Bill
HF 313
Allows physician assistants and ARNPs to testify in involuntary commitment hearings on behalf of certain examiners, with court-approved sworn statements.
HF 313 — Summary
Overview
HF 313 is a bill relating to testimony at involuntary commitment hearings, specifically expanding who may testify and under what conditions when the respondent is being evaluated for substance abuse or serious mental impairment. The subcommittee has recommended passage. Introduced Feb 10, 2025, the bill has progressed through the House with a formal process, including a later referral to Health and Human Services and a subcommittee recommendation.
What the bill would do
- Allow physician assistants (PAs) and advanced registered nurse practitioners (ARNPs) to be present and to testify at involuntary commitment hearings.
- Permit a PA/ARNP to testify on behalf of certain licensed professionals who examined the respondent, including:
- Licensed physician or surgeon, or osteopathic physician and surgeon
- Mental health professional
- Certified alcohol and drug counselor
- Require the court to grant an application that contains sworn statements (as specified in the bill) authorizing such testimony. A PA/ARNP’s testimony would be in addition to testimony by the licensed professional who conducted the examination.
- In cases where the testimony is considered necessary, allow the licensed physician or mental health professional to testify by telephone or via telecommunication if the court permits.
- Address waiver decisions related to the respondent’s capacity: if the respondent’s attorney reasonably believes diminished capacity prevents an adequately considered waiver decision, there may be “good cause” to find that the testimony is not necessary.
Key provisions and mechanism
- Application-based authorization: An application with specific sworn statements must be granted by the court to enable PA/ARNP testimony on behalf of the listed professionals.
- Testimony modality: If necessary, testimony by telephone or telecast is permissible for the examining professional.
- Scope of testimony: Applies to involuntary commitment hearings for substance abuse disorders and for respondents with serious mental impairment.
Affected parties
- Physician assistants and advanced registered nurse practitioners (expanding their role in hearings).
- Respondents in involuntary commitment hearings (substance abuse and serious mental impairment).
- Licensed physicians, osteopathic physicians, mental health professionals, and certified alcohol and drug counselors who examined the respondent.
- Attorneys representing the respondent (awareness of waiver-related considerations).
Procedural/timeline aspects
- Introduced: February 10, 2025.
- House action: Passed the House (yea 92–0) on February 20, 2025; immediate message issued; referred to Health and Human Services on February 24, 2025.
- Senate actions: Subcommittee meeting scheduled/held around March 6–10, 2025; Subcommittee on March 10, 2025 recommended passage.
- Current status: Subcommittee recommends passage.
Notes
- The bill includes an explanatory preface but notes that the explanation does not reflect agreement with its substance by all lawmakers.
- The proposed changes aim to streamline and broaden the evidentiary process in involuntary commitment cases by leveraging the expertise of PAs and ARNPs, subject to court authorization and sworn statements.
Compiled from official sources — confirm details with the bill’s official record.
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