125.2 Definitions.
For purposes of this chapter, unless the context clearly indicates otherwise:
1. “Board” means the state board of health created pursuant to chapter 136.
2. “Chemical substance” means alcohol, wine, spirits, and beer as defined in chapter 123 and controlled substances as defined in section 124.101.
3. “Chief medical officer” means the medical director in charge of a public or private hospital, or the director’s physician-designee. This chapter does not negate the authority otherwise reposed by chapter 226 in the respective superintendents of the state mental health institutes to make decisions regarding the appropriateness of admissions or discharges of patients of those institutes, however, it is the intent of this chapter that a superintendent who is not a licensed physician shall be guided in these decisions by the chief medical officer of the institute.
4. “Clerk” means the clerk of the district court.
5. “County of residence” means the same as defined in section 331.394.
6. “Department” means the Iowa department of public health.
7. “Director” means the director of the Iowa department of public health.
8. “Facility” means an institution, a detoxification center, or an installation providing care, maintenance and treatment for persons with substance-related disorders licensed by the department under section 125.13, hospitals licensed under chapter 135B, or the state mental health institutes designated by chapter 226.
9. “Incapacitated by a chemical substance” means that a person, as a result of the use of a chemical substance, is unconscious or has the person’s judgment otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the need for treatment.
10. “Incompetent person” means a person who has been adjudged incompetent by a court of law.
11. “Interested person” means a person who, in the discretion of the court, is legitimately concerned that a respondent receive substance abuse treatment services.
12. “Mental health professional” means the same as defined in section 228.1.
13. “Psychiatric advanced registered nurse practitioner” means an individual currently licensed as a registered nurse under chapter 152 or 152E who holds a national certification in psychiatric mental health care and who is licensed by the board of nursing as an advanced registered nurse practitioner.
14. “Respondent” means a person against whom an application is filed under section 125.75.
15. “Substance-related disorder” means a diagnosable substance abuse disorder of sufficient duration to meet diagnostic criteria specified within the most current diagnostic and statistical manual of mental disorders published by the American psychiatric association that results in a functional impairment.
[C62, 66, §123A.1; C71, 73, §123A.1, 123B.1; C75, 77, §125.2; C79, 81, §125.2, 229.50; 81 Acts, ch 58, §1; 82 Acts, ch 1212, §1]
86 Acts, ch 1245, §1122; 89 Acts, ch 197, §21; 90 Acts, ch 1085, §1, 2; 2005 Acts, ch 175, §59, 60; 2008 Acts, ch 1082, §1; 2011 Acts, ch 121, §25 – 28, 62; 2012 Acts, ch 1021, §40; 2015 Acts, ch 56, §1; 2017 Acts, ch 34, §1; 2018 Acts, ch 1137, §21, 22
Referred to in §125.3, 125.7, 125.44, 125.75, 229.6, 282.19, 321J.24, 321J.25, 600A.8, 709.16
Structure Iowa Code
Chapter 125 - SUBSTANCE-RELATED DISORDERS
Section 125.1 - Declaration of policy.
Section 125.3 - Substance abuse program established.
Section 125.7 - Duties of the board.
Section 125.9 - Powers of director.
Section 125.10 - Duties of director.
Section 125.12 - Comprehensive program for treatment — regional facilities.
Section 125.13 - Programs licensed — exceptions.
Section 125.14 - Licenses — renewal — fees.
Section 125.14A - Personnel of a licensed program admitting juveniles.
Section 125.15A - Licensure — emergencies.
Section 125.16 - Transfer of license or change of location prohibited.
Section 125.17 - License suspension or revocation.
Section 125.18 - Hearing before board.
Section 125.19 - Reissuance or reinstatement.
Section 125.21 - Chemical substitutes and antagonists programs.
Section 125.25 - Approval of facility budget.
Section 125.32 - Acceptance for treatment — rules.
Section 125.32A - Discrimination prohibited.
Section 125.33 - Voluntary treatment of persons with substance-related disorders.
Section 125.37 - Records confidential.
Section 125.38 - Rights and privileges of patients.
Section 125.39 - Eligible entities.
Section 125.40 - Criminal laws limitations.
Section 125.41 - Judicial review.
Section 125.43 - Funding at mental health institutes.
Section 125.43A - Prescreening — exception.
Section 125.44 - Agreements with facilities — liability for costs.
Section 125.46 - County of residence determined.
Section 125.48 - List of contracting facilities.
Section 125.54 - Use of funds.
Section 125.58 - Inspection — penalties.
Section 125.59 - Transfer of certain revenue — county program funding.
Section 125.60 - Grant formula.
Section 125.74 - Preapplication screening assessment — program.
Section 125.75A - Involuntary proceedings — minors — jurisdiction.
Section 125.75B - Dual filings.
Section 125.76 - Appointment of counsel for applicant.
Section 125.77 - Service of notice.
Section 125.78 - Procedure after application.
Section 125.79 - Respondent’s attorney informed.
Section 125.81 - Immediate custody.
Section 125.82 - Commitment hearing.
Section 125.83 - Placement for evaluation.
Section 125.83A - Placement in certain federal facilities.
Section 125.84 - Evaluation report.
Section 125.85 - Custody, discharge, and termination of proceeding.
Section 125.86 - Periodic reports required.
Section 125.87 - Status during appeal.
Section 125.88 - Status if commitment delayed.
Section 125.89 - Respondents charged with or convicted of crime.
Section 125.90 - Judicial hospitalization referee.
Section 125.91 - Emergency detention.
Section 125.92 - Rights and privileges of committed persons.