125.80 - PHYSICIAN'S EXAMINATION -- REPORT -- SCHEDULING OF HEARING.
125.80 PHYSICIAN'S EXAMINATION -- REPORT --
SCHEDULING OF HEARING.
1. a. An examination of the respondent shall be conducted
within a reasonable time and prior to the commitment hearing by one
or more licensed physicians as required by the court's order. If the
respondent is taken into custody under section 125.81, the
examination shall be conducted within twenty-four hours after the
respondent is taken into custody. If the respondent desires, the
respondent may have a separate examination by a licensed physician of
the respondent's own choice. The court shall notify the respondent
of the right to choose a physician for a separate examination. The
reasonable cost of the examinations shall be paid from county funds
upon order of the court if the respondent lacks sufficient funds to
pay the cost.
b. A licensed physician conducting an examination pursuant to
this section may consult with or request the participation in the
examination of facility personnel, and may include with or attach to
the written report of the examination any findings or observations by
facility personnel who have been consulted or have participated in
the examination.
c. If the respondent is not taken into custody under section
125.81, but the court is subsequently informed that the respondent
has declined to be examined by a licensed physician pursuant to the
court order, the court may order limited detention of the respondent
as necessary to facilitate the examination of the respondent by the
licensed physician.
2. A written report of the examination by a court-designated
physician shall be filed with the clerk prior to the hearing date. A
written report of an examination by a physician chosen by the
respondent may be similarly filed. The clerk shall immediately:
a. Cause a report to be shown to the judge who issued the
order.
b. Cause the respondent's attorney to receive a copy of the
report of a court-designated physician.
3. If the report of a court-designated physician is to the effect
that the respondent is not a chronic substance abuser, the court,
without taking further action, may terminate the proceeding and
dismiss the application on its own motion and without notice.
4. If the report of a court-designated physician is to the effect
that the respondent is a chronic substance abuser, the court shall
schedule a commitment hearing as soon as possible. The hearing shall
be held not more than forty-eight hours after the report is filed,
excluding Saturdays, Sundays, and holidays, unless an extension for
good cause is requested by the respondent, or as soon thereafter as
possible if the court considers that sufficient grounds exist for
delaying the hearing. Section History: Early Form
[C75, 77, § 125.19(1--4); C79, 81, § 229.51, 229.52(1, 2); 82
Acts, ch 1212, § 8] Section History: Recent Form
90 Acts, ch 1085, §14; 2009 Acts, ch 41, §263
Referred to in § 125.78, 125.84, 125.85, 229.21