Senate Study Bill 3151 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON MATHIS) 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 6012SC (2) 86 rh/nh
S.F. _____ 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 to 4 comply with the course of treatment results in behavior by the 5 respondent which, in the opinion of the respondent’s outpatient 6 treatment provider, is likely to result in physical injury to 7 the respondent’s self or others if allowed to continue, all of 8 the following shall occur: 9 (1) The respondent’s outpatient treatment provider shall 10 notify the committing judge in the appropriate county who 11 shall enter a written order directing that the respondent be 12 taken into immediate custody by the appropriate sheriff or 13 sheriff’s deputy. The appropriate sheriff or sheriff’s deputy 14 shall exercise all due diligence in taking the respondent into 15 protective custody to a hospital or other suitable facility. 16 (2) Once in protective custody, the respondent shall be 17 given the choice of being treated by the appropriate medication 18 which may include the use of injectable antipsychotic 19 medicine by an outpatient treatment provider at an outpatient 20 psychiatric clinic, hospital, or other suitable facility or 21 being placed for treatment under the care of a hospital or 22 other suitable facility for inpatient treatment. 23 (3) If the respondent chooses to be treated by the 24 appropriate medication which may include the use of injectable 25 antipsychotic medicine but the outpatient treatment provider at 26 the outpatient psychiatric clinic, hospital, or other suitable 27 facility determines that the respondent’s behavior continues 28 to be likely to result in physical injury to the respondent’s 29 self or others if allowed to continue, the outpatient treatment 30 provider shall comply with the provisions of subparagraph (1) 31 and, following notice and hearing held in accordance with 32 the procedures in section 229.12, the court may order the 33 respondent treated on an inpatient basis requiring full-time 34 custody, care, and treatment in a hospital until such time as 35 -1- LSB 6012SC (2) 86 rh/nh 1/ 3
S.F. _____ the chief medical officer reports that the respondent does not 1 require further treatment for serious mental impairment or has 2 indicated the respondent is willing to submit to treatment on 3 another basis as ordered by the court. 4 b. A region shall contract with outpatient treatment 5 providers to provide the appropriate treatment including 6 treatment by the use of injectable antipsychotic medicine 7 pursuant to this section. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill concerns outpatient treatment of a person with 12 a serious mental impairment who fails to comply with an 13 outpatient treatment order. 14 The bill relates to a person (respondent) who is under 15 a court order to undergo outpatient treatment for mental 16 illness upon the conclusion of an involuntary hospitalization 17 proceeding. The bill provides that if the respondent fails to 18 comply with the course of treatment and that failure results 19 in behavior by the respondent which, in the opinion of the 20 respondent’s outpatient treatment provider, is likely to 21 result in physical injury to the respondent’s self or others 22 if allowed to continue, the respondent’s outpatient treatment 23 provider is required to notify the committing judge. The 24 committing judge shall enter a written order directing that the 25 respondent be taken into immediate custody by the appropriate 26 sheriff or sheriff’s deputy. Once in protective custody, the 27 respondent shall be given the choice of being treated by the 28 appropriate medication which may include the use of injectable 29 antipsychotic medicine by an outpatient treatment provider 30 or being placed for treatment under the care of a hospital 31 or other suitable facility for inpatient treatment. If the 32 respondent chooses to be treated by the appropriate medication 33 which may include the use of injectable antipsychotic medicine 34 but the outpatient treatment provider determines that the 35 -2- LSB 6012SC (2) 86 rh/nh 2/ 3
S.F. _____ respondent’s behavior continues to be likely to result in 1 physical injury to the respondent’s self or others if allowed 2 to continue, the outpatient treatment provider is required to 3 notify the committing judge who shall order the respondent be 4 taken into immediate custody. Following notice and hearing 5 held in accordance with the procedures in Code section 229.12 6 (hospitalization hearing procedure), the court may order the 7 respondent treated on an inpatient basis requiring full-time 8 custody, care, and treatment in a hospital. 9 The bill requires a mental health and disability services 10 region to contract with outpatient treatment providers to 11 provide outpatient treatment by the appropriate medication 12 which may include treatment by the use of injectable 13 antipsychotic medicine. 14 -3- LSB 6012SC (2) 86 rh/nh 3/ 3