HF 2366 (LSB 5005HV (2) 86)

HOUSE FILE 2366

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO HF 2040)

A BILL FOR

An Act relating to the exercise of a mental health advocate’s duties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 229.19, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  An advocate shall have exclusive control over the performance of the advocate’s duties and responsibilities, provided that the advocate performs the advocate’s duties in accordance with all of the following:
   a.  The duties enumerated in subsection 1, paragraph “d”.
   b.  The guidelines and best practices for the performance of advocates’ duties as approved by the judicial council.
   c.  Rules relating to advocates adopted by the state mental health and disability services commission.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Under Code section 229.19, a mental health advocate is appointed by a county board of supervisors and assigned to a person who is involuntarily committed due to a serious mental illness. The advocate’s duties include assisting the person in understanding the commitment process, safeguarding the rights of the person, communicating with medical personnel treating the person, and reviewing the person’s medical records.
   This bill provides that a mental health advocate shall have exclusive control over the performance of the advocate’s duties and responsibilities provided the advocate performs the advocate’s duties in accordance with the duties enumerated for advocates under Code section 229.19, the related guidelines and best practices for the performance of advocates’ duties as approved by the judicial council, and rules relating to advocates adopted by the state mental health and disability services commission.