229.10 PHYSICIANS' EXAMINATION -- REPORT.
1. a. An examination of the respondent shall be conducted by
one or more licensed physicians, as required by the court's order,
within a reasonable time. If the respondent is detained pursuant to
section 229.11, subsection 1, paragraph "b", the examination
shall be conducted within twenty-four hours. If the respondent is
detained pursuant to section 229.11, subsection 1, paragraph "a"
or "c", the examination shall be conducted within forty-eight
hours. If the respondent so desires, the respondent shall be
entitled to a separate examination by a licensed physician of the
respondent's own choice. The reasonable cost of the examinations
shall, if the respondent lacks sufficient funds to pay the cost, be
paid from county funds upon order of the court.
b. Any licensed physician conducting an examination pursuant
to this section may consult with or request the participation in the
examination of any qualified mental health professional, and may
include with or attach to the written report of the examination any
findings or observations by any qualified mental health professional
who has been so consulted or has so participated in the examination.
c. If the respondent is not taken into custody under section
229.11, but the court is subsequently informed that the respondent
has declined to be examined by the licensed physician or physicians
pursuant to the court order, the court may order such limited
detention of the respondent as is necessary to facilitate the
examination of the respondent by the licensed physician or
physicians.
2. A written report of the examination by the court-designated
physician or physicians shall be filed with the clerk prior to the
time set for hearing. A written report of any examination by a
physician chosen by the respondent may be similarly filed. The clerk
shall immediately:
a. Cause the report or reports to be shown to the judge who
issued the order; and
b. Cause the respondent's attorney to receive a copy of the
report of the court-designated physician or physicians.
3. If the report of the court-designated physician or physicians
is to the effect that the individual is not seriously mentally
impaired, the court may without taking further action terminate the
proceeding and dismiss the application on its own motion and without
notice.
4. If the report of the court-designated physician or physicians
is to the effect that the respondent is seriously mentally impaired,
the court shall schedule a hearing on the application 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
[C77, 79, 81, § 229.10]
Section History: Recent Form
2006 Acts, ch 1116, §2; 2009 Acts, ch 41, §224
Referred to in § 218.92, 222.7, 222.55, 225.30, 226.31, 227.10,
227.15, 229.8, 229.14, 229.19, 229.21, 229.22, 229.24, 229.26, 229.38
229.10 PHYSICIANS' EXAMINATION -- REPORT.
1. a. An examination of the respondent shall be conducted by
one or more licensed physicians, as required by the court's order,
within a reasonable time. If the respondent is detained pursuant to
section 229.11, subsection 1, paragraph "b", the examination
shall be conducted within twenty-four hours. If the respondent is
detained pursuant to section 229.11, subsection 1, paragraph "a"
or "c", the examination shall be conducted within forty-eight
hours. If the respondent so desires, the respondent shall be
entitled to a separate examination by a licensed physician of the
respondent's own choice. The reasonable cost of the examinations
shall, if the respondent lacks sufficient funds to pay the cost, be
paid from county funds upon order of the court.
b. Any licensed physician conducting an examination pursuant
to this section may consult with or request the participation in the
examination of any qualified mental health professional, and may
include with or attach to the written report of the examination any
findings or observations by any qualified mental health professional
who has been so consulted or has so participated in the examination.
c. If the respondent is not taken into custody under section
229.11, but the court is subsequently informed that the respondent
has declined to be examined by the licensed physician or physicians
pursuant to the court order, the court may order such limited
detention of the respondent as is necessary to facilitate the
examination of the respondent by the licensed physician or
physicians.
2. A written report of the examination by the court-designated
physician or physicians shall be filed with the clerk prior to the
time set for hearing. A written report of any examination by a
physician chosen by the respondent may be similarly filed. The clerk
shall immediately:
a. Cause the report or reports to be shown to the judge who
issued the order; and
b. Cause the respondent's attorney to receive a copy of the
report of the court-designated physician or physicians.
3. If the report of the court-designated physician or physicians
is to the effect that the individual is not seriously mentally
impaired, the court may without taking further action terminate the
proceeding and dismiss the application on its own motion and without
notice.
4. If the report of the court-designated physician or physicians
is to the effect that the respondent is seriously mentally impaired,
the court shall schedule a hearing on the application 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
[C77, 79, 81, § 229.10]
Section History: Recent Form
2006 Acts, ch 1116, §2; 2009 Acts, ch 41, §224
Referred to in § 218.92, 222.7, 222.55, 225.30, 226.31, 227.10,
227.15, 229.8, 229.14, 229.19, 229.21, 229.22, 229.24, 229.26, 229.38
229.10 PHYSICIANS' EXAMINATION -- REPORT.
1. a. An examination of the respondent shall be conducted by
one or more licensed physicians, as required by the court's order,
within a reasonable time. If the respondent is detained pursuant to
section 229.11, subsection 1, paragraph "b", the examination
shall be conducted within twenty-four hours. If the respondent is
detained pursuant to section 229.11, subsection 1, paragraph "a"
or "c", the examination shall be conducted within forty-eight
hours. If the respondent so desires, the respondent shall be
entitled to a separate examination by a licensed physician of the
respondent's own choice. The reasonable cost of the examinations
shall, if the respondent lacks sufficient funds to pay the cost, be
paid from county funds upon order of the court.
b. Any licensed physician conducting an examination pursuant
to this section may consult with or request the participation in the
examination of any qualified mental health professional, and may
include with or attach to the written report of the examination any
findings or observations by any qualified mental health professional
who has been so consulted or has so participated in the examination.
c. If the respondent is not taken into custody under section
229.11, but the court is subsequently informed that the respondent
has declined to be examined by the licensed physician or physicians
pursuant to the court order, the court may order such limited
detention of the respondent as is necessary to facilitate the
examination of the respondent by the licensed physician or
physicians.
2. A written report of the examination by the court-designated
physician or physicians shall be filed with the clerk prior to the
time set for hearing. A written report of any examination by a
physician chosen by the respondent may be similarly filed. The clerk
shall immediately:
a. Cause the report or reports to be shown to the judge who
issued the order; and
b. Cause the respondent's attorney to receive a copy of the
report of the court-designated physician or physicians.
3. If the report of the court-designated physician or physicians
is to the effect that the individual is not seriously mentally
impaired, the court may without taking further action terminate the
proceeding and dismiss the application on its own motion and without
notice.
4. If the report of the court-designated physician or physicians
is to the effect that the respondent is seriously mentally impaired,
the court shall schedule a hearing on the application 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
[C77, 79, 81, § 229.10]
Section History: Recent Form
2006 Acts, ch 1116, §2; 2009 Acts, ch 41, §224
Referred to in § 218.92, 222.7, 222.55, 225.30, 226.31, 227.10,
227.15, 229.8, 229.14, 229.19, 229.21, 229.22, 229.24, 229.26, 229.38
