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229.38 Cruelty or official misconduct.

If any person having the care of a mentally ill person who has voluntarily entered a hospital or other facility for treatment or care, or who is responsible for psychiatric examination care, treatment and maintenance of any person involuntarily hospitalized under sections 229.6 to 229.15, whether in a hospital or elsewhere, with or without proper authority, shall treat such patient with unnecessary severity, harshness, or cruelty, or in any way abuse the patient or if any person unlawfully detains or deprives of liberty any mentally ill or allegedly mentally ill person, or if any officer required by the provisions of this chapter and chapters 226 and 227, to perform any act shall willfully refuse or neglect to perform the same, the offending person shall, unless otherwise provided, be guilty of a serious misdemeanor.

Section History: Early form

[C73, § 1415, 1416, 1440, 1445; C97, § 2307; C24, 27, 31, 35, 39, § 3578; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 229.38]


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