HF 2264 (LSB 5010HH (4) 83)

HOUSE FILE 2264

BY  GRASSLEY

A BILL FOR

An Act relating to the emergency detention or hospitalization of a person incapacitated by a chemical substance or with a serious mental impairment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 125.10, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  18.  Develop and implement policies for providing notice to a law enforcement agency as required by section 125.91.
    Sec. 2.  Section 125.34, subsection 2, Code 2009, is amended to read as follows:
   2.  If no facility is readily available the person may be taken to an emergency medical service customarily used for incapacitated persons. The peace officer in detaining the person and in taking the person to a facility shall make every reasonable effort to protect the person’s health and safety. In detaining the person the detaining officer may take reasonable steps for self-protection. Detaining a person under section 125.91 is not an arrest and no entry or other record shall be made to indicate that the person who is detained has been arrested or charged with a crime except for an entry or other record relating to an arrest upon discharge that is permissible under section 125.91.
    Sec. 3.  Section 125.91, subsection 2, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  Ob.  In circumstances where a peace officer delivers a person to the facility and the peace officer notifies the facility, in writing, that the person is to be arrested upon discharge, the facility shall notify the law enforcement agency that employs the peace officer by telephone and electronic mail at least six hours prior to the planned discharge of the person from the facility. If the law enforcement agency does not retrieve the person prior to the time of the planned discharge, the person may be discharged as planned.
    Sec. 4.  Section 135B.7, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  The department shall adopt rules to establish and implement protocols for providing notice to a law enforcement agency as required by section 229.22.
    Sec. 5.  Section 229.22, subsection 2, paragraph a, Code Supplement 2009, is amended to read as follows:
   a.  In the circumstances described in subsection 1, any peace officer who has reasonable grounds to believe that a person is mentally ill, and because of that illness is likely to physically injure the person’s self or others if not immediately detained, may without a warrant take or cause that person to be taken to the nearest available facility or hospital as defined in section 229.11, subsection 1, paragraphs “b” and “c”. A person believed mentally ill, and likely to injure the person’s self or others if not immediately detained, may be delivered to a facility or hospital by someone other than a peace officer. Upon delivery of the person believed mentally ill to the facility or hospital, the examining physician may order treatment of that person, including chemotherapy, but only to the extent necessary to preserve the person’s life or to appropriately control behavior by the person which is likely to result in physical injury to that person or others if allowed to continue. The peace officer who took the person into custody, or other party who brought the person to the facility or hospital, shall describe the circumstances of the matter to the examining physician. If the person is a peace officer, the peace officer may do so either in person or by written report. If the examining physician finds that there is reason to believe that the person is seriously mentally impaired, and because of that impairment is likely to physically injure the person’s self or others if not immediately detained, the examining physician shall at once communicate with the nearest available magistrate as defined in section 801.4, subsection 10. The magistrate shall, based upon the circumstances described by the examining physician, give the examining physician oral instructions either directing that the person be released forthwith or authorizing the person’s detention in an appropriate facility or hospital. The magistrate may also give oral instructions and order that the detained person be transported to an appropriate facility or hospital.
    Sec. 6.  Section 229.22, subsection 2, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  Ob.  In circumstances where a peace officer delivers a person to a facility or hospital and the peace officer notifies the facility or hospital, in writing, that the person is to be arrested upon discharge or release, the facility or hospital shall notify the law enforcement agency that employs the peace officer by telephone and electronic mail at least six hours prior to the planned discharge or release of the person from the facility or hospital. If the law enforcement agency does not retrieve the person prior to the time of the planned discharge or release, the person may be discharged or released as planned.
    Sec. 7.  Section 229.22, subsection 2, paragraph b, Code Supplement 2009, is amended to read as follows:
   b.  If the magistrate orders that the person be detained, the magistrate shall, by the close of business on the next working day, file a written order with the clerk in the county where it is anticipated that an application may be filed under section 229.6. The order may be filed by facsimile if necessary. The order shall state the circumstances under which the person was taken into custody or otherwise brought to a facility or hospital, and the grounds supporting the finding of probable cause to believe that the person is seriously mentally impaired and likely to injure the person’s self or others if not immediately detained. The order shall confirm the oral order authorizing the person’s detention including any order given to transport the person to an appropriate facility or hospital. The clerk shall provide a copy of that order to the chief medical officer of the facility or hospital to which the person was originally taken, to any subsequent facility or hospital to which the person was transported, and to any law enforcement department or ambulance service that transported the person pursuant to the magistrate’s order.
EXPLANATION
   This bill relates to the emergency detention or hospitalization of a person incapacitated by a chemical substance or with a serious mental impairment.
   The bill applies to persons who are not under arrest but who will be placed under arrest upon discharge or release from the facility or hospital treating the person.
   The bill requires the director of public health to develop and implement policies for a facility licensed under Code chapter 125 (chemical substance abuse) for notifying a law enforcement agency of the planned discharge of a person as required by Code section 125.91 under the bill. Violations of the requirements of Code chapter 125 are governed by Code section 125.17.
   Under the bill, if a peace officer delivers a person to a facility for detention due to incapacitation from a chemical substance, and the peace officer indicates the person is to be arrested upon discharge from the facility, the facility shall contact the law enforcement agency that employs the peace officer by telephone and electronic mail at least six hours prior to the planned discharge of the person from the facility. The bill provides that if the law enforcement agency does not retrieve the person prior to the time of the planned discharge, the person may be discharged as planned.
   The department of inspections and appeals is required to adopt rules to establish and implement protocols for notifying a law enforcement agency of the planned discharge of a person as required by Code section 229.22 as amended by the bill. Violations of the requirements of Code chapter 135B are governed by Code section 135B.6.
   Under the bill, if a peace officer delivers a person to a hospital for emergency hospitalization for a serious mental impairment, and the peace officer indicates the person is to be arrested upon discharge or release from the hospital, the hospital shall contact the law enforcement agency that employs the peace officer by telephone and electronic mail at least six hours prior to the planned discharge or release of the person from the hospital. The bill provides that if the law enforcement agency does not retrieve the person prior to the time of the planned discharge or release, the person may be discharged or released as planned.