Iowa Code ch. 125

Substance Use Disorders

Iowa Code Chapter 125 establishes the statewide licensing framework for substance use disorder treatment programs, requiring any residential program, nonresidential outpatient program, or chemical substitutes/antagonists program whose primary purpose is SUD treatment to obtain a written license from the Department of Health and Human Services. The chapter sets out licensing procedures, renewal, inspection authority, suspension and revocation standards, personnel background-check requirements for programs admitting juveniles, voluntary treatment rights, and an involuntary commitment process for persons with substance use disorders. Facility operators must comply with department rules on accounting systems, accept patients regardless of residence under state contracts, and maintain confidentiality of patient information.

1
SUBST
ANCE
USE
DIS
ORDERS,
Ch
125
CHAPTER
125
SUBST
ANCE
USE
DISORDERS
Referred
to
in
§11.6
,
135.11
,
229.6
,
229.45
,
232.69
,
235B.2
,
235B.3
,
235E.1
,
235E.2
,
235F
.1
,
237.4
,
237C.1
,
321J.3
,
321J.17
,
321J.22
,
321J.25
,
602.6306
,
602.6405
,
726.24
,
904.513
SUBCHAPTER
I
DEFINITIONS
125.1
Declaration
of
policy
.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.2
Definitions.
SUBCHAPTER
II
SUBST
ANCE
USE
DISORDER
PROGRAM
125.3
Substance
use
disorder
program
established.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.4
through
125.6
Repealed
by
2005
Acts,
ch
175,
§128
.
125.7
Duties
of
the
council.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.8
Reserved.
125.9
P
owers
of
director
.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.10
Duties
of
director
.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.11
Reserved.
SUBCHAPTER
III
TREA
TMENT
PROGRAMS
AND
F
ACILITIES
125.12
Comprehensive
program
for
treatment
—
regional
facilities.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.13
P
rograms
licensed
—
exceptions.
125.14
Licenses
—
renewal
—
fees.
125.14A
P
ersonnel
of
a
licensed
program
admitting
juveniles.
125.15
Inspections.
125.15A
Licensure
—
emergencies.
125.16
T
ransfer
of
license
or
change
of
location
prohibited.
125.17
License
suspension
or
revocation.
125.18
Applications
—
approval
or
denial
—
disciplinary
actions.
125.19
Reissuance
or
reinstatement.
125.20
R
ules.
125.21
Chemical
substitutes
and
antagonists
programs.
125.22
through
125.24
Reserved.
125.25
Approval
of
facility
budget.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.26
through
125.31
Reserved.
125.32
Acceptance
for
treatment
—
rules.
125.32A
Discrimination
prohibited.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.33
V
oluntary
treatment
of
persons
with
a
substance
use
disorder
.
125.34
T
reatment
and
services
for
persons
with
a
substance
use
disorder
due
to
intoxication
and
substance-induced
incapacitation.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.35
and
125.36
Reserved.
125.37
Records
confidential.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.38
Rights
and
privileges
of
patients.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.39
Eligible
entities.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.40
Criminal
laws
limitations.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.41
Judicial
review
.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.42
Appeals.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.43
F
unding
at
mental
health
institutes.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.43A
P
rescreening
—
exception.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.44
Agreements
with
facilities
—
liability
for
costs.
125.45
Reserved.
125.46
County
of
residence
determined.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.47
Reserved.
125.48
List
of
contracting
facilities.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.49
through
125.53
Reserved.
125.54
Use
of
funds.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.55
A
udits.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.56
and
125.57
Reserved.
125.58
Inspection
—
penalties.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.59
T
ransfer
of
certain
revenue
—
county
program
funding.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.60
Grant
formula.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
125.61
through
125.73
Reserved.
SUBCHAPTER
IV
INV
OL
UNT
AR
Y
COMMITMENT
OR
TREA
TMENT
FOR
SUBST
ANCE
USE
DISORDERS
125.74
P
reapplication
screening
assessment
—
program.
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

Ch
125,
SUBST
ANCE
USE
DIS
ORDERS
2
125.75
Application.
125.75A
Involuntary
proceedings
—
minors
—
jurisdiction.
125.75B
Dual
filings.
Repealed
by
2013
Acts,
ch
130,
§55
.
125.76
Appointment
of
counsel
for
applicant.
125.77
Service
of
notice.
125.78
P
rocedure
after
application.
125.79
Respondent’s
attorney
informed.
125.80
Physician
’s
or
mental
health
professional’s
examination
—
report
—
scheduling
of
hearing.
125.81
Immediate
custody
.
125.82
Commitment
hearing.
125.83
Placement
for
evaluation.
125.83A
Placement
in
certain
federal
facilities.
125.84
Evaluation
report.
125.85
Custody
,
discharge,
and
termination
of
proceeding.
125.86
P
eriodic
reports
required.
125.87
Status
during
appeal.
125.88
Status
if
commitment
delayed.
125.89
Respondents
charged
with
or
convicted
of
crime.
125.90
Judicial
hospitalization
referee.
125.91
Emergency
detention.
125.92
Rights
and
privileges
of
committed
persons.
125.93
Commitment
records
—
confidentiality
.
125.94
Supreme
court
rules.
SUBCHAPTER
I
DEFINITIONS
125.1
Declaration
of
policy
.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.2
Definitions.
F
or
purposes
of
this
chapter
,
unless
the
context
clearly
indicates
otherwise:
1.
“Chemical
substance”
means
alcohol,
wine,
spirits,
and
beer
as
defined
in
chapter
123
and
controlled
substances
as
defined
in
section
124.101
.
2.
“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.
3.
“Clerk”
means
the
clerk
of
the
district
court.
4.
“Department”
means
the
department
of
health
and
human
services.
5.
“Director”
means
the
director
of
health
and
human
services.
6.
“F
acility
”
means
an
institution,
a
detoxification
center
,
or
an
installation
providing
care,
maintenance
and
treatment
for
persons
with
a
substance
use
disorder
licensed
by
the
department
under
section
125.13
,
hospitals
licensed
under
chapter
135B
,
or
the
state
mental
health
institutes
designated
by
chapter
226
.
7.
“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.
8.
“Interested
person
”
means
a
person
who
,
in
the
discretion
of
the
court,
is
legitimately
concerned
that
a
respondent
receive
substance
use
disorder
treatment
services.
9.
“Magistrate”
means
the
same
as
defined
in
section
801.4,
subsection
10
.
10.
“Mental
health
professional”
means
the
same
as
defined
in
section
228.1
.
11.
“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
.
12.
“Respondent”
means
a
person
against
whom
an
application
is
filed
under
section
125.75
.
13.
“Substance
use
disorder”
means
a
diagnosable
substance
use
disorder
of
sufficient
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

3
SUBST
ANCE
USE
DIS
ORDERS,
§125.13
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
;
2022
Acts,
ch
1071,
§2
;
2023
Acts,
ch
19,
§79
;
2024
Acts,
ch
1161,
§18,
137
Referred
to
in
§125.44
,
125.75
,
135H.1
,
228.1
,
229.6
,
232.2
,
282.19
,
321J.24
,
321J.25
,
600A
.8
,
709.16
2024
strike
of
subsections
4,
5,
and
10
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
Subsections
4
and
5
stricken
and
former
subsections
6
–
9
renumbered
as
4
–
7
Subsection
10
stricken
and
former
subsections
11
–
16
renumbered
as
8
–
13
SUBCHAPTER
II
SUBST
ANCE
USE
DISORDER
PROGRAM
125.3
Substance
use
disorder
program
established.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.4
through
125.6
Repealed
by
2005
Acts,
ch
175,
§128.
125.7
Duties
of
the
council.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.8
Reserved.
125.9
P
owers
of
director
.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.10
Duties
of
director
.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.11
Reserved.
SUBCHAPTER
III
TREA
TMENT
PROGRAMS
AND
F
ACILITIES
125.12
Comprehensive
program
for
treatment
—
regional
facilities.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.13
P
rograms
licensed
—
e
x
ceptions.
1.
a.
Except
as
provided
in
subsection
2
,
a
person
shall
not
maintain
or
conduct
any
chemical
substitutes
or
antagonists
program,
residential
program,
or
nonresidential
outpatient
program,
the
primary
purpose
of
which
is
the
treatment
and
rehabilitation
of
persons
with
a
substance
use
disorder
without
having
first
obtained
a
written
license
for
the
program
from
the
department.
b.
F
our
types
of
licenses
may
be
issued
by
the
department.
A
renewable
license
may
be
issued
for
one,
two
,
or
three
years.
A
treatment
program
applying
for
its
initial
license
may
be
issued
a
license
for
two
hundred
seventy
days.
A
license
issued
for
two
hundred
seventy
days
shall
not
be
renewed
or
extended.
2.
The
licensing
requirements
of
this
chapter
do
not
apply
to
any
of
the
following:
a.
A
hospital
providing
care
or
treatment
to
persons
with
a
substance
use
disorder
licensed
under
chapter
135B
which
is
accredited
by
the
joint
commission,
the
commission
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

§125.13,
SUBST
ANCE
USE
DIS
ORDERS
4
on
accreditation
of
rehabilitation
facilities,
the
American
osteopathic
association,
or
another
recognized
organization
approved
by
the
department.
All
survey
reports
from
the
accrediting
or
licensing
body
must
be
sent
to
the
department.
b.
Any
practitioner
of
medicine
and
surgery
or
osteopathic
medicine
and
surgery
,
in
the
practitioner
’s
private
practice.
However
,
a
program
shall
not
be
exempted
from
licensing
by
the
department
by
virtue
of
its
utilization
of
the
services
of
a
medical
practitioner
in
its
operation.
c.
P
rivate
institutions
conducted
by
and
for
persons
who
adhere
to
the
faith
of
any
well
recognized
church
or
religious
denomination
for
the
purpose
of
providing
care,
treatment,
counseling,
or
rehabilitation
to
persons
with
a
substance
use
disorder
and
who
rely
solely
on
prayer
or
other
spiritual
means
for
healing
in
the
practice
of
religion
of
such
church
or
denomination.
d.
A
program
that
provides
only
education,
prevention,
referral,
or
post
treatment
services.
e.
Alcoholics
anonymous.
f
.
Individuals
in
private
practice
who
are
providing
substance
use
disorder
treatment
services
independent
from
a
program
that
is
required
to
be
licensed
under
subsection
1
.
g.
Intervention
and
referral
programs
which
are
financed
and
managed
by
a
county
or
counties,
are
staffed
by
county
employees,
and
do
not
receive
state
payments
pursuant
to
a
contract
under
section
125.44
.
h.
V
oluntary
,
nonprofit
groups
whose
funding
is
provided
solely
from
nontax
sources.
i.
A
substance
use
disorder
treatment
program
not
funded
by
the
department
which
is
accredited
or
licensed
by
the
joint
commission,
the
commission
on
the
accreditation
of
rehabilitation
facilities,
the
American
osteopathic
association,
or
another
recognized
organization
approved
by
the
department.
All
survey
reports
from
the
accrediting
or
licensing
body
must
be
sent
to
the
department.
j.
A
hospital
substance
use
disorder
treatment
program
that
is
accredited
or
licensed
by
the
joint
commission,
the
commission
on
the
accreditation
of
rehabilitation
facilities,
the
American
osteopathic
association,
or
another
recognized
organization
approved
by
the
department.
All
survey
reports
for
the
hospital
substance
use
disorder
treatment
program
from
the
accrediting
or
licensing
body
shall
be
sent
to
the
department.
k.
A
psychiatric
medical
institution
for
children
licensed
under
chapter
135H
,
unless
the
psychiatric
medical
institution
for
children
provides
substance
use
disorder
services.
[C75,
77,
§125.14,
224B.12,
224B.13;
C79,
81,
§125.13
;
81
Acts,
ch
58,
§4
–
7
;
82
Acts,
ch
1244,
§1,
2
]
86
Acts,
ch
1001,
§4
;
89
Acts,
ch
243,
§2
;
90
Acts,
ch
1085,
§6,
7
;
94
Acts,
ch
1068,
§1
;
2002
Acts,
ch
1108,
§4,
5
;
2005
Acts,
ch
175,
§66
;
2009
Acts,
ch
41,
§263
;
2011
Acts,
ch
121,
§32,
33,
62
;
2023
Acts,
ch
19,
§85,
86
;
2024
Acts,
ch
1170,
§377
;
2024
Acts,
ch
1182,
§143
;
2025
Acts,
ch
86,
§1,
48
Referred
to
in
§125.2
,
125.20
,
125.21
,
135H.4
Subsection
2,
paragraphs
a,
i,
and
j
amended
Subsection
2,
NEW
paragraph
k
125.14
Licenses
—
renewal
—
fees.
The
department
shall
consider
all
cases
involving
initial
issuance,
and
renewal,
denial,
suspension,
or
revocation
of
a
license.
The
department
shall
issue
a
license
to
an
applicant
whom
the
department
determines
meets
the
licensing
requirements
of
this
chapter
.
Licenses
shall
expire
no
later
than
three
years
from
the
date
of
issuance
and
shall
be
renewed
upon
timely
application
made
in
the
same
manner
as
for
initial
issuance
of
a
license
unless
notice
of
nonrenewal
is
given
to
the
licensee
at
least
thirty
days
prior
to
the
expiration
of
the
license.
The
department
shall
not
charge
a
fee
for
licensing
or
renewal
of
programs
contracting
with
the
department
for
provision
of
treatment
services.
A
fee
may
be
charged
to
other
licensees.
[C75,
77,
§224B.14,
224B.15;
C79,
81,
§125.14
;
81
Acts,
ch
58,
§8
]
89
Acts,
ch
243,
§3
;
2000
Acts,
ch
1140,
§19
;
2002
Acts,
ch
1108,
§6
;
2005
Acts,
ch
175,
§67
;
2023
Acts,
ch
19,
§87
;
2024
Acts,
ch
1170,
§378
;
2024
Acts,
ch
1182,
§144
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

5
SUBST
ANCE
USE
DIS
ORDERS,
§125.14A
125.14A
P
ersonnel
of
a
licensed
program
admitting
juveniles.
1.
If
a
person
is
being
considered
for
licensure
under
this
chapter
,
or
for
employment
involving
direct
responsibility
for
a
child
or
with
access
to
a
child
when
the
child
is
alone,
by
a
program
admitting
juveniles
subject
to
licensure
under
this
chapter
,
or
if
a
person
will
reside
in
a
facility
utilized
by
such
a
program,
and
if
the
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
abuse,
the
record
check
evaluation
system
of
the
department
and
the
program
for
an
employee
of
the
program
shall
perform
an
evaluation
to
determine
whether
the
crime
or
founded
child
abuse
warrants
prohibition
of
licensure,
employment,
or
residence
in
the
facility
.
The
record
check
evaluation
system
shall
conduct
criminal
and
child
abuse
record
checks
in
this
state
and
may
conduct
these
checks
in
other
states.
The
evaluation
shall
be
performed
in
accordance
with
procedures
adopted
for
this
purpose
by
the
department.
2.
If
the
record
check
evaluation
system
determines
that
a
person
has
committed
a
crime
or
has
a
record
of
founded
child
abuse
and
is
licensed,
employed
by
a
program
licensed
under
this
chapter
,
or
resides
in
a
licensed
facility
the
record
check
evaluation
system
shall
notify
the
program
that
an
evaluation
will
be
conducted
to
determine
whether
prohibition
of
the
person
’s
licensure,
employment,
or
residence
is
warranted.
3.
In
an
evaluation,
the
record
check
evaluation
system
and
the
program
for
an
employee
of
the
program
shall
consider
the
nature
and
seriousness
of
the
crime
or
founded
child
abuse
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
crime
or
founded
child
abuse,
the
circumstances
under
which
the
crime
or
founded
child
abuse
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
crime
or
founded
child
abuse
again,
and
the
number
of
crimes
or
founded
child
abuses
committed
by
the
person
involved.
The
record
check
evaluation
system
may
permit
a
person
who
is
evaluated
to
be
licensed,
employed,
or
to
reside,
or
to
continue
to
be
licensed,
employed,
or
to
reside
in
a
program,
if
the
person
complies
with
the
record
check
evaluation
system’s
conditions
relating
to
the
person
’s
licensure,
employment,
or
residence,
which
may
include
completion
of
additional
training.
F
or
an
employee
of
a
licensee,
these
conditional
requirements
shall
be
developed
with
the
licensee.
The
record
check
evaluation
system
has
final
authority
in
determining
whether
prohibition
of
the
person
’s
licensure,
employment,
or
residence
is
warranted
and
in
developing
any
conditional
requirements
under
this
subsection
.
4.
If
the
record
check
evaluation
system
determines
that
the
person
has
committed
a
crime
or
has
a
record
of
founded
child
abuse
which
warrants
prohibition
of
licensure,
employment,
or
residence,
the
person
shall
not
be
licensed
under
this
chapter
to
operate
a
program
admitting
juveniles
and
shall
not
be
employed
by
a
program
or
reside
in
a
facility
admitting
juveniles
licensed
under
this
chapter
.
5.
In
addition
to
the
record
checks
required
under
this
section
,
the
record
check
evaluation
system
may
conduct
dependent
adult
abuse
record
checks
in
this
state
and
may
conduct
these
checks
in
other
states,
on
a
random
basis.
The
provisions
of
this
section
,
relative
to
an
evaluation
following
a
determination
that
a
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
abuse,
shall
also
apply
to
a
random
check
conducted
under
this
subsection
.
6.
A
program
or
facility
shall
inform
all
new
applicants
for
employment
of
the
possibility
of
the
performance
of
a
record
check
and
shall
obtain,
from
the
applicant,
a
signed
acknowledgment
of
the
receipt
of
the
information.
7.
A
program
or
facility
shall
include
the
following
inquiry
in
an
application
for
employment:
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
other
state?
90
Acts,
ch
1221,
§1
;
91
Acts,
ch
138,
§1
;
92
Acts,
ch
1163,
§33
;
94
Acts,
ch
1130,
§11
;
2023
Acts,
ch
19,
§88
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

§125.15,
SUBST
ANCE
USE
DIS
ORDERS
6
125.15
Inspections.
The
department
may
inspect
the
facilities
and
review
the
procedures
utilized
by
any
chemical
substitutes
or
antagonists
program,
residential
program,
or
nonresidential
outpatient
program
that
has
as
a
primary
purpose
the
treatment
and
rehabilitation
of
persons
with
a
substance
use
disorder
,
for
the
purpose
of
ensuring
compliance
with
this
chapter
and
the
rules
adopted
pursuant
to
this
chapter
.
The
examination
and
review
may
include
case
record
audits
and
interviews
with
staff
and
patients,
consistent
with
the
confidentiality
safeguards
of
state
and
federal
law
.
[C75,
77,
§224B.16;
C79,
81,
§125.15
]
86
Acts,
ch
1245,
§1130
;
2000
Acts,
ch
1140,
§20
;
2011
Acts,
ch
121,
§34,
62
;
2023
Acts,
ch
19,
§89
125.15A
Licensure
—
emergencies.
1.
The
department
may
place
an
employee
or
agent
to
serve
as
a
monitor
in
a
licensed
substance
use
disorder
treatment
program
or
may
petition
the
court
for
appointment
of
a
receiver
for
a
program
when
any
of
the
following
conditions
exist:
a.
The
program
is
operating
without
a
license.
b.
The
department
has
suspended,
revoked,
or
refused
to
renew
the
existing
license
of
the
program.
c.
The
program
is
closing
or
has
informed
the
department
that
it
intends
to
close
and
adequate
arrangements
for
the
location
of
clients
have
not
been
made
at
least
thirty
days
before
the
closing.
d.
The
department
determines
that
an
emergency
exists,
whether
or
not
it
has
initiated
revocation
or
nonrenewal
procedures,
and
because
of
the
unwillingness
or
inability
of
the
licensee
to
remedy
the
emergency
,
the
department
determines
that
a
monitor
or
receiver
is
necessary
.
As
used
in
this
paragraph,
“emergency
”
means
a
threat
to
the
health,
safety
,
or
welfare
of
a
client
that
the
program
is
unwilling
or
unable
to
correct.
2.
The
monitor
shall
observe
operation
of
the
program,
assist
the
program
with
advice
regarding
compliance
with
state
regulations,
and
report
periodically
to
the
department
on
the
operation
of
the
program.
93
Acts,
ch
139,
§1
;
2005
Acts,
ch
175,
§68
;
2023
Acts,
ch
19,
§90,
91
;
2024
Acts,
ch
1170,
§379
;
2024
Acts,
ch
1182,
§145
125.16
T
ransfer
of
license
or
change
of
location
prohibited.
A
license
issued
under
this
chapter
may
not
be
transferred,
and
the
location
of
the
physical
facilities
occupied
or
utilized
by
any
program
licensed
under
this
chapter
shall
not
be
changed
without
the
prior
written
consent
of
the
department.
[C75,
77,
§224B.17;
C79,
81,
§125.16
]
2005
Acts,
ch
175,
§69
;
2023
Acts,
ch
19,
§92
;
2024
Acts,
ch
1170,
§380
;
2024
Acts,
ch
1182,
§146
125.17
License
suspension
or
revocation.
V
iolation
of
any
of
the
requirements
or
restrictions
of
this
chapter
or
of
any
of
the
rules
adopted
pursuant
to
this
chapter
is
cause
for
suspension,
revocation,
or
refusal
to
renew
a
license.
The
director
shall
at
the
earliest
time
feasible
notify
a
licensee
whose
license
the
department
is
considering
suspending
or
revoking
and
shall
inform
the
licensee
what
changes
must
be
made
in
the
licensee’s
operation
to
avoid
such
action.
The
licensee
shall
be
given
a
reasonable
time
for
compliance,
as
determined
by
the
director
,
after
receiving
such
notice
or
a
notice
that
the
department
does
not
intend
to
renew
the
license.
When
the
licensee
believes
compliance
has
been
achieved,
or
if
the
licensee
considers
the
proposed
suspension,
revocation,
or
refusal
to
renew
unjustified,
the
licensee
may
submit
pertinent
information
to
the
department
and
the
department
shall
expeditiously
make
a
decision
in
the
matter
and
notify
the
licensee
of
the
decision.
[C75,
77,
§224B.18;
C79,
81,
§125.17
]
2005
Acts,
ch
175,
§70
;
2023
Acts,
ch
19,
§93
;
2024
Acts,
ch
1170,
§381
;
2024
Acts,
ch
1182,
§147
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

7
SUBST
ANCE
USE
DIS
ORDERS,
§125.25
125.18
Applications
—
approval
or
denial
—
disciplinar
y
actions.
The
department
may
deny
an
application
for
license,
or
may
place
on
probation,
suspend
or
revoke
a
license
of,
or
otherwise
discipline
a
licensee
if
the
department
finds
that
the
licensee
has
not
been
or
will
not
be
operated
in
compliance
with
this
chapter
and
the
rules
adopted
pursuant
to
this
chapter
,
or
that
there
is
insufficient
assurance
of
adequate
protection
for
the
public.
The
authorization
denial
or
period
of
probation,
suspension,
or
revocation,
or
other
disciplinary
action
shall
be
effected
and
may
be
appealed
as
provided
by
section
17A
.12
.
[C75,
77,
§224B.19;
C79,
81,
§125.18
]
86
Acts,
ch
1245,
§1131
;
2005
Acts,
ch
175,
§71
;
2023
Acts,
ch
19,
§94,
1879
;
2024
Acts,
ch
1170,
§382
;
2024
Acts,
ch
1182,
§148
125.19
Reissuance
or
reinstatement.
After
suspension,
revocation,
or
refusal
to
renew
a
license
pursuant
to
this
chapter
,
the
affected
licensee
shall
not
have
the
license
reissued
or
reinstated
within
one
year
of
the
effective
date
of
the
suspension,
revocation,
or
expiration
upon
refusal
to
renew
,
unless
the
department
orders
otherwise.
After
that
time,
proof
of
compliance
with
the
requirements
and
restrictions
of
this
chapter
and
the
rules
adopted
pursuant
to
this
chapter
must
be
presented
to
the
department
prior
to
reinstatement
or
reissuance
of
a
license.
[C75,
77,
§224B.20;
C79,
81,
§125.19
]
2005
Acts,
ch
175,
§72
;
2023
Acts,
ch
19,
§95
;
2024
Acts,
ch
1170,
§383
;
2024
Acts,
ch
1182,
§149
125.20
Rules.
The
department
shall
establish
rules
pursuant
to
chapter
17A
requiring
facilities
to
use
reasonable
accounting
and
reimbursement
systems
which
recognize
relevant
cost-related
factors
for
patients
with
a
substance
use
disorder
.
A
facility
shall
not
be
licensed
nor
shall
any
payment
be
made
under
this
chapter
to
a
facility
which
fails
to
comply
with
those
rules
or
which
does
not
permit
inspection
by
the
department
or
examination
of
all
records,
including
financial
records,
methods
of
administration,
general
and
special
dietary
programs,
the
disbursement
of
drugs
and
methods
of
supply
,
and
any
other
records
the
department
deems
relevant
to
the
establishment
of
such
a
system.
However
,
rules
issued
pursuant
to
this
section
shall
not
apply
to
any
facility
referred
to
in
section
125.13,
subsection
2
,
or
section
125.43
.*
[C77,
§125.13(8);
C79,
81,
§125.20
]
86
Acts,
ch
1245,
§1132
;
2023
Acts,
ch
19,
§96
;
2024
Acts,
ch
1043,
§49
*
Section
125.43
repealed
by
2024
Acts,
ch
1161,
§135
;
corrective
legislation
is
pending
125.21
Chemical
substitutes
and
antagonists
programs.
1.
The
department
has
exclusive
power
in
this
state
to
approve
and
license
chemical
substitutes
and
antagonists
programs,
and
to
monitor
chemical
substitutes
and
antagonists
programs
to
ensure
that
the
programs
are
operating
within
the
rules
adopted
pursuant
to
this
chapter
.
The
department
shall
grant
approval
and
license
if
the
requirements
of
the
rules
are
met
and
state
funding
is
not
requested.
The
chemical
substitutes
and
antagonists
programs
conducted
by
persons
exempt
from
the
licensing
requirements
of
this
chapter
pursuant
to
section
125.13,
subsection
2
,
are
subject
to
approval
and
licensure
under
this
section
.
2.
The
department
may
do
any
of
the
following:
a.
P
rovide
advice,
consultation,
and
technical
assistance
to
chemical
substitutes
and
antagonists
programs.
b.
Approve
local
agencies
or
bodies
to
assist
the
department
in
carrying
out
the
provisions
of
this
chapter
.
[C75,
77,
§224B.21;
C79,
81,
§125.21
;
81
Acts,
ch
58,
§9
]
87
Acts,
ch
32,
§1
;
97
Acts,
ch
203,
§12
;
2005
Acts,
ch
175,
§73
;
2023
Acts,
ch
19,
§97
;
2024
Acts,
ch
1170,
§384
;
2024
Acts,
ch
1182,
§150
125.22
through
125.24
Reserved.
125.25
Approval
of
facility
budget.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

§125.26,
SUBST
ANCE
USE
DIS
ORDERS
8
125.26
through
125.31
Reserved.
125.32
Acceptance
for
treatment
—
r
ules.
The
department
shall
adopt
and
may
amend
and
repeal
rules
for
acceptance
of
persons
into
the
treatment
program,
subject
to
chapter
17A
,
considering
available
treatment
resources
and
facilities,
for
the
purpose
of
early
and
effective
treatment
of
persons
with
a
substance
use
disorder
and
concerned
family
members.
In
establishing
the
rules
the
department
shall
be
guided
by
the
following
standards:
1.
If
possible
a
patient
shall
be
treated
on
a
voluntary
rather
than
an
involuntary
basis.
2.
A
patient
shall
be
initially
assigned
or
transferred
to
outpatient
treatment,
unless
the
patient
is
found
to
require
inpatient,
residential,
or
halfway
house
treatment.
3.
A
person
shall
not
be
denied
treatment
solely
because
the
person
has
withdrawn
from
treatment
against
medical
advice
on
a
prior
occasion
or
because
the
person
has
relapsed
after
earlier
treatment.
4.
An
individualized
treatment
plan
shall
be
prepared
and
maintained
on
a
current
basis
for
each
patient
after
the
assessment
process.
5.
P
rovision
shall
be
made
for
a
continuum
of
coordinated
treatment
services,
so
that
a
person
who
leaves
a
facility
or
a
form
of
treatment
will
have
available
and
may
utilize
other
appropriate
treatment.
[C75,
77,
§125.15;
C79,
81,
§125.32
]
86
Acts,
ch
1001,
§6
;
86
Acts,
ch
1245,
§1134
;
90
Acts,
ch
1085,
§8
;
2011
Acts,
ch
121,
§35,
62
;
2023
Acts,
ch
19,
§99
125.32A
Discrimination
prohibited.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.33
V
oluntar
y
treatment
of
persons
with
a
substance
use
disorder
.
1.
A
person
with
a
substance
use
disorder
may
apply
for
voluntary
treatment
or
rehabilitation
services
directly
to
a
facility
or
to
a
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
to
a
mental
health
professional.
If
the
proposed
patient
is
a
minor
or
an
incompetent
person,
a
parent,
a
legal
guardian,
or
other
legal
representative
may
make
the
application.
The
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
any
employee
or
person
acting
under
the
direction
or
supervision
of
the
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
facility
shall
not
report
or
disclose
the
name
of
the
person
or
the
fact
that
treatment
was
requested
or
has
been
undertaken
to
any
law
enforcement
officer
or
law
enforcement
agency;
nor
shall
such
information
be
admissible
as
evidence
in
any
court,
grand
jury
,
or
administrative
proceeding
unless
authorized
by
the
person
seeking
treatment.
If
the
person
seeking
such
treatment
or
rehabilitation
is
a
minor
who
has
personally
made
application
for
treatment,
the
fact
that
the
minor
sought
treatment
or
rehabilitation
or
is
receiving
treatment
or
rehabilitation
services
shall
not
be
reported
or
disclosed
to
the
parents
or
legal
guardian
of
such
minor
without
the
minor
’s
consent,
and
the
minor
may
give
legal
consent
to
receive
such
treatment
and
rehabilitation.
2.
Subject
to
rules
adopted
by
the
department,
the
administrator
or
the
administrator
’s
designee
in
charge
of
a
facility
may
determine
who
shall
be
admitted
for
treatment
or
rehabilitation.
If
a
person
is
refused
admission,
the
administrator
or
the
administrator
’s
designee,
subject
to
rules
adopted
by
the
department,
shall
refer
the
person
to
another
facility
for
treatment
if
possible
and
appropriate.
3.
A
person
with
a
substance
use
disorder
seeking
treatment
or
rehabilitation
and
who
is
either
addicted
to
or
dependent
on
a
chemical
substance
may
first
be
examined
and
evaluated
by
a
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
a
mental
health
professional
who
may
prescribe,
if
authorized
or
licensed
to
do
so
,
a
proper
course
of
treatment
and
medication,
if
needed.
The
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
may
further
prescribe
a
course
of
treatment
or
rehabilitation
and
authorize
another
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
facility
to
provide
the
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

9
SUBST
ANCE
USE
DIS
ORDERS,
§125.42
prescribed
treatment
or
rehabilitation
services.
T
reatment
or
rehabilitation
services
may
be
provided
to
a
person
individually
or
in
a
group.
A
facility
providing
or
engaging
in
treatment
or
rehabilitation
shall
not
report
or
disclose
to
a
law
enforcement
officer
or
law
enforcement
agency
the
name
of
any
person
receiving
or
engaged
in
the
treatment
or
rehabilitation;
nor
shall
a
person
receiving
or
participating
in
treatment
or
rehabilitation
report
or
disclose
the
name
of
any
other
person
engaged
in
or
receiving
treatment
or
rehabilitation
or
that
the
program
is
in
existence,
to
a
law
enforcement
officer
or
law
enforcement
agency
.
Such
information
shall
not
be
admitted
in
evidence
in
any
court,
grand
jury
,
or
administrative
proceeding.
However
,
a
person
engaged
in
or
receiving
treatment
or
rehabilitation
may
authorize
the
disclosure
of
the
person
’s
name
and
individual
participation.
4.
If
a
patient
receiving
inpatient
or
residential
care
leaves
a
facility
,
the
patient
shall
be
encouraged
to
consent
to
appropriate
outpatient
or
halfway
house
treatment.
If
it
appears
to
the
administrator
in
charge
of
the
facility
that
the
patient
is
a
person
with
a
substance
use
disorder
who
requires
help,
the
director
may
arrange
for
assistance
in
obtaining
supportive
services.
5.
If
a
patient
leaves
a
facility
,
with
or
against
the
advice
of
the
administrator
in
charge
of
the
facility
,
the
director
may
make
reasonable
provisions
for
the
patient’s
transportation
to
another
facility
or
to
the
patient’s
home.
If
the
patient
has
no
home,
the
patient
shall
be
assisted
in
obtaining
shelter
.
If
the
patient
is
a
minor
or
an
incompetent
person,
the
request
for
discharge
from
an
inpatient
facility
shall
be
made
by
a
parent,
legal
guardian,
or
other
legal
representative,
or
by
the
minor
or
incompetent
person
if
the
patient
was
the
original
applicant.
6.
Any
person
who
reports
or
discloses
the
name
of
a
person
receiving
treatment
or
rehabilitation
services
to
a
law
enforcement
officer
or
law
enforcement
agency
or
any
person
receiving
treatment
or
rehabilitation
services
who
discloses
the
name
of
any
other
person
receiving
treatment
or
rehabilitation
services
without
the
written
consent
of
the
person
in
violation
of
the
provisions
of
this
section
shall
upon
conviction
be
guilty
of
a
simple
misdemeanor
.
[C71,
73,
§224A
.2,
224A
.3;
C75,
77,
§125.16,
224A
.2,
224A
.3;
C79,
81,
§125.33
]
86
Acts,
ch
1001,
§7
;
86
Acts,
ch
1245,
§1135
;
90
Acts,
ch
1085,
§9
;
2011
Acts,
ch
121,
§36,
62
;
2017
Acts,
ch
34,
§3
;
2021
Acts,
ch
76,
§27
;
2023
Acts,
ch
19,
§101
;
2024
Acts,
ch
1043,
§50
Referred
to
in
§321J.3
,
331.910
125.34
T
reatment
and
ser
vices
for
persons
with
a
substance
use
disorder
due
to
into
xication
and
substance-induced
incapacitation.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.35
and
125.36
Reserved.
125.37
Records
confidential.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.38
Rights
and
privileges
of
patients.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.39
Eligible
entities.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.40
Criminal
laws
limitations.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.41
Judicial
review
.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.42
Appeals.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

§125.43,
SUBST
ANCE
USE
DIS
ORDERS
10
125.43
F
unding
at
mental
health
institutes.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.43A
P
rescreening
—
e
x
ception.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
See
Code
editor
’s
note
on
simple
harmonization
at
the
beginning
of
this
Code
volume
125.44
Agreements
with
facilities
—
liability
for
costs.
1.
The
director
may
,
consistent
with
the
comprehensive
substance
use
disorder
program,
enter
into
written
agreements
with
a
facility
as
defined
in
section
125.2
to
pay
for
one
hundred
percent
of
the
cost
of
the
care,
maintenance,
and
treatment
of
persons
with
a
substance
use
disorder
,
except
when
section
125.43A
*
applies.
All
payments
for
state
patients
shall
be
made
in
accordance
with
the
limitations
of
this
section
.
Such
contracts
shall
be
for
a
period
of
no
more
than
one
year
.
2.
The
contract
may
be
in
the
form
and
contain
provisions
as
agreed
upon
by
the
parties.
The
contract
shall
provide
that
the
facility
shall
admit
and
treat
persons
with
a
substance
use
disorder
regardless
of
where
they
have
residence.
If
one
payment
for
care,
maintenance,
and
treatment
is
not
made
by
the
patient
or
those
legally
liable
for
the
patient,
the
payment
shall
be
made
by
the
department
directly
to
the
facility
.
P
ayments
shall
be
made
each
month
and
shall
be
based
upon
the
rate
of
payment
for
services
negotiated
between
the
department
and
the
contracting
facility
.
If
a
facility
projects
a
temporary
cash
flow
deficit,
the
department
may
make
cash
advances
at
the
beginning
of
each
fiscal
year
to
the
facility
.
The
repayment
schedule
for
advances
shall
be
part
of
the
contract
between
the
department
and
the
facility
.
This
section
does
not
pertain
to
patients
treated
at
the
mental
health
institutes.
3.
If
the
appropriation
to
the
department
is
insufficient
to
meet
the
requirements
of
this
section
,
the
department
shall
request
a
transfer
of
funds
and
section
8.39
shall
apply
.
4.
The
person
with
a
substance
use
disorder
is
legally
liable
to
the
facility
for
the
total
amount
of
the
cost
of
providing
care,
maintenance,
and
treatment
for
the
person
with
a
substance
use
disorder
while
a
voluntary
or
committed
patient
in
a
facility
.
This
section
does
not
prohibit
any
individual
from
paying
any
portion
of
the
cost
of
treatment.
5.
The
department
is
liable
for
the
cost
of
care,
treatment,
and
maintenance
of
persons
with
a
substance
use
disorder
admitted
to
the
facility
voluntarily
or
pursuant
to
section
125.75
,
125.81
,
or
125.91
or
section
321J.3
or
124.409
only
to
those
facilities
that
have
a
contract
with
the
department
under
this
section
,
only
for
the
amount
computed
according
to
and
within
the
limits
of
liability
prescribed
by
this
section
,
and
only
when
the
person
with
a
substance
use
disorder
is
unable
to
pay
the
costs
and
there
is
no
other
person,
firm,
corporation,
or
insurance
company
bound
to
pay
the
costs.
6.
The
department’s
maximum
liability
for
the
costs
of
care,
treatment,
and
maintenance
of
persons
with
a
substance
use
disorder
in
a
contracting
facility
is
limited
to
the
total
amount
agreed
upon
by
the
parties
and
specified
in
the
contract
under
this
section
.
[C71,
73,
§123B.4,
123B.8;
C75,
77,
§125.27,
125.31;
C79,
§125.44,
125.48;
C81,
§125.44
;
82
Acts,
ch
1212,
§25
]
86
Acts,
ch
1001,
§12,
13
;
86
Acts,
ch
1220,
§25
;
86
Acts,
ch
1245,
§1137
;
89
Acts,
ch
243,
§4,
5
;
90
Acts,
ch
1085,
§11
;
2011
Acts,
ch
121,
§40,
62
;
2023
Acts,
ch
19,
§107
Referred
to
in
§125.13
,
321J.3
,
462A
.14
*Section
125.43A
repealed
by
2024
Acts,
ch
1161,
§135
;
corrective
legislation
is
pending
125.45
Reserved.
125.46
County
of
residence
determined.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.47
Reserved.
125.48
List
of
contracting
facilities.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.49
through
125.53
Reserved.
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

11
SUBST
ANCE
USE
DIS
ORDERS,
§125.75
125.54
Use
of
funds.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.55
Audits.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.56
and
125.57
Reserved.
125.58
Inspection
—
penalties.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.59
T
ransfer
of
certain
revenue
—
county
program
funding.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.60
Grant
formula.
Repealed
by
2024
Acts,
ch
1161,
§135,
137
.
2024
repeal
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
125.61
through
125.73
Reserved.
SUBCHAPTER
IV
INV
OL
UNT
AR
Y
COMMITMENT
OR
TREA
TMENT
FOR
SUBST
ANCE
USE
DISORDERS
125.74
P
reapplication
screening
assessment
—
program.
P
rior
to
filing
an
application
pursuant
to
section
125.75
,
the
clerk
of
the
district
court
or
the
clerk’s
designee
shall
inform
the
interested
person
referred
to
in
section
125.75
about
the
option
of
requesting
a
preapplication
screening
assessment
through
a
preapplication
screening
assessment
program,
if
available.
The
state
court
administrator
shall
prescribe
practices
and
procedures
for
implementation
of
the
preapplication
screening
assessment
program.
2013
Acts,
ch
130,
§36
Referred
to
in
§125.75
,
602.1209
125.75
Application.
1.
a.
P
roceedings
for
the
involuntary
commitment
or
treatment
of
a
person
with
a
substance
use
disorder
to
a
facility
pursuant
to
this
chapter
or
for
the
involuntary
hospitalization
of
a
person
pursuant
to
chapter
229
may
be
commenced
by
any
interested
person
by
filing
a
verified
application
with
the
clerk
of
a
district
court.
b.
If
the
verified
application
was
filed
in
a
district
court
of
a
county
where
the
respondent
is
not
located
and
does
not
reside,
the
court
shall
transfer
jurisdiction
of
the
case
to
the
district
court
of
the
county
where
the
respondent
is
presently
located
or
which
is
the
respondent’s
place
of
residence.
c.
The
clerk,
or
the
clerk’s
designee,
shall
assist
an
applicant
in
completing
the
verified
application.
2.
The
application
shall:
a.
State
the
applicant’s
belief
that
the
respondent
is
a
person
who
presents
a
danger
to
self
or
others
and
lacks
judgmental
capacity
due
to
either
of
the
following:
(1)
A
substance
use
disorder
as
defined
in
section
125.2
.
(2)
A
serious
mental
impairment
as
defined
in
section
229.1
.
b.
State
facts
in
support
of
each
belief
described
in
paragraph
“a”
.
c.
Be
accompanied
by
one
or
more
of
the
following:
(1)
A
written
statement
of
a
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
in
support
of
the
application.
(2)
One
or
more
supporting
affidavits
corroborating
the
application.
(3)
Corroborative
information
obtained
and
reduced
to
writing
by
the
clerk
or
the
clerk’s
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

§125.75,
SUBST
ANCE
USE
DIS
ORDERS
12
designee,
but
only
when
circumstances
make
it
infeasible
to
obtain,
or
when
the
clerk
considers
it
appropriate
to
supplement,
the
information
under
either
subparagraph
(1)
or
(2).
3.
P
rior
to
the
filing
of
an
application
pursuant
to
this
section
,
the
clerk
or
the
clerk’s
designee
shall
inform
the
interested
person
referred
to
in
subsection
1
about
the
option
of
requesting
a
preapplication
screening
assessment
pursuant
to
section
125.74
.
4.
The
supreme
court
shall
prescribe
rules
and
establish
forms
as
necessary
to
carry
out
the
provisions
of
this
section
.
[C75,
77,
§125.19(1,
2);
C79,
81,
§229.51
;
82
Acts,
ch
1212,
§3
]
90
Acts,
ch
1085,
§13
;
2011
Acts,
ch
121,
§42,
43,
62
;
2013
Acts,
ch
130,
§37
;
2017
Acts,
ch
34,
§5
;
2018
Acts,
ch
1026,
§41
;
2023
Acts,
ch
19,
§113,
114
;
2025
Acts,
ch
95,
§1
Referred
to
in
§125.2
,
125.44
,
125.74
,
125.75A
,
125.77
,
125.78
,
125.79
,
125.85
,
125.91
,
229.21
,
331.910
Summary
of
involuntary
commitment
procedures
available
from
clerk;
see
§229.45
Subsection
1
amended
125.75A
Involuntar
y
proceedings
—
minors
—
jurisdiction.
The
juvenile
court
has
exclusive
original
jurisdiction
in
proceedings
concerning
a
minor
for
whom
an
application
is
filed
under
section
125.75
.
In
proceedings
under
this
subchapter
concerning
a
minor
’s
involuntary
commitment
or
treatment,
the
term
“court”
,
“judge”
,
or
“clerk”
means
the
juvenile
court,
judge,
or
clerk.
89
Acts,
ch
283,
§1
;
92
Acts,
ch
1124,
§1
;
2013
Acts,
ch
130,
§38
;
2017
Acts,
ch
54,
§76
Referred
to
in
§229.21
125.75B
Dual
filings.
Repealed
by
2013
Acts,
ch
130,
§55
.
125.76
Appointment
of
counsel
for
applicant.
The
applicant,
if
not
the
county
attorney
,
may
apply
for
the
appointment
of
counsel
if
financially
unable
to
employ
an
attorney
to
assist
the
applicant
in
presenting
evidence
in
support
of
the
application
for
commitment.
If
the
applicant
applies
for
the
appointment
of
counsel,
the
application
shall
include
the
submission
of
a
financial
statement
as
required
under
section
815.9
.
[C75,
77,
§125.19(10);
C79,
81,
§229.52(6)
;
82
Acts,
ch
1212,
§4
]
83
Acts,
ch
101,
§15
;
83
Acts,
ch
186,
§10044,
10201
Referred
to
in
§229.21
125.77
Ser
vice
of
notice.
Upon
the
filing
of
an
application
pursuant
to
section
125.75
,
the
clerk
shall
docket
the
case
and
immediately
notify
a
magistrate
who
is
admitted
to
the
practice
of
law
in
this
state,
who
shall
review
the
application
and
accompanying
documentation.
The
clerk
shall
send
copies
of
the
application
and
supporting
documentation,
together
with
the
notice
informing
the
respondent
of
the
procedures
required
by
this
subchapter
,
to
the
sheriff,
for
immediate
service
upon
the
respondent.
If
the
respondent
is
taken
into
custody
under
section
125.81
,
service
of
the
application,
documentation,
and
notice
upon
the
respondent
shall
be
made
at
the
time
the
respondent
is
taken
into
custody
.
[C75,
77,
§125.19(2);
C79,
81,
§229.51(3)
;
82
Acts,
ch
1212,
§5
]
91
Acts,
ch
108,
§1
;
2013
Acts,
ch
130,
§39
;
2017
Acts,
ch
54,
§76
;
2023
Acts,
ch
66,
§37
Referred
to
in
§125.84
,
125.85
,
229.21
,
229.45
125.78
P
rocedure
after
application.
As
soon
as
practical
after
the
filing
of
an
application
pursuant
to
section
125.75
,
the
court
shall:
1.
Determine
whether
the
respondent
has
an
attorney
who
is
able
and
willing
to
represent
the
respondent
in
the
commitment
proceeding,
and
if
not,
whether
the
respondent
is
financially
able
to
employ
an
attorney
and
capable
of
meaningfully
assisting
in
selecting
an
attorney
.
In
accordance
with
those
determinations,
the
court
shall
allow
the
respondent
to
select
an
attorney
or
shall
assign
an
attorney
to
the
respondent.
If
the
respondent
is
financially
unable
to
pay
an
attorney
,
the
county
shall
compensate
the
attorney
at
an
hourly
rate
to
be
established
by
the
county
board
of
supervisors
in
substantially
the
same
manner
as
provided
in
section
815.7
.
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

13
SUBST
ANCE
USE
DIS
ORDERS,
§125.80
2.
If
the
application
includes
a
request
for
a
court-appointed
attorney
for
the
applicant
and
the
court
is
satisfied
that
a
court-appointed
attorney
is
necessary
to
assist
the
applicant
in
a
meaningful
presentation
of
the
evidence,
and
that
the
applicant
is
financially
unable
to
employ
an
attorney
,
the
court
shall
appoint
an
attorney
to
represent
the
applicant
and
the
county
shall
compensate
the
attorney
at
an
hourly
rate
to
be
established
by
the
county
board
of
supervisors
in
substantially
the
same
manner
as
provided
in
section
815.7
.
3.
Issue
a
written
order
:
a.
Scheduling
a
tentative
time
and
place
for
a
hearing,
subject
to
the
findings
of
the
report
required
under
section
125.80,
subsections
3
and
4
,
but
not
less
than
forty
-eight
hours
after
notice
to
the
respondent,
unless
the
respondent
waives
the
forty
-eight-hour
notice
requirement.
b.
Requiring
an
examination
of
the
respondent,
prior
to
the
hearing,
by
one
or
more
licensed
physicians
and
surgeons
or
osteopathic
physicians
and
surgeons
or
mental
health
professionals
who
shall
submit
a
written
report
of
the
examination
to
the
court
as
required
by
section
125.80
.
[C75,
77,
§125.19(1,
2);
C79,
81,
§229.51(2,
3)
,
229.52(6)
;
82
Acts,
ch
1212,
§6
]
84
Acts,
ch
1219,
§5
;
99
Acts,
ch
135,
§14
;
2013
Acts,
ch
130,
§40
;
2017
Acts,
ch
34,
§6
;
2018
Acts,
ch
1026,
§42
Referred
to
in
§125.79
,
125.85
,
229.21
125.79
Respondent’s
attorney
informed.
The
court
shall
direct
the
clerk
to
furnish
at
once
to
the
respondent’s
attorney
,
copies
of
the
application
pursuant
to
section
125.75
and
the
supporting
documentation,
and
of
the
court’s
order
issued
pursuant
to
section
125.78,
subsection
3
.
If
the
respondent
is
taken
into
custody
under
section
125.81
,
the
attorney
shall
also
be
advised
of
that
fact.
The
respondent’s
attorney
shall
represent
the
respondent
at
all
stages
of
the
proceedings
and
shall
attend
the
commitment
hearing.
[
82
Acts,
ch
1212,
§7
]
2013
Acts,
ch
130,
§41
Referred
to
in
§125.85
,
229.21
125.80
Physician
’s
or
mental
health
professional’s
e
xamination
—
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
and
surgeons
or
osteopathic
physicians
and
surgeons
or
mental
health
professionals
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
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
of
the
respondent’s
own
choice.
The
court
shall
notify
the
respondent
of
the
right
to
choose
a
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
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
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
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
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
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
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional.
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

§125.80,
SUBST
ANCE
USE
DIS
ORDERS
14
2.
A
written
report
of
the
examination
by
a
court-designated
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
shall
be
filed
with
the
clerk
prior
to
the
hearing
date.
A
written
report
of
an
examination
by
a
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
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
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional.
3.
If
the
report
of
a
court-designated
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
is
to
the
effect
that
the
respondent
is
not
a
person
with
a
substance
use
disorder
,
the
court,
without
taking
further
action,
shall
terminate
the
proceeding
and
dismiss
the
application
on
its
own
motion
and
without
notice.
4.
If
the
report
of
a
court-designated
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
is
to
the
effect
that
the
respondent
is
a
person
with
a
substance
use
disorder
,
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.
[C75,
77,
§125.19(1
–
4);
C79,
81,
§229.51
,
229.52(1,
2)
;
82
Acts,
ch
1212,
§8
]
90
Acts,
ch
1085,
§14
;
2009
Acts,
ch
41,
§263
;
2011
Acts,
ch
121,
§44,
62
;
2017
Acts,
ch
34,
§7
;
2018
Acts,
ch
1026,
§43
;
2018
Acts,
ch
1056,
§1
;
2023
Acts,
ch
19,
§115
Referred
to
in
§125.78
,
125.84
,
125.85
,
229.21
125.81
Immediate
custody
.
1.
If
a
person
filing
an
application
requests
that
a
respondent
be
taken
into
immediate
custody
,
and
the
court
upon
reviewing
the
application
and
accompanying
documentation,
finds
probable
cause
to
believe
that
the
respondent
is
a
person
with
a
substance
use
disorder
who
is
likely
to
injure
the
person
or
other
persons
if
allowed
to
remain
at
liberty
,
the
court
may
enter
a
written
order
directing
that
the
respondent
be
taken
into
immediate
custody
by
the
sheriff,
and
be
detained
until
the
commitment
hearing,
which
shall
be
held
no
more
than
five
days
after
the
date
of
the
order
,
except
that
if
the
fifth
day
after
the
date
of
the
order
is
a
Saturday
,
Sunday
,
or
a
holiday
,
the
hearing
may
be
held
on
the
next
business
day
.
The
court
may
order
the
respondent
detained
for
the
period
of
time
until
the
hearing
is
held,
and
no
longer
except
as
provided
in
section
125.88
,
in
accordance
with
subsection
2
,
paragraph
“a”
,
if
possible,
and
if
not,
then
in
accordance
with
subsection
2
,
paragraph
“b”
,
or
,
only
if
neither
of
these
alternatives
is
available
in
accordance
with
subsection
2
,
paragraph
“c”
.
2.
Detention
may
be:
a.
In
the
custody
of
a
relative,
friend,
or
other
suitable
person
who
is
willing
and
able
to
accept
responsibility
for
supervision
of
the
respondent,
with
reasonable
restrictions
as
the
court
may
order
including
but
not
limited
to
restrictions
on
or
a
prohibition
of
any
expenditure,
encumbrance,
or
disposition
of
the
respondent’s
funds
or
property
.
b.
In
a
suitable
hospital,
the
chief
medical
officer
of
which
shall
be
informed
of
the
reasons
why
immediate
custody
has
been
ordered.
The
hospital
may
provide
treatment
which
is
necessary
to
preserve
the
respondent’s
life,
or
to
appropriately
control
the
respondent’s
behavior
which
is
likely
to
result
in
physical
injury
to
the
person
or
to
others
if
allowed
to
continue,
and
other
treatment
as
deemed
appropriate
by
the
chief
medical
officer
.
c.
In
the
nearest
facility
which
is
licensed
to
care
for
persons
with
mental
illness
or
substance
use
disorder
,
provided
that
detention
in
a
jail
or
other
facility
intended
for
confinement
of
those
accused
or
convicted
of
a
crime
shall
not
be
ordered.
3.
A
respondent
shall
be
released
from
detention
prior
to
the
commitment
hearing
if
a
licensed
physician
or
mental
health
professional
examines
the
respondent
and
determines
the
respondent
no
longer
meets
the
criteria
for
detention
under
subsection
1
and
provides
notification
to
the
court.
4.
The
respondent’s
attorney
may
be
allowed
by
the
court
to
present
evidence
and
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

15
SUBST
ANCE
USE
DIS
ORDERS,
§125.82
arguments
before
the
court’s
determination
under
this
section
.
If
such
an
opportunity
is
not
provided
at
that
time,
respondent’s
attorney
shall
be
allowed
to
present
evidence
and
arguments
after
the
issuance
of
the
court’s
order
of
confinement
and
while
the
respondent
is
confined.
[
82
Acts,
ch
1212,
§9
]
90
Acts,
ch
1085,
§15
;
91
Acts,
ch
108,
§2
;
92
Acts,
ch
1072,
§1
;
92
Acts,
ch
1165,
§1
;
2009
Acts,
ch
41,
§187
;
2011
Acts,
ch
121,
§45,
62
;
2018
Acts,
ch
1056,
§2
;
2023
Acts,
ch
19,
§116,
117
Referred
to
in
§125.44
,
125.77
,
125.79
,
125.80
,
125.82
,
125.84
,
125.87
,
125.88
,
125.91
,
125.92
,
229.21
125.82
Commitment
hearing.
1.
At
a
commitment
hearing,
evidence
in
support
of
the
contentions
made
in
the
application
may
be
presented
by
the
applicant,
or
by
an
attorney
for
the
applicant,
or
by
the
county
attorney
.
During
the
hearing,
the
applicant
and
the
respondent
shall
be
afforded
an
opportunity
to
testify
and
to
present
and
cross-examine
witnesses,
and
the
court
may
receive
the
testimony
of
other
interested
persons.
If
the
respondent
is
present
at
the
hearing,
as
provided
in
subsection
3
,
and
has
been
medicated
within
twelve
hours,
or
a
longer
period
of
time
as
the
court
may
designate,
prior
to
the
beginning
of
the
hearing
or
a
session
of
the
hearing,
the
court
shall
be
informed
of
that
fact
and
of
the
probable
effects
of
the
medication
upon
convening
of
the
hearing.
2.
A
person
not
necessary
for
the
conduct
of
the
hearing
shall
be
excluded,
except
that
the
court
may
admit
a
person
having
a
legitimate
interest
in
the
hearing.
Upon
motion
of
the
applicant,
the
court
may
exclude
the
respondent
from
the
hearing
during
the
testimony
of
a
witness
if
the
court
determines
that
the
witness’
testimony
is
likely
to
cause
the
respondent
severe
emotional
trauma.
3.
The
person
who
filed
the
application
and
a
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor
certified
by
the
nongovernmental
Iowa
board
of
certification
who
has
examined
the
respondent
in
connection
with
the
commitment
hearing
shall
be
present
at
the
hearing,
unless
the
court
for
good
cause
finds
that
their
presence
or
testimony
is
not
necessary
.
The
applicant,
respondent,
and
the
respondent’s
attorney
may
waive
the
presence,
televised
appearance,
or
telephonic
appearance
of
the
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor
who
examined
the
respondent
and
agree
to
submit
as
evidence
the
written
report
of
the
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor
.
The
respondent’s
attorney
shall
inform
the
court
if
the
respondent’s
attorney
reasonably
believes
that
the
respondent,
due
to
diminished
capacity
,
cannot
make
an
adequately
considered
waiver
decision.
“Good
cause”
for
finding
that
the
testimony
of
the
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor
who
examined
the
respondent
is
not
necessary
may
include
but
is
not
limited
to
such
a
waiver
.
If
the
court
determines
that
the
testimony
of
the
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor
is
necessary
,
the
court
may
allow
the
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor
to
testify
by
telephone
or
televised
means.
The
respondent
shall
be
present
at
the
hearing
unless
prior
to
the
hearing
the
respondent’s
attorney
stipulates
in
writing
that
the
attorney
has
conversed
with
the
respondent,
and
that
in
the
attorney
’s
judgment
the
respondent
cannot
make
a
meaningful
contribution
to
the
hearing,
or
that
the
respondent
has
waived
the
right
to
be
present,
and
the
basis
for
the
attorney
’s
conclusions.
A
stipulation
to
the
respondent’s
absence
shall
be
reviewed
by
the
court
before
the
hearing,
and
may
be
rejected
if
it
appears
that
insufficient
grounds
are
stated
or
that
the
respondent’s
interests
would
not
be
served
by
the
respondent’s
absence.
4.
The
respondent’s
welfare
is
paramount,
and
the
hearing
shall
be
tried
as
a
civil
matter
and
conducted
in
as
informal
a
manner
as
is
consistent
with
orderly
procedure.
The
hearing
may
be
held
by
video
or
telephone
conference
at
the
discretion
of
the
court.
Discovery
as
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

§125.82,
SUBST
ANCE
USE
DIS
ORDERS
16
permitted
under
the
Iowa
rules
of
civil
procedure
is
available
to
the
respondent.
The
court
shall
receive
all
relevant
and
material
evidence,
but
the
court
is
not
bound
by
the
rules
of
evidence.
A
presumption
in
favor
of
the
respondent
exists,
and
the
burden
of
evidence
and
support
of
the
contentions
made
in
the
application
shall
be
upon
the
person
who
filed
the
application.
If
upon
completion
of
the
hearing
the
court
finds
that
the
contention
that
the
respondent
is
a
person
with
a
substance
use
disorder
has
not
been
sustained
by
clear
and
convincing
evidence,
the
court
shall
deny
the
application
and
terminate
the
proceeding.
5.
If
the
respondent
is
not
taken
into
custody
under
section
125.81
,
but
the
court
finds
good
cause
to
believe
that
the
respondent
is
about
to
depart
from
the
jurisdiction
of
the
court,
the
court
may
order
limited
detention
of
the
respondent
as
authorized
in
section
125.81
,
as
is
necessary
to
ensure
that
the
respondent
will
not
depart
from
the
jurisdiction
of
the
court
without
the
court’s
approval
until
the
proceeding
relative
to
the
respondent
has
been
concluded.
[C75,
77,
§125.19(3-7,
10,
13);
C79,
81,
§229.52(1)
;
82
Acts,
ch
1212,
§10
]
90
Acts,
ch
1085,
§16
;
91
Acts,
ch
108,
§3
;
2006
Acts,
ch
1115,
§1
;
2006
Acts,
ch
1116,
§1
;
2006
Acts,
ch
1159,
§30
;
2011
Acts,
ch
121,
§46,
62
;
2017
Acts,
ch
34,
§8
;
2018
Acts,
ch
1026,
§44
;
2018
Acts,
ch
1056,
§3
;
2023
Acts,
ch
19,
§118
;
2023
Acts,
ch
139,
§1,
2
Referred
to
in
§125.84
,
229.21
,
602.8103
125.83
Placement
for
evaluation.
If
upon
completion
of
the
commitment
hearing,
the
court
finds
that
the
contention
that
the
respondent
is
a
person
with
a
substance
use
disorder
has
been
sustained
by
clear
and
convincing
evidence,
the
court
shall
order
the
respondent
placed
at
a
facility
or
under
the
care
of
a
suitable
facility
on
an
outpatient
basis
as
expeditiously
as
possible
for
a
complete
evaluation
and
appropriate
treatment.
Any
peace
officer
shall
have
the
authority
to
take
the
respondent
into
custody
in
any
county
in
which
the
respondent
is
found
for
placement
at
a
facility
or
under
the
care
of
a
suitable
facility
in
accordance
with
an
order
entered
pursuant
to
this
section
.
The
court
shall
furnish
to
the
facility
at
the
time
of
admission
or
outpatient
placement,
a
written
statement
of
facts
setting
forth
the
evidence
on
which
the
finding
is
based.
The
administrator
of
the
facility
shall
report
to
the
court
no
more
than
fifteen
days
after
the
individual
is
admitted
to
or
placed
under
the
care
of
the
facility
,
which
shall
include
the
chief
medical
officer
’s
recommendation
concerning
treatment
of
a
substance
use
disorder
.
An
extension
of
time
may
be
granted
for
a
period
not
to
exceed
seven
days
upon
a
showing
of
good
cause.
A
copy
of
the
report
shall
be
sent
to
the
respondent’s
attorney
who
may
contest
the
need
for
an
extension
of
time
if
one
is
requested.
If
the
request
is
contested,
the
court
shall
make
an
inquiry
as
it
deems
appropriate
and
may
either
order
the
respondent
released
from
the
facility
or
grant
an
extension
of
time
for
further
evaluation.
If
the
administrator
fails
to
report
to
the
court
within
fifteen
days
after
the
individual
is
admitted
to
the
facility
,
and
no
extension
of
time
has
been
requested,
the
administrator
is
guilty
of
contempt
and
shall
be
punished
under
chapter
665
.
The
court
shall
order
a
rehearing
on
the
application
to
determine
whether
the
respondent
should
continue
to
be
held
at
the
facility
.
[C75,
77,
§125.19(4);
C79,
81,
§229.52(2)
;
82
Acts,
ch
1212,
§11
]
90
Acts,
ch
1020,
§1
;
90
Acts,
ch
1085,
§17
;
2011
Acts,
ch
121,
§47,
62
;
2012
Acts,
ch
1021,
§43
;
2023
Acts,
ch
19,
§119
;
2025
Acts,
ch
95,
§2
Referred
to
in
§125.84
,
125.85
,
125.87
,
125.88
,
125.89
,
229.21
Section
amended
125.83A
Placement
in
certain
federal
facilities.
1.
If
upon
completion
of
the
commitment
hearing,
the
court
finds
that
the
contention
that
the
respondent
is
a
person
with
a
substance
use
disorder
has
been
sustained
by
clear
and
convincing
evidence,
and
the
court
is
furnished
evidence
that
the
respondent
is
eligible
for
care
and
treatment
in
a
facility
operated
by
the
United
States
department
of
veterans
affairs
or
another
agency
of
the
United
States
government
and
that
the
facility
is
willing
to
receive
the
respondent,
the
court
may
so
order
.
The
respondent,
when
so
placed
in
a
facility
operated
by
the
United
States
department
of
veterans
affairs
or
another
agency
of
the
United
States
government
within
or
outside
of
this
state,
shall
be
subject
to
the
rules
of
the
United
States
department
of
veterans
affairs
or
other
agency
,
but
shall
not
lose
any
procedural
rights
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

17
SUBST
ANCE
USE
DIS
ORDERS,
§125.84
afforded
the
respondent
by
this
chapter
.
The
chief
officer
of
the
facility
shall
have,
with
respect
to
the
respondent
so
placed,
the
same
powers
and
duties
as
the
chief
medical
officer
of
a
hospital
in
this
state
would
have
in
regard
to
submission
of
reports
to
the
court,
retention
of
custody
,
transfer
,
convalescent
leave,
or
discharge.
Jurisdiction
is
retained
in
the
court
to
maintain
surveillance
of
the
respondent’s
treatment
and
care,
and
at
any
time
to
inquire
into
the
respondent’s
condition
and
the
need
for
continued
care
and
custody
.
2.
Upon
receipt
of
a
certificate
stating
that
a
respondent
placed
under
this
chapter
is
eligible
for
care
and
treatment
in
a
facility
operated
by
the
United
States
department
of
veterans
affairs
or
another
agency
of
the
United
States
government
which
is
willing
to
receive
the
respondent
without
charge
to
the
state
of
Iowa
or
any
county
in
the
state,
the
chief
medical
officer
may
transfer
the
respondent
to
that
facility
.
Upon
so
doing,
the
chief
medical
officer
shall
notify
the
court
which
ordered
the
respondent’s
placement
in
the
same
manner
as
would
be
required
in
the
case
of
a
transfer
under
section
125.86,
subsection
2
,
and
the
respondent
transferred
shall
be
entitled
to
the
same
rights
as
the
respondent
would
have
under
that
subsection.
No
respondent
shall
be
transferred
under
this
section
who
is
confined
pursuant
to
conviction
of
a
public
offense
or
whose
placement
was
ordered
upon
contention
of
incompetence
to
stand
trial
by
reason
of
mental
illness,
without
prior
approval
of
the
court
which
ordered
that
respondent’s
placement.
3.
A
judgment
or
order
of
commitment
by
a
court
of
competent
jurisdiction
of
another
state
or
the
District
of
Columbia,
under
which
any
person
is
hospitalized
or
placed
in
a
facility
operated
by
the
United
States
department
of
veterans
affairs
or
another
agency
of
the
United
States
government,
shall
have
the
same
force
and
effect
with
respect
to
that
person
while
the
person
is
in
this
state
as
the
judgment
or
order
would
have
if
the
person
were
in
the
jurisdiction
of
the
court
which
issued
it.
That
court
shall
be
deemed
to
have
retained
jurisdiction
of
the
person
so
placed
for
the
purpose
of
inquiring
into
that
person
’s
condition
and
the
need
for
continued
care
and
custody
,
as
do
courts
in
this
state
under
this
section
.
Consent
is
given
to
the
application
of
the
law
of
the
state
or
district
in
which
the
court
is
situated
which
issued
the
judgment
or
order
as
regards
authority
of
the
chief
officer
of
any
facility
,
operated
in
this
state
by
the
United
States
department
of
veterans
affairs
or
another
agency
of
the
United
States
government,
to
retain
custody
,
transfer
,
place
on
convalescent
leave,
or
discharge
the
person
so
committed.
97
Acts,
ch
159,
§2
;
2009
Acts,
ch
26,
§8
;
2011
Acts,
ch
121,
§48,
62
;
2023
Acts,
ch
19,
§120
Referred
to
in
§229.21
125.84
Evaluation
report.
The
facility
administrator
’s
report
to
the
court
of
the
chief
medical
officer
’s
substance
use
disorder
evaluation
of
the
respondent
shall
be
made
no
later
than
the
expiration
of
the
time
specified
in
section
125.83
.
At
least
two
copies
of
the
report
shall
be
filed
with
the
clerk,
who
shall
distribute
the
copies
in
the
manner
described
by
section
125.80,
subsection
2
.
The
report
shall
state
one
of
the
four
following
alternative
findings:
1.
That
the
respondent
does
not,
as
of
the
date
of
the
report,
require
further
treatment
for
substance
use
disorder
.
If
the
report
so
states,
the
court
shall
order
the
respondent’s
immediate
release
from
involuntary
commitment
and
terminate
the
proceedings.
2.
That
the
respondent
is
a
person
with
a
substance
use
disorder
who
is
in
need
of
full-time
custody
,
care,
and
treatment
in
a
facility
,
and
is
considered
likely
to
benefit
from
treatment.
If
the
report
so
states,
the
court
shall
enter
an
order
which
may
require
the
respondent’s
continued
placement
and
commitment
to
a
facility
for
appropriate
treatment.
3.
That
the
respondent
is
a
person
with
a
substance
use
disorder
who
is
in
need
of
treatment,
but
does
not
require
full-time
placement
in
a
facility
.
If
the
report
so
states,
the
report
shall
include
the
chief
medical
officer
’s
recommendation
for
treatment
of
the
respondent
on
an
outpatient
or
other
appropriate
basis,
and
the
court
shall
enter
an
order
which
may
direct
the
respondent
to
submit
to
the
recommended
treatment.
The
order
shall
provide
that
if
the
respondent
fails
or
refuses
to
submit
to
treatment,
as
directed
by
the
court’s
order
,
the
court
may
order
that
the
respondent
be
taken
into
immediate
custody
as
provided
by
section
125.81
and,
following
notice
and
hearing
held
in
accordance
with
the
procedures
of
sections
125.77
and
125.82
,
may
order
the
respondent
treated
as
a
patient
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

§125.84,
SUBST
ANCE
USE
DIS
ORDERS
18
requiring
full-time
custody
,
care,
and
treatment
as
provided
in
subsection
2
,
and
may
order
the
respondent
involuntarily
committed
to
a
facility
.
4.
That
the
respondent
is
a
person
with
a
substance
use
disorder
who
is
in
need
of
treatment,
but
in
the
opinion
of
the
chief
medical
officer
is
not
responding
to
the
treatment
provided.
If
the
report
so
states,
the
report
shall
include
the
facility
administrator
’s
recommendation
for
alternative
placement,
and
the
court
shall
enter
an
order
which
may
direct
the
respondent’s
transfer
to
the
recommended
placement
or
to
another
placement
after
consultation
with
the
respondent’s
attorney
and
the
facility
administrator
who
made
the
report
under
this
subsection
.
[
82
Acts,
ch
1212,
§12
]
90
Acts,
ch
1020,
§2
;
90
Acts,
ch
1085,
§18
;
2011
Acts,
ch
121,
§49,
62
;
2023
Acts,
ch
19,
§121
Referred
to
in
§125.85
,
125.86
,
229.21
,
321J.3
125.85
Custody
,
discharge,
and
termination
of
proceeding.
1.
A
respondent
committed
under
section
125.84,
subsection
2
,
shall
remain
in
the
custody
of
a
facility
for
treatment
for
a
period
of
thirty
days,
unless
sooner
discharged.
The
department
is
not
required
to
pay
the
cost
of
any
medication
or
procedure
provided
to
the
respondent
during
that
period
which
is
not
necessary
or
appropriate
to
the
specific
objectives
of
detoxification
and
treatment
of
substance
use
disorder
.
At
the
end
of
the
thirty
-day
period,
the
respondent
shall
be
discharged
automatically
unless
the
administrator
of
the
facility
,
before
expiration
of
the
period,
obtains
a
court
order
for
the
respondent’s
recommitment
pursuant
to
an
application
under
section
125.75
,
for
a
further
period
not
to
exceed
ninety
days.
2.
A
respondent
recommitted
under
subsection
1
who
has
not
been
discharged
by
the
facility
before
the
end
of
the
ninety
-day
period
shall
be
discharged
at
the
expiration
of
that
period
unless
the
administrator
of
the
facility
,
before
expiration
of
the
period,
obtains
a
court
order
for
the
respondent’s
recommitment
pursuant
to
an
application
under
section
125.75
,
for
a
further
period
not
to
exceed
ninety
days.
3.
Upon
the
filing
of
an
application
for
recommitment
under
subsection
1
or
2
,
the
court
shall
schedule
a
recommitment
hearing
for
no
later
than
ten
days
after
the
date
the
application
is
filed.
A
copy
of
the
application,
the
notice
of
hearing,
and
any
reports
shall
be
served
or
provided
in
the
manner
and
to
the
persons
as
required
by
sections
125.77
through
125.80
,
125.83
,
and
125.84
.
4.
F
ollowing
a
respondent’s
discharge
from
a
facility
or
from
treatment,
the
administrator
of
the
facility
shall
immediately
report
that
fact
to
the
court
which
ordered
the
respondent’s
commitment
or
treatment.
The
court
shall
issue
an
order
confirming
the
respondent’s
discharge
from
the
facility
or
from
treatment,
as
the
case
may
be,
and
shall
terminate
the
proceedings
pursuant
to
which
the
order
was
issued.
Copies
of
the
order
shall
be
sent
by
regular
mail
to
the
facility
and
the
respondent.
5.
A
person
who
is
placed
for
evaluation
at
a
facility
under
section
125.83
or
who
is
committed
to
a
facility
under
section
125.84,
subsection
2
,
shall
remain
at
that
facility
unless
discharged
or
otherwise
permitted
to
leave
by
the
court
or
administrator
of
the
facility
.
If
a
person
placed
at
a
facility
or
committed
to
a
facility
leaves
the
facility
without
permission
or
without
having
been
discharged,
the
administrator
may
notify
the
sheriff
of
the
person
’s
absence
and
the
sheriff
shall
take
the
person
into
custody
and
return
the
person
promptly
to
the
facility
.
[C75,
77,
§125.19;
C79,
81,
§229.52(3
–
5)
,
229.53
;
82
Acts,
ch
1212,
§13
]
92
Acts,
ch
1072,
§2
;
99
Acts,
ch
144,
§1
;
2021
Acts,
ch
80,
§66
;
2023
Acts,
ch
19,
§122
Referred
to
in
§229.21
125.86
P
eriodic
reports
required.
1.
No
more
than
thirty
days
after
entry
of
a
court
order
for
commitment
to
a
facility
under
section
125.84,
subsection
2
,
and
thereafter
at
successive
intervals
not
to
exceed
ninety
days
for
as
long
as
involuntary
commitment
of
the
respondent
continues,
the
administrator
of
the
facility
shall
report
to
the
court
which
entered
the
order
.
The
report
shall
be
submitted
in
the
manner
required
by
section
125.84
,
shall
state
whether
in
the
opinion
of
the
chief
medical
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

19
SUBST
ANCE
USE
DIS
ORDERS,
§125.88
officer
the
respondent’s
condition
has
improved,
remains
unchanged,
or
has
deteriorated,
and
shall
indicate
the
further
length
of
time
the
respondent
will
be
required
to
remain
at
the
facility
.
2.
No
more
than
sixty
days
after
entry
of
a
court
order
for
treatment
of
a
respondent
under
section
125.84,
subsection
3
,
and
thereafter
at
successive
intervals
not
to
exceed
ninety
days
for
as
long
as
involuntary
treatment
continues,
the
administrator
of
the
facility
or
the
psychiatrist
or
psychiatric
advanced
registered
nurse
practitioner
treating
the
patient
shall
report
to
the
court
which
entered
the
order
.
The
report
shall
be
submitted
in
the
manner
required
by
section
125.84
,
shall
state
whether
in
the
opinion
of
the
chief
medical
officer
or
the
psychiatrist
or
psychiatric
advanced
registered
nurse
practitioner
the
respondent’s
condition
has
improved,
remains
unchanged,
or
has
deteriorated,
and
shall
indicate
the
further
length
of
time
the
respondent
will
require
treatment
by
the
facility
.
If
the
respondent
fails
or
refuses
to
submit
to
treatment
as
ordered
by
the
court,
the
administrator
of
the
facility
shall
at
once
notify
the
court,
which
shall
order
the
respondent
committed
for
treatment
as
provided
by
section
125.84,
subsection
3
,
unless
the
court
finds
that
the
failure
or
refusal
was
with
good
cause,
and
that
the
respondent
is
willing
to
receive
treatment
as
provided
in
the
court’s
order
,
or
in
a
revised
order
if
the
court
sees
fit
to
enter
one.
If
the
administrator
of
the
facility
reports
to
the
court
that
the
respondent
requires
full-time
custody
,
care,
and
treatment
in
a
facility
,
and
the
respondent
is
willing
to
be
admitted
voluntarily
to
the
facility
for
these
purposes,
the
court
may
enter
an
order
approving
the
placement
upon
consultation
with
the
administrator
of
the
facility
in
which
the
respondent
is
to
be
placed.
If
the
respondent
is
unwilling
to
be
admitted
voluntarily
to
the
facility
,
the
procedure
for
determining
involuntary
commitment,
as
provided
in
section
125.84,
subsection
3
,
shall
be
followed.
3.
a.
A
psychiatric
advanced
registered
nurse
practitioner
treating
a
respondent
previously
committed
under
this
chapter
may
complete
periodic
reports
pursuant
to
this
section
on
the
respondent
if
the
respondent
has
been
recommended
for
treatment
on
an
outpatient
or
other
appropriate
basis
pursuant
to
section
125.84,
subsection
3
,
and
if
a
psychiatrist
licensed
pursuant
to
chapter
148
personally
evaluates
the
respondent
on
at
least
an
annual
basis.
b.
An
advanced
registered
nurse
practitioner
who
is
not
certified
as
a
psychiatric
advanced
registered
nurse
practitioner
but
who
meets
the
qualifications
of
a
mental
health
professional
may
complete
periodic
reports
pursuant
to
paragraph
“a”
.
[
82
Acts,
ch
1212,
§14
]
2008
Acts,
ch
1082,
§2,
3
;
2009
Acts,
ch
133,
§29
;
2013
Acts,
ch
90,
§25
;
2017
Acts,
ch
34,
§9
Referred
to
in
§125.83A
,
229.21
,
321J.3
,
462A
.14
125.87
Status
during
appeal.
If
a
respondent
appeals
to
the
supreme
court
from
a
lower
court’s
finding
that
commitment
is
warranted,
the
respondent
shall
remain
committed
if
already
in
custody
,
pursuant
to
an
order
of
immediate
custody
under
section
125.81
or
pursuant
to
an
order
for
evaluation
and
treatment
under
section
125.83
,
before
notice
of
appeal
was
filed,
unless
the
supreme
court
orders
otherwise.
[
82
Acts,
ch
1212,
§15
]
Referred
to
in
§229.21
125.88
Status
if
commitment
delayed.
If
a
court
directs
a
respondent
who
was
previously
ordered
taken
into
immediate
custody
under
section
125.81
to
be
placed
at
a
facility
for
evaluation
and
appropriate
treatment
under
section
125.83
,
and
no
suitable
facility
can
immediately
admit
the
respondent,
the
respondent
shall
remain
in
custody
as
previously
ordered
by
the
court,
notwithstanding
the
time
limits
stated
in
section
125.81
,
until
a
suitable
facility
can
admit
the
respondent.
The
court
shall
take
appropriate
steps
to
expedite
the
admission
of
the
respondent
to
a
suitable
facility
at
the
earliest
feasible
time.
[
82
Acts,
ch
1212,
§16
]
Referred
to
in
§125.81
,
229.21
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

§125.89,
SUBST
ANCE
USE
DIS
ORDERS
20
125.89
Respondents
charged
with
or
convicted
of
crime.
1.
If
a
court
orders
a
respondent
placed
at
a
facility
for
evaluation
and
treatment
under
section
125.83
at
a
time
when
the
respondent
has
been
convicted
of
a
public
offense,
or
when
there
is
pending
against
the
respondent
an
unresolved
formal
charge
of
a
public
offense,
and
the
respondent’s
liberty
has
therefore
been
restricted
in
any
manner
,
the
findings
of
fact
required
by
section
125.83
shall
clearly
so
inform
the
administrator
of
the
facility
where
the
respondent
is
placed.
2.
The
commitment
powers
of
the
court
under
section
124.409
supersede
the
procedures
and
requirements
of
this
subchapter
.
[
82
Acts,
ch
1212,
§17
]
2017
Acts,
ch
54,
§76
Referred
to
in
§229.21
125.90
Judicial
hospitalization
referee.
Judicial
hospitalization
referees
shall
be
utilized
as
provided
in
section
229.21
for
performing
the
duties
of
the
court
prescribed
by
this
subchapter
.
[C79,
81,
§229.51(3)
;
82
Acts,
ch
1212,
§18
]
2017
Acts,
ch
54,
§76
Referred
to
in
§229.21
125.91
Emergency
detention.
1.
The
procedure
prescribed
by
this
section
shall
only
be
used
for
a
person
with
a
substance
use
disorder
due
to
intoxication
or
substance-induced
incapacitation
who
has
threatened,
attempted,
or
inflicted
physical
self
-harm
or
harm
on
another
,
and
is
likely
to
inflict
physical
self
-harm
or
harm
on
another
unless
immediately
detained,
or
who
is
incapacitated
by
a
chemical
substance,
if
an
application
has
not
been
filed
naming
the
person
as
the
respondent
pursuant
to
section
125.75
and
the
person
cannot
be
ordered
into
immediate
custody
and
detained
pursuant
to
section
125.81
.
2.
a.
A
peace
officer
who
has
reasonable
grounds
to
believe
that
the
circumstances
described
in
subsection
1
are
applicable
may
,
without
a
warrant,
take
or
cause
that
person
to
be
taken
to
the
nearest
available
facility
referred
to
in
section
125.81,
subsection
2
,
paragraph
“b”
or
“c”
.
Such
a
person
with
a
substance
use
disorder
due
to
intoxication
or
substance-induced
incapacitation
who
also
demonstrates
a
significant
degree
of
distress
or
dysfunction
may
also
be
delivered
to
a
facility
by
someone
other
than
a
peace
officer
upon
a
showing
of
reasonable
grounds.
Upon
delivery
of
the
person
to
a
facility
under
this
section
,
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
may
order
treatment
of
the
person,
but
only
to
the
extent
necessary
to
preserve
the
person
’s
life
or
to
appropriately
control
the
person
’s
behavior
if
the
behavior
is
likely
to
result
in
physical
injury
to
the
person
or
others
if
allowed
to
continue.
The
peace
officer
or
other
person
who
delivered
the
person
to
the
facility
shall
describe
the
circumstances
of
the
matter
to
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon.
If
the
person
is
a
peace
officer
,
the
peace
officer
may
do
so
either
in
person
or
by
written
report.
b.
If
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
has
reasonable
grounds
to
believe
that
the
circumstances
in
subsection
1
are
applicable,
the
facility
shall
have
the
authority
to
detain
the
person
for
a
period
of
no
longer
than
twelve
hours.
W
ithin
twelve
hours
of
detaining
a
person
pursuant
to
this
section
,
the
attending
physician
shall
communicate
with
the
nearest
available
magistrate.
c.
Once
contacted
pursuant
to
paragraph
“b”
,
the
magistrate
shall,
based
upon
the
circumstances
described
by
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
give
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
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
.
d.
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
125.75
.
The
order
may
be
filed
by
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

21
SUBST
ANCE
USE
DIS
ORDERS,
§125.92
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
a
person
with
a
substance
use
disorder
likely
to
result
in
physical
injury
to
the
person
or
others
if
not
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
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
at
the
facility
to
which
the
person
was
originally
taken,
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
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
shall
examine
and
may
detain
the
person
pursuant
to
the
magistrate’s
order
for
a
period
not
to
exceed
forty
-eight
hours
from
the
time
the
order
is
dated,
excluding
Saturdays,
Sundays,
and
holidays,
unless
the
order
is
dismissed
by
a
magistrate.
The
facility
may
provide
treatment
which
is
necessary
to
preserve
the
person
’s
life
or
to
appropriately
control
the
person
’s
behavior
if
the
behavior
is
likely
to
result
in
physical
injury
to
the
person
or
others
if
allowed
to
continue
or
is
otherwise
deemed
medically
necessary
by
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional,
but
shall
not
otherwise
provide
treatment
to
the
person
without
the
person
’s
consent.
The
person
shall
be
discharged
from
the
facility
and
released
from
detention
no
later
than
the
expiration
of
the
forty
-eight-hour
period,
unless
an
application
for
involuntary
commitment
is
filed
with
the
clerk
pursuant
to
section
125.75
.
The
detention
of
a
person
by
the
procedure
in
this
section
,
and
not
in
excess
of
the
period
of
time
prescribed
by
this
section
,
shall
not
render
the
peace
officer
,
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
or
facility
detaining
the
person
liable
in
a
criminal
or
civil
action
for
false
arrest
or
false
imprisonment
if
the
peace
officer
,
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
facility
had
reasonable
grounds
to
believe
that
the
circumstances
described
in
subsection
1
were
applicable.
4.
The
cost
of
detention
in
a
facility
under
the
procedure
prescribed
in
this
section
shall
be
paid
in
the
same
way
as
if
the
person
had
been
committed
to
the
facility
pursuant
to
an
application
filed
under
section
125.75
.
[C75,
77,
§125.17,
125.18;
C79,
81,
§125.34(4)
,
125.35
;
82
Acts,
ch
1212,
§19
]
90
Acts,
ch
1085,
§19
;
2003
Acts,
ch
68,
§1,
2
;
2009
Acts,
ch
41,
§188
;
2011
Acts,
ch
121,
§50,
62
;
2012
Acts,
ch
1021,
§44
;
2012
Acts,
ch
1079,
§2
;
2017
Acts,
ch
34,
§10
;
2018
Acts,
ch
1026,
§45
;
2022
Acts,
ch
1071,
§3
;
2023
Acts,
ch
19,
§123
;
2024
Acts,
ch
1161,
§19,
137
Referred
to
in
§125.44
,
125.92
,
229.21
,
331.910
,
602.6405
2024
amendment
to
subsection
1
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
Subsection
1
amended
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.
P
rompt
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
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)

§125.92,
SUBST
ANCE
USE
DIS
ORDERS
22
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
;
2022
Acts,
ch
1032,
§34
Referred
to
in
§229.21
125.93
Commitment
records
—
confidentiality
.
Records
of
the
identity
,
diagnosis,
prognosis,
or
treatment
of
a
person
which
are
maintained
in
connection
with
the
provision
of
substance
use
disorder
treatment
services
are
confidential,
consistent
with
federal
confidentiality
regulations
authorized
by
the
federal
Comprehensive
Alcohol
Abuse
and
Alcoholism
P
revention,
T
reatment
and
Rehabilitation
Act,
42
U.S.C.
§290dd-2.
However
,
such
records
may
be
disclosed
to
an
employee
of
the
department
of
corrections,
if
authorized
by
the
director
of
the
department
of
corrections.
[
82
Acts,
ch
1212,
§21
]
2014
Acts,
ch
1092,
§168
;
2021
Acts,
ch
11,
§1
;
2023
Acts,
ch
19,
§124
;
2024
Acts,
ch
1161,
§20,
137
;
2024
Acts,
ch
1182,
§48
Referred
to
in
§229.21
2024
amendment
by
2024
Acts,
ch
1161,
effective
July
1,
2025;
2024
Acts,
ch
1161,
§137
Section
amended
125.94
Supreme
court
r
ules.
The
supreme
court
may
prescribe
rules
of
pleading,
practice,
and
procedure
and
the
forms
of
process,
writs,
and
notices
under
section
602.4201
,
for
all
commitment
proceedings
in
a
court
of
this
state
under
this
chapter
.
The
rules
shall
be
drawn
for
the
purpose
of
simplifying
and
expediting
the
proceedings,
so
far
as
is
consistent
with
the
rights
of
the
parties
involved.
The
rules
shall
not
abridge,
enlarge,
or
modify
the
substantive
rights
of
a
party
to
a
commitment
proceeding
under
this
chapter
.
[
82
Acts,
ch
1212,
§22
]
83
Acts,
ch
186,
§10045,
10201
Referred
to
in
§229.21
R
ules
adopted
by
the
supreme
court
are
published
in
the
compilation
“Iowa
Court
R
ules”
T
ue
Dec
09
22:27:37
2025
Iowa
Code
2026,
Chapter
125
(65,
2)