Senate
File
75
-
Introduced
SENATE
FILE
75
BY
KINNEY
A
BILL
FOR
An
Act
relating
to
the
disclosure
of
mental
health
information
1
to
law
enforcement
professionals.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
228.1,
Code
2017,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
“
Law
enforcement
professional”
means
3
a
law
enforcement
officer
as
defined
in
section
80B.3,
county
4
attorney
as
defined
in
section
331.101,
probation
or
parole
5
officer,
or
jailer.
6
Sec.
2.
NEW
SECTION
.
228.7A
Disclosures
to
law
enforcement
7
professionals.
8
Mental
health
information
relating
to
an
individual
may
be
9
disclosed
by
mental
health
professionals
to
a
law
enforcement
10
professional
if
and
to
the
extent
necessary
to
prevent
a
11
serious
and
imminent
threat
to
the
health
or
safety
of
the
12
individual
or
others.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
the
disclosure
of
mental
health
17
information
to
law
enforcement
professionals.
18
Under
Code
chapter
228,
a
mental
health
professional,
data
19
collector,
or
employee
or
agent
thereof,
is
prohibited
from
20
disclosing
or
allowing
the
disclosure
of
an
individual’s
21
mental
health
information
without
the
individual’s
consent
or
22
written
authorization.
However,
disclosure
of
such
mental
23
health
information
without
the
individual’s
consent
or
written
24
authorization
is
allowed
under
certain
circumstances,
including
25
for
certain
administrative
disclosures
to
other
mental
health
26
providers
for
administrative
and
professional
services
to
27
the
individual
and
to
meet
certain
compulsory
disclosure
28
requirements
pursuant
to
state
or
federal
law.
In
addition,
29
the
disclosure
of
certain
limited
mental
health
information
is
30
allowed
to
authorized
family
members
without
the
individual’s
31
consent
or
written
authorization
in
some
circumstances.
32
The
bill
allows
for
the
disclosure
of
mental
health
33
information
by
a
mental
health
professional
relating
to
34
an
individual
without
the
individual’s
consent
or
written
35
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permission
to
a
law
enforcement
professional
to
the
extent
1
necessary
to
prevent
a
serious
and
imminent
threat
to
the
2
health
and
safety
of
the
individual
or
others.
3
The
bill
defines
“law
enforcement
professional”
to
mean
4
a
law
enforcement
officer
as
defined
in
Code
section
80B.3
5
(an
officer
appointed
by
the
director
of
the
department
of
6
natural
resources,
a
member
of
the
police
force
or
other
7
agency
or
department
of
the
state,
county,
city,
or
tribal
8
government
regularly
employed
as
such
and
who
is
responsible
9
for
the
prevention
and
detection
of
crime
and
the
enforcement
10
of
the
criminal
laws
of
this
state
and
all
individuals,
as
11
determined
by
the
council,
who
by
the
nature
of
their
duties
12
may
be
required
to
perform
the
duties
of
a
peace
officer),
13
county
attorney
as
defined
in
Code
section
331.101
(the
14
county
attorney,
a
deputy
county
attorney
or
an
assistant
15
county
attorney
designated
by
the
county
attorney),
probation
16
or
parole
officer,
or
jailer.
“Mental
health
information”
17
is
defined
in
Code
section
228.1
to
mean
oral,
written,
18
or
recorded
information
which
indicates
the
identity
of
an
19
individual
receiving
professional
services
and
which
relates
to
20
the
diagnosis,
course,
or
treatment
of
the
individual’s
mental
21
or
emotional
condition.
22
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