Senate File 2259 - Introduced SENATE FILE 2259 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 3151) A BILL FOR An Act concerning treatment of a person with a serious mental 1 impairment who fails to comply with an outpatient treatment 2 order. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6012SV (2) 86 rh/nh

S.F. 2259 Section 1. Section 229.13, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7. a. If the respondent is ordered to 3 undergo outpatient treatment and the respondent’s failure 4 to comply with the course of treatment results in behavior 5 by the respondent which, in the opinion of the respondent’s 6 mental health professional acting within the scope of the 7 mental health professional’s practice, is likely to result in 8 physical injury to the respondent’s self or others if allowed 9 to continue, all of the following shall occur: 10 (1) The respondent’s mental health professional acting 11 within the scope of the mental health professional’s practice 12 shall notify the committing judge in the appropriate county 13 who shall enter a written order directing that the respondent 14 be taken into immediate custody by the appropriate sheriff or 15 sheriff’s deputy. The appropriate sheriff or sheriff’s deputy 16 shall exercise all due diligence in taking the respondent into 17 protective custody to a hospital or other suitable facility. 18 (2) Once in protective custody, the respondent shall be 19 given the choice of being treated by the appropriate medication 20 which may include the use of injectable antipsychotic medicine 21 by a mental health professional acting within the scope of 22 the mental health professional’s practice at an outpatient 23 psychiatric clinic, hospital, or other suitable facility or 24 being placed for treatment under the care of a hospital or 25 other suitable facility for inpatient treatment. 26 (3) If the respondent chooses to be treated by the 27 appropriate medication which may include the use of injectable 28 antipsychotic medicine but the mental health professional 29 acting within the scope of the mental health professional’s 30 practice at the outpatient psychiatric clinic, hospital, or 31 other suitable facility determines that the respondent’s 32 behavior continues to be likely to result in physical injury 33 to the respondent’s self or others if allowed to continue, 34 the mental health professional acting within the scope of 35 -1- LSB 6012SV (2) 86 rh/nh 1/ 3

S.F. 2259 the mental health professional’s practice shall comply with 1 the provisions of subparagraph (1) and, following notice and 2 hearing held in accordance with the procedures in section 3 229.12, the court may order the respondent treated on an 4 inpatient basis requiring full-time custody, care, and 5 treatment in a hospital until such time as the chief medical 6 officer reports that the respondent does not require further 7 treatment for serious mental impairment or has indicated the 8 respondent is willing to submit to treatment on another basis 9 as ordered by the court. 10 b. A region shall contract with mental health professionals 11 to provide the appropriate treatment including treatment by 12 the use of injectable antipsychotic medicine pursuant to this 13 section. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill concerns outpatient treatment of a person with 18 a serious mental impairment who fails to comply with an 19 outpatient treatment order. 20 The bill relates to a person (respondent) who is under 21 a court order to undergo outpatient treatment for mental 22 illness upon the conclusion of an involuntary hospitalization 23 proceeding. The bill provides that if the respondent fails 24 to comply with the course of treatment and that failure 25 results in behavior by the respondent which, in the opinion 26 of the respondent’s mental health professional, is likely 27 to result in physical injury to the respondent’s self or 28 others if allowed to continue, the respondent’s mental health 29 professional is required to notify the committing judge. The 30 committing judge shall enter a written order directing that the 31 respondent be taken into immediate custody by the appropriate 32 sheriff or sheriff’s deputy. Once in protective custody, the 33 respondent shall be given the choice of being treated by the 34 appropriate medication which may include the use of injectable 35 -2- LSB 6012SV (2) 86 rh/nh 2/ 3

S.F. 2259 antipsychotic medicine by a mental health professional or being 1 placed for treatment under the care of a hospital or other 2 suitable facility for inpatient treatment. If the respondent 3 chooses to be treated by the appropriate medication which may 4 include the use of injectable antipsychotic medicine but the 5 mental health professional determines that the respondent’s 6 behavior continues to be likely to result in physical injury 7 to the respondent’s self or others if allowed to continue, the 8 mental health professional is required to notify the committing 9 judge who shall order the respondent be taken into immediate 10 custody. Following notice and hearing held in accordance 11 with the procedures in Code section 229.12 (hospitalization 12 hearing procedure), the court may order the respondent treated 13 on an inpatient basis requiring full-time custody, care, and 14 treatment in a hospital. 15 The bill requires a mental health and disability services 16 region to contract with mental health professionals to provide 17 outpatient treatment by the appropriate medication which may 18 include treatment by the use of injectable antipsychotic 19 medicine. 20 -3- LSB 6012SV (2) 86 rh/nh 3/ 3