H.F. 2366 Section 1. Section 229.19, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6. An advocate shall have exclusive 3 control over the performance of the advocate’s duties and 4 responsibilities, provided that the advocate performs the 5 advocate’s duties in accordance with all of the following: 6 a. The duties enumerated in subsection 1, paragraph “d” . 7 b. The guidelines and best practices for the performance of 8 advocates’ duties as approved by the judicial council. 9 c. Rules relating to advocates adopted by the state mental 10 health and disability services commission. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 Under Code section 229.19, a mental health advocate is 15 appointed by a county board of supervisors and assigned to a 16 person who is involuntarily committed due to a serious mental 17 illness. The advocate’s duties include assisting the person in 18 understanding the commitment process, safeguarding the rights 19 of the person, communicating with medical personnel treating 20 the person, and reviewing the person’s medical records. 21 This bill provides that a mental health advocate shall 22 have exclusive control over the performance of the advocate’s 23 duties and responsibilities provided the advocate performs the 24 advocate’s duties in accordance with the duties enumerated for 25 advocates under Code section 229.19, the related guidelines 26 and best practices for the performance of advocates’ duties 27 as approved by the judicial council, and rules relating to 28 advocates adopted by the state mental health and disability 29 services commission. 30 -1- LSB 5005HV (2) 86 rh/rj 1/ 1