Senate
File
2212
-
Introduced
SENATE
FILE
2212
BY
BOLKCOM
A
BILL
FOR
An
Act
relating
to
persons
hospitalized
for
mental
illness.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
229.1,
subsection
20,
Code
2018,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
d.
Has
a
history
of
lack
of
compliance
with
3
treatment
and
any
of
the
following
apply:
4
(1)
Lack
of
compliance
has
been
a
significant
factor
in
the
5
need
for
emergency
hospitalization.
6
(2)
Lack
of
compliance
has
resulted
in
one
or
more
acts
of
7
serious
physical
injury
to
the
person’s
self
or
others
or
an
8
attempt
to
physically
injure
the
person’s
self
or
others.
9
Sec.
2.
Section
229.13,
subsection
7,
paragraph
a,
10
subparagraphs
(2)
and
(3),
Code
2018,
are
amended
to
read
as
11
follows:
12
(2)
Once
in
protective
custody,
the
respondent
shall
be
13
given
the
choice
of
being
treated
by
the
appropriate
medication
14
which
may
include
the
use
of
oral
medicine
or
injectable
15
antipsychotic
medicine
by
a
mental
health
professional
acting
16
within
the
scope
of
the
mental
health
professional’s
practice
17
at
an
outpatient
psychiatric
clinic,
hospital,
or
other
18
suitable
facility
or
being
placed
for
treatment
under
the
19
care
of
a
hospital
or
other
suitable
facility
for
inpatient
20
treatment.
21
(3)
If
the
respondent
chooses
to
be
treated
by
the
22
appropriate
medication
which
may
include
the
use
of
oral
23
medicine
or
injectable
antipsychotic
medicine
but
the
mental
24
health
professional
acting
within
the
scope
of
the
mental
25
health
professional’s
practice
at
the
outpatient
psychiatric
26
clinic,
hospital,
or
other
suitable
facility
determines
that
27
the
respondent’s
behavior
continues
to
be
likely
to
result
in
28
physical
injury
to
the
respondent’s
self
or
others
if
allowed
29
to
continue,
the
mental
health
professional
acting
within
30
the
scope
of
the
mental
health
professional’s
practice
shall
31
comply
with
the
provisions
of
subparagraph
(1)
and,
following
32
notice
and
hearing
held
in
accordance
with
the
procedures
in
33
section
229.12
,
the
court
may
order
the
respondent
treated
34
on
an
inpatient
basis
requiring
full-time
custody,
care,
and
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treatment
in
a
hospital
until
such
time
as
the
chief
medical
1
officer
reports
that
the
respondent
does
not
require
further
2
treatment
for
serious
mental
impairment
or
has
indicated
the
3
respondent
is
willing
to
submit
to
treatment
on
another
basis
4
as
ordered
by
the
court.
5
Sec.
3.
Section
229.13,
subsection
7,
paragraph
b,
Code
6
2018,
is
amended
to
read
as
follows:
7
b.
A
region
shall
contract
with
mental
health
professionals
8
to
provide
the
appropriate
treatment
including
treatment
by
9
the
use
of
oral
medicine
or
injectable
antipsychotic
medicine
10
pursuant
to
this
section
.
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
This
bill
relates
to
the
hospitalization
of
a
person
with
a
15
mental
illness.
16
Under
Code
chapter
229
(hospitalization
of
persons
with
17
mental
illness),
a
person
may
be
committed
for
treatment
18
if
the
person
is
seriously
mentally
impaired.
A
person
19
is
seriously
mentally
impaired
if
the
person
has
a
mental
20
illness,
and
because
of
that
illness
lacks
sufficient
judgment
21
to
make
responsible
decisions
with
respect
to
the
person’s
22
hospitalization
or
treatment,
and
because
of
that
illness
is
23
likely
to
physically
injure
the
person’s
self
or
others,
is
24
likely
to
seriously
emotionally
injure
others,
or
is
unable
25
to
satisfy
the
person’s
basic
needs.
The
bill
expands
the
26
definition
of
seriously
mentally
impaired
to
include
a
person
27
who
has
a
mental
illness,
because
of
that
illness
lacks
28
sufficient
judgment
to
make
responsible
decisions
with
respect
29
to
the
person’s
hospitalization
or
treatment,
and
who
because
30
of
that
illness
has
a
history
of
a
lack
of
compliance
with
31
treatment
and
the
lack
of
compliance
has
been
a
significant
32
factor
in
the
need
for
emergency
hospitalization
or
resulted
33
in
one
or
more
acts
of
serious
physical
injury
to
the
person’s
34
self
or
others
or
an
attempt
to
seriously
physically
injure
the
35
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person’s
self
or
others.
1
Under
current
law,
if
a
respondent
has
been
ordered
to
2
undergo
outpatient
treatment
and
fails
to
comply,
and
the
3
failure
to
comply
is
likely
to
result
in
physical
injury,
4
a
court
shall
order
the
person
to
be
taken
into
physical
5
custody.
A
respondent
may
choose
to
be
treated
by
the
6
appropriate
medication
which
may
include
the
use
of
injectable
7
antipsychotic
medicine.
The
bill
provides
that
appropriate
8
medication
may
also
include
the
use
of
oral
medicine.
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