HF 2040 (LSB 5005YH (5) 86)

HOUSE FILE 2040

BY  HEATON

A BILL FOR

An Act relating to the exercise of a mental health advocate’s duties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 229.19, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  An advocate shall have exclusive control over the performance of the advocate’s duties under this section, if not inconsistent with the requirements of this section, the related guidelines and best practices for the performance of the advocate’s duties developed and promulgated by the judicial council, and rules adopted by the state mental health and disability services commission.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Under Code section 229.19, a mental health advocate is appointed by a county board of supervisors and assigned to a person who is involuntarily committed due to a serious mental illness. The advocate’s duties include assisting the person in understanding the commitment process, safeguarding the rights of the person, communicating with medical personnel treating the person, and reviewing the person’s medical records.
   This bill provides that a mental health advocate shall have exclusive control over the performance of the advocate’s duties under Code section 229.19, if not inconsistent with the requirements of that Code section, the related guidelines and best practices for the performance of the advocate’s duties developed and promulgated by the judicial council, and rules adopted by the state mental health and disability services commission.