S.F. 2212 Section 1. Section 229.1, subsection 20, Code 2018, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. Has a history of lack of compliance with 3 treatment and any of the following apply: 4 (1) Lack of compliance has been a significant factor in the 5 need for emergency hospitalization. 6 (2) Lack of compliance has resulted in one or more acts of 7 serious physical injury to the person’s self or others or an 8 attempt to physically injure the person’s self or others. 9 Sec. 2. Section 229.13, subsection 7, paragraph a, 10 subparagraphs (2) and (3), Code 2018, are amended to read as 11 follows: 12 (2) Once in protective custody, the respondent shall be 13 given the choice of being treated by the appropriate medication 14 which may include the use of oral medicine or injectable 15 antipsychotic medicine by a mental health professional acting 16 within the scope of the mental health professional’s practice 17 at an outpatient psychiatric clinic, hospital, or other 18 suitable facility or being placed for treatment under the 19 care of a hospital or other suitable facility for inpatient 20 treatment. 21 (3) If the respondent chooses to be treated by the 22 appropriate medication which may include the use of oral 23 medicine or injectable antipsychotic medicine but the mental 24 health professional acting within the scope of the mental 25 health professional’s practice at the outpatient psychiatric 26 clinic, hospital, or other suitable facility determines that 27 the respondent’s behavior continues to be likely to result in 28 physical injury to the respondent’s self or others if allowed 29 to continue, the mental health professional acting within 30 the scope of the mental health professional’s practice shall 31 comply with the provisions of subparagraph (1) and, following 32 notice and hearing held in accordance with the procedures in 33 section 229.12 , the court may order the respondent treated 34 on an inpatient basis requiring full-time custody, care, and 35 -1- LSB 5589XS (4) 87 hb/jh 1/ 3

S.F. 2212 treatment in a hospital until such time as the chief medical 1 officer reports that the respondent does not require further 2 treatment for serious mental impairment or has indicated the 3 respondent is willing to submit to treatment on another basis 4 as ordered by the court. 5 Sec. 3. Section 229.13, subsection 7, paragraph b, Code 6 2018, is amended to read as follows: 7 b. A region shall contract with mental health professionals 8 to provide the appropriate treatment including treatment by 9 the use of oral medicine or injectable antipsychotic medicine 10 pursuant to this section . 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to the hospitalization of a person with a 15 mental illness. 16 Under Code chapter 229 (hospitalization of persons with 17 mental illness), a person may be committed for treatment 18 if the person is seriously mentally impaired. A person 19 is seriously mentally impaired if the person has a mental 20 illness, and because of that illness lacks sufficient judgment 21 to make responsible decisions with respect to the person’s 22 hospitalization or treatment, and because of that illness is 23 likely to physically injure the person’s self or others, is 24 likely to seriously emotionally injure others, or is unable 25 to satisfy the person’s basic needs. The bill expands the 26 definition of seriously mentally impaired to include a person 27 who has a mental illness, because of that illness lacks 28 sufficient judgment to make responsible decisions with respect 29 to the person’s hospitalization or treatment, and who because 30 of that illness has a history of a lack of compliance with 31 treatment and the lack of compliance has been a significant 32 factor in the need for emergency hospitalization or resulted 33 in one or more acts of serious physical injury to the person’s 34 self or others or an attempt to seriously physically injure the 35 -2- LSB 5589XS (4) 87 hb/jh 2/ 3

S.F. 2212 person’s self or others. 1 Under current law, if a respondent has been ordered to 2 undergo outpatient treatment and fails to comply, and the 3 failure to comply is likely to result in physical injury, 4 a court shall order the person to be taken into physical 5 custody. A respondent may choose to be treated by the 6 appropriate medication which may include the use of injectable 7 antipsychotic medicine. The bill provides that appropriate 8 medication may also include the use of oral medicine. 9 -3- LSB 5589XS (4) 87 hb/jh 3/ 3