125.92 Rights and privileges of committed persons.
A person who is detained, taken into immediate custody, or committed under this subchapter has the right to:
1. Prompt evaluation, emergency services, and care and treatment as indicated by sound clinical practice.
2. Render informed consent, except for treatment provided pursuant to sections 125.81 and 125.91. If the person is incompetent treatment may be consented to by the person’s next of kin or guardian notwithstanding the person’s refusal. If the person refuses treatment which in the opinion of the chief medical officer is necessary or if the person is incompetent and the next of kin or guardian refuses to consent to the treatment or no next of kin or guardian is available the facility may petition a court of appropriate jurisdiction for approval to treat the person.
3. The protection of the person’s constitutional rights.
4. Enjoy all legal, medical, religious, social, political, personal, and working rights and privileges, which the person would enjoy if not detained, taken into immediate custody, or committed, consistent with the effective treatment of the person and of the other persons in the facility. If the person’s rights are restricted, the physician and surgeon’s or osteopathic physician and surgeon’s or mental health professional’s direction to that effect shall be noted in the person’s record. The person or the person’s next of kin or guardian shall be advised of the person’s rights and be provided a written copy upon the person’s admission to or arrival at the facility.
[82 Acts, ch 1212, §20]
2017 Acts, ch 34, §11; 2017 Acts, ch 54, §76; 2018 Acts, ch 1026, §46
Referred to in §229.21
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.