229.22 - HOSPITALIZATION -- EMERGENCY PROCEDURE.
229.22 HOSPITALIZATION -- EMERGENCY PROCEDURE.
1. The procedure prescribed by this section shall not be used
unless it appears that a person should be immediately detained due to
serious mental impairment, but that person cannot be immediately
detained by the procedure prescribed in sections 229.6 and 229.11
because there is no means of immediate access to the district court.
2. a. In the circumstances described in subsection 1, any
peace officer who has reasonable grounds to believe that a person is
mentally ill, and because of that illness is likely to physically
injure the person's self or others if not immediately detained, may
without a warrant take or cause that person to be taken to the
nearest available facility as defined in section 229.11, subsection
1, paragraphs "b" and "c". A person believed mentally ill,
and likely to injure the person's self or others if not immediately
detained, may be delivered to a hospital by someone other than a
peace officer. Upon delivery of the person believed mentally ill to
the hospital, the examining physician may order treatment of that
person, including chemotherapy, but only to the extent necessary to
preserve the person's life or to appropriately control behavior by
the person which is likely to result in physical injury to that
person or others if allowed to continue. The peace officer who took
the person into custody, or other party who brought the person to the
hospital, shall describe the circumstances of the matter to the
examining physician. If the person is a peace officer, the peace
officer may do so either in person or by written report. If the
examining physician finds that there is reason to believe that the
person is seriously mentally impaired, and because of that impairment
is likely to physically injure the person's self or others if not
immediately detained, the examining physician shall at once
communicate with the nearest available magistrate as defined in
section 801.4, subsection 10. The magistrate shall, based upon the
circumstances described by the examining physician, give the
examining physician oral instructions either directing that the
person be released forthwith or authorizing the person's detention in
an appropriate facility. The magistrate may also give oral
instructions and order that the detained person be transported to an
appropriate facility.
b. If the magistrate orders that the person be detained, the
magistrate shall, by the close of business on the next working day,
file a written order with the clerk in the county where it is
anticipated that an application may be filed under section 229.6.
The order may be filed by facsimile if necessary. The order shall
state the circumstances under which the person was taken into custody
or otherwise brought to a facility, and the grounds supporting the
finding of probable cause to believe that the person is seriously
mentally impaired and likely to injure the person's self or others if
not immediately detained. The order shall confirm the oral order
authorizing the person's detention including any order given to
transport the person to an appropriate facility. The clerk shall
provide a copy of that order to the chief medical officer of the
facility to which the person was originally taken, to any subsequent
facility to which the person was transported, and to any law
enforcement department or ambulance service that transported the
person pursuant to the magistrate's order.
3. The chief medical officer of the hospital shall examine and
may detain and care for the person taken into custody under the
magistrate's order for a period not to exceed forty-eight hours from
the time such order is dated, excluding Saturdays, Sundays and
holidays, unless the order is sooner dismissed by a magistrate. The
hospital may provide treatment which is necessary to preserve the
person's life, or to appropriately control behavior by the person
which is likely to result in physical injury to the person's self or
others if allowed to continue, but may not otherwise provide
treatment to the person without the person's consent. The person
shall be discharged from the hospital and released from custody not
later than the expiration of that period, unless an application for
the person's involuntary hospitalization is sooner filed with the
clerk pursuant to section 229.6. The detention of any person by the
procedure and not in excess of the period of time prescribed by this
section shall not render the peace officer, physician or hospital so
detaining that person liable in a criminal or civil action for false
arrest or false imprisonment if the peace officer, physician or
hospital had reasonable grounds to believe the person so detained was
mentally ill and likely to physically injure the person's self or
others if not immediately detained.
4. The cost of hospitalization at a public hospital of a person
detained temporarily by the procedure prescribed in this section
shall be paid in the same way as if the person had been admitted to
the hospital by the procedure prescribed in sections 229.6 to 229.13.
Section History: Early Form
[C77, 79, 81, § 229.22] Section History: Recent Form
95 Acts, ch 24, §2; 2003 Acts, ch 68, §3, 4; 2009 Acts, ch 41,
§227
Referred to in § 229.21, 229.23, 229.24, 602.6405