House
File
205
-
Introduced
HOUSE
FILE
205
BY
M.
SMITH
A
BILL
FOR
An
Act
relating
to
access
to
and
disclosure
of
information
1
concerning
mental
health
treatment
or
services
involving
a
2
minor
fourteen
years
of
age
or
older
who
seeks
treatment
or
3
services
due
to
the
minor’s
thoughts
of
causing
injury
to
4
self
or
others.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
2151HH
(2)
88
hb/rh
H.F.
205
Section
1.
Section
228.8,
subsection
1,
unnumbered
1
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
2
A
Except
as
provided
in
subsection
5,
a
mental
health
3
professional
or
an
employee
of
or
agent
for
a
mental
health
4
facility
may
disclose
mental
health
information
to
the
spouse,
5
parent,
adult
child,
or
adult
sibling
of
an
individual
who
has
6
chronic
mental
illness,
if
all
of
the
following
conditions
are
7
met:
8
Sec.
2.
Section
228.8,
Code
2019,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
5.
Mental
health
information
relating
to
a
11
minor
fourteen
years
of
age
or
older
who
seeks
mental
health
12
treatment
or
services
due
to
the
minor’s
thoughts
of
causing
13
injury
to
self
or
others
shall
not
be
disclosed
to
the
parent,
14
guardian,
or
legal
custodian
of
such
minor
without
the
minor’s
15
consent.
16
Sec.
3.
Section
229.2,
subsection
1,
paragraph
a,
Code
2019,
17
is
amended
to
read
as
follows:
18
a.
An
application
for
admission
to
a
public
or
private
19
hospital
for
observation,
diagnosis,
care,
and
treatment
as
a
20
voluntary
patient
may
be
made
by
any
person
who
is
mentally
21
ill
or
has
symptoms
of
mental
illness.
A
minor
fourteen
years
22
of
age
or
older
who
has
had
thoughts
of
causing
injury
to
self
23
or
others
may
make
application
under
this
paragraph
“a”
and
an
24
application
under
paragraph
“b”
shall
not
be
required.
The
fact
25
that
such
minor
made
such
application
shall
not
be
reported
or
26
disclosed
to
the
parent,
guardian,
or
legal
custodian
of
such
27
minor
without
the
minor’s
consent.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
Under
current
law,
a
mental
health
professional
or
an
32
employee
or
agent
for
a
mental
health
facility
may
disclose
33
mental
health
information
to
the
spouse,
parent,
adult
child,
34
or
adult
sibling
of
an
individual
who
has
a
chronic
mental
35
-1-
LSB
2151HH
(2)
88
hb/rh
1/
2
H.F.
205
illness
under
certain
circumstances.
This
bill
provides
1
that
mental
health
information
relating
to
a
minor
who
is
14
2
years
of
age
or
older
who
seeks
mental
health
treatment
or
3
services
due
to
the
minor’s
thoughts
of
causing
injury
to
self
4
or
others,
shall
not
be
disclosed
to
the
parent,
guardian,
or
5
legal
custodian
of
such
minor
without
the
minor’s
consent.
6
Under
current
law,
a
voluntary
application
for
voluntary
7
admission
to
a
public
or
private
hospital
for
observation,
8
diagnosis,
care,
and
treatment
as
a
voluntary
patient
may
be
9
made
by
any
person
who
is
mentally
ill
or
has
symptoms
of
10
mental
illness;
however,
in
the
case
of
a
minor,
the
parent,
11
guardian,
or
custodian
may
make
application
for
admission
of
12
the
minor
as
a
voluntary
patient.
The
bill
provides
that
a
13
minor
14
years
of
age
or
older
who
has
had
thoughts
of
causing
14
injury
to
self
or
others
may
make
application
under
the
15
bill
and
an
application
by
the
minor’s
parent,
guardian,
or
16
custodian
is
not
required.
The
fact
that
such
minor
made
such
17
application
shall
not
be
reported
or
disclosed
to
the
parent,
18
guardian,
or
legal
custodian
of
such
minor
without
the
minor’s
19
consent.
20
-2-
LSB
2151HH
(2)
88
hb/rh
2/
2