House File 2182 - Introduced
HOUSE FILE
BY BAILEY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the appointment of mental health advocates.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 6349HH 82
4 rh/nh/5
PAG LIN
1 1 Section 1. Section 229.19, Code Supplement 2007, is
1 2 amended to read as follows:
1 3 229.19 ADVOCATES == DUTIES == COMPENSATION == STATE AND
1 4 COUNTY LIABILITY.
1 5 1. a. In each county, with a population of three hundred
1 6 thousand or more inhabitants the board of supervisors shall
1 7 appoint an individual who has demonstrated by prior activities
1 8 an informed concern for the welfare and rehabilitation of
1 9 persons with mental illness, and who is not an officer or
1 10 employee of the department of human services nor of any agency
1 11 or facility providing care, or treatment, or funding to
1 12 persons with mental illness, to act as an advocate
1 13 representing the interests of patients involuntarily
1 14 hospitalized by the court, in any matter relating to the
1 15 patients' hospitalization or treatment under section 229.14 or
1 16 229.15. In each county with a population of under three
1 17 hundred thousand inhabitants, the chief judge of the judicial
1 18 district encompassing the county shall appoint the advocate.
1 19 b. The court or, if the advocate is appointed by the
1 20 county board of supervisors, the The board or the board's
1 21 designee shall assign the advocate appointed from a patient's
1 22 county of legal settlement to represent the interests of the
1 23 patient. If a patient has no county of legal settlement, the
1 24 court or, if the advocate is appointed by the county board of
1 25 supervisors, the board or the board's designee shall assign
1 26 the advocate appointed from the county where the hospital or
1 27 facility is located to represent the interests of the patient.
1 28 c. b. The advocate's responsibility with respect to any
1 29 patient shall begin at whatever time the attorney employed or
1 30 appointed to represent that patient as respondent in
1 31 hospitalization proceedings, conducted under sections 229.6 to
1 32 229.13, reports to the court that the attorney's services are
1 33 no longer required and requests the court's approval to
1 34 withdraw as counsel for that patient. However, if the patient
1 35 is found to be seriously mentally impaired at the
2 1 hospitalization hearing, the attorney representing the patient
2 2 shall automatically be relieved of responsibility in the case
2 3 and an advocate shall be assigned to the patient at the
2 4 conclusion of the hearing unless the attorney indicates an
2 5 intent to continue the attorney's services and the court so
2 6 directs. If the court directs the attorney to remain on the
2 7 case, the attorney shall assume all the duties of an advocate.
2 8 The clerk shall furnish the advocate with a copy of the
2 9 court's order approving the withdrawal and shall inform the
2 10 patient of the name of the patient's advocate.
2 11 d. c. With regard to each patient whose interests the
2 12 advocate is required to represent pursuant to this section,
2 13 the advocate's duties shall include all of the following:
2 14 (1) To review each report submitted pursuant to sections
2 15 229.14 and 229.15.
2 16 (2) If the advocate is not an attorney, to advise the
2 17 court at any time it appears that the services of an attorney
2 18 are required to properly safeguard the patient's interests.
2 19 (3) To be readily accessible to communications from the
2 20 patient and to originate communications with the patient
2 21 within five days of the patient's commitment.
2 22 (4) To visit the patient within fifteen days of the
2 23 patient's commitment and periodically thereafter.
2 24 (5) To communicate with medical personnel treating the
2 25 patient and to review the patient's medical records pursuant
2 26 to section 229.25.
2 27 (6) To file with the court board quarterly reports, and
2 28 additional reports as the advocate feels necessary or as
2 29 required by the court board, in a form prescribed by the court
2 30 board. The reports shall state what actions the advocate has
2 31 taken with respect to each patient and the amount of time
2 32 spent.
2 33 2. The hospital or facility to which a patient is
2 34 committed shall grant all reasonable requests of the advocate
2 35 to visit the patient, to communicate with medical personnel
3 1 treating the patient, and to review the patient's medical
3 2 records pursuant to section 229.25. An advocate shall not
3 3 disseminate information from a patient's medical records to
3 4 any other person unless done for official purposes in
3 5 connection with the advocate's duties pursuant to this chapter
3 6 or when required by law.
3 7 3. The court or, if the advocate is appointed by the
3 8 county board of supervisors, the board shall prescribe
3 9 reasonable compensation for the services of the advocate. The
3 10 compensation shall be based upon the reports filed by the
3 11 advocate with the court board. The advocate's compensation
3 12 shall be paid by the county in which the court is located,
3 13 either on order of the court or, if the advocate is appointed
3 14 by the county board of supervisors, on the direction of the
3 15 board. If the advocate is appointed by the court, the
3 16 advocate is an employee of the state for purposes of chapter
3 17 669. If the advocate is appointed by the county board of
3 18 supervisors, the The advocate is an employee of the county for
3 19 purposes of chapter 670. If the patient or the person who is
3 20 legally liable for the patient's support is not indigent, the
3 21 board shall recover the costs of compensating the advocate
3 22 from that person. If that person has an income level as
3 23 determined pursuant to section 815.9 greater than one hundred
3 24 percent but not more than one hundred fifty percent of the
3 25 poverty guidelines, at least one hundred dollars of the
3 26 advocate's compensation shall be recovered in the manner
3 27 prescribed by the county board of supervisors. If that person
3 28 has an income level as determined pursuant to section 815.9
3 29 greater than one hundred fifty percent of the poverty
3 30 guidelines, at least two hundred dollars of the advocate's
3 31 compensation shall be recovered in substantially the same
3 32 manner prescribed by the county board of supervisors as
3 33 provided in section 815.9.
3 34 EXPLANATION
3 35 This bill provides that the county board of supervisors
4 1 shall appoint a mental health advocate for persons
4 2 involuntarily hospitalized due to mental illness regardless of
4 3 the population size of the county. Current law provides that
4 4 the county board of supervisors shall appoint a mental health
4 5 advocate in a county with a population of 300,000 or more and
4 6 the chief judge of the judicial district in a county
4 7 encompassing a population under 300,000 shall appoint a mental
4 8 health advocate.
4 9 The bill exempts persons who are officers or employees of
4 10 any agency or facility providing care, treatment, or funding
4 11 to persons with mental illness from the list of persons
4 12 eligible for appointment as a mental health advocate.
4 13 The bill allows the county board of supervisor's designee
4 14 to appoint the mental health advocate regardless of whether
4 15 the patient has a county of legal settlement.
4 16 The bill provides that the mental health advocate shall
4 17 file quarterly reports and additional reports with the county
4 18 board of supervisors as the advocate deems necessary or as
4 19 required by the board on a form prescribed by the board.
4 20 The bill provides that the county board of supervisors
4 21 shall prescribe reasonable compensation for the services of
4 22 the mental health advocate and that the advocate shall be an
4 23 employee of the county for purposes of Code chapter 670 (tort
4 24 liability of governmental subdivisions).
4 25 LSB 6349HH 82
4 26 rh/nh/5