House
File
2039
-
Introduced
HOUSE
FILE
2039
BY
RIZER
A
BILL
FOR
An
Act
relating
to
the
mandatory
disclosure
of
certain
mental
1
health
information
by
a
health
care
provider.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
228.6A
Mandatory
disclosure
and
1
civil
commitment
process
——
health
care
providers
——
immunity.
2
1.
For
purposes
of
this
section:
3
a.
“Health
care
provider”
means
a
person
licensed
under
4
chapter
148,
148C,
or
152,
or
a
mental
health
professional
as
5
defined
in
section
228.1.
6
b.
“Immediate
family
member”
means
a
spouse;
natural
or
7
adoptive
parent,
child,
or
sibling;
or
stepparent,
stepchild,
8
or
stepsibling.
9
2.
If
a
health
care
provider,
while
providing
care
10
and
treatment
to
a
person
eighteen
years
of
age
or
older,
11
determines
that
such
person
is
likely
to
seriously
physically
12
injure
the
person’s
self
as
manifested
by
threats
of,
or
13
attempts
at,
suicide
or
serious
physical
injury,
the
health
14
care
provider
shall
provide
the
person’s
immediate
family
15
member,
upon
request
of
the
person’s
immediate
family
member,
16
with
information
relating
to
the
involuntary
civil
commitment
17
process
established
under
chapter
229.
18
3.
A
health
care
provider
who
discloses
information
19
pursuant
to
this
section,
acting
reasonably
and
in
good
20
faith,
shall
be
immune
with
respect
to
all
civil
or
criminal
21
penalties,
claims,
or
actions
of
any
kind.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
mandatory
disclosure
of
certain
26
mental
health
information
by
a
health
care
provider.
27
The
bill
provides
that
a
health
care
provider,
while
28
providing
care
and
treatment
to
a
person
18
years
of
age
or
29
older,
who
determines
that
such
person
is
likely
to
seriously
30
physically
injure
the
person’s
self
as
manifested
by
threats
31
of,
or
attempts
at,
suicide
or
serious
physical
injury,
is
32
required
to
provide
the
person’s
immediate
family
member,
33
upon
request
of
the
person’s
immediate
family
member,
with
34
information
relating
to
the
involuntary
civil
commitment
35
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2039
process
established
under
Code
chapter
229.
The
bill
provides
1
that
a
health
care
provider
who
discloses
such
information,
2
reasonably
and
in
good
faith,
is
immune
with
respect
to
all
3
civil
or
criminal
penalties,
claims,
or
actions
of
any
kind.
4
The
bill
defines
“health
care
provider”
as
a
person
licensed
5
under
Code
chapter
148
(medical
doctors
and
osteopathic
6
doctors),
148C
(physician
assistants),
152
(nurses
including
7
advanced
registered
nurse
practitioners),
or
a
mental
health
8
professional
as
defined
in
Code
section
228.1.
The
bill
9
defines
“immediate
family
member”
as
a
spouse;
natural
or
10
adoptive
parent,
child,
or
sibling;
or
stepparent,
stepchild,
11
or
stepsibling.
12
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