S.F. 2250 Section 1. Section 228.1, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3A. “Law enforcement professional” means a 3 member of a police force or other agency or department of the 4 state, county, city, or tribal government regularly employed as 5 such and who is responsible for the prevention and detection of 6 crime and the enforcement of the criminal laws of this state. 7 Sec. 2. NEW SECTION . 228.7A Disclosures to law enforcement 8 professionals. 9 Mental health information relating to an individual may be 10 disclosed by mental health professionals to a law enforcement 11 professional if and to the extent necessary to prevent a 12 serious and imminent threat to the health or safety of the 13 individual or others. 14 Sec. 3. Section 229.1, Code 2018, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 08. “Law enforcement professional” means 17 the same as defined in section 228.1 18 Sec. 4. Section 229.14B, Code 2018, is amended to read as 19 follows: 20 229.14B Escape from custody. 21 1. For purposes of this section, “member of the person’s 22 immediate family” means a spouse, child, stepchild, brother, 23 brother-in-law, stepbrother, sister, sister-in-law, stepsister, 24 parent, parent-in-law, stepparent, or a guardian. 25 2. A person who is placed in a hospital or other suitable 26 facility for evaluation under section 229.13 or who is required 27 to remain hospitalized for treatment under section 229.14 28 shall remain at that hospital or facility unless discharged or 29 otherwise permitted to leave by the court or the chief medical 30 officer of the hospital or facility. 31 3. If a person placed at a hospital or facility or required 32 to remain at a hospital or facility leaves the facility without 33 permission or without having been discharged, the chief medical 34 officer may notify shall within thirty minutes do all of the 35 -1- LSB 5532XS (4) 87 hb/jh 1/ 5

S.F. 2250 following: 1 a. Notify the sheriff or law enforcement professional of the 2 person’s absence and provide the sheriff or the law enforcement 3 professional with all of the following: 4 (1) A photograph of the person. 5 (2) The person’s height and weight. 6 (3) Any telephone numbers associated with the person. 7 (4) Mental health information to the extent permitted under 8 section 228.7A. 9 b. Notify the members of the person’s immediate family. 10 4. The sheriff or law enforcement professional shall take 11 the person into custody and return the person promptly to the 12 hospital or facility. 13 Sec. 5. NEW SECTION . 229.14C Database. 14 1. The department of public safety shall develop and 15 maintain a searchable database of information collected 16 from the courts related to voluntarily and involuntarily 17 hospitalized patients. Access to the database shall be limited 18 to law enforcement agencies and professionals, the court, and 19 mental health professionals. 20 2. The department of public safety shall adopt rules under 21 chapter 17A, as necessary, to provide guidelines for persons 22 required to assist in obtaining database information, and 23 to provide a procedure for the dissemination of information 24 contained in the database. The department, in developing the 25 procedure, shall consult with associations which represent 26 the interests of law enforcement officers, mental health 27 professionals, and court officials. Rules adopted shall 28 also include a procedure for removal of information from the 29 database upon the release of a person from a hospital or 30 facility. 31 Sec. 6. NEW SECTION . 229.14D Cellular telephone location. 32 1. If a person placed at a hospital or facility or required 33 to remain at a hospital or facility leaves the facility without 34 permission or without having been discharged, the sheriff 35 -2- LSB 5532XS (4) 87 hb/jh 2/ 5

S.F. 2250 or law enforcement officer may request the location of the 1 cellular telephone of the person pursuant to section 34A.16. 2 Sec. 7. CODE EDITOR DIRECTIVE. 3 1. The Code editor may make the following transfers: 4 a. Section 229.14A to section 229.14B. 5 b. Section 229.14B to section 229.14C. 6 c. Section 229.14C to section 229.14A. 7 2. The Code editor shall correct internal references in the 8 Code and in any enacted legislation as necessary due to the 9 enactment of this section. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to unauthorized departures by persons 14 involuntarily hospitalized, including notification 15 requirements, the creation of a statewide database, and call 16 location information from wireless communications services 17 providers. 18 Under Code chapter 228, a mental health professional, data 19 collector, or employee or agent thereof, is prohibited from 20 disclosing or allowing the disclosure of an individual’s 21 mental health information without the individual’s consent or 22 written authorization. “Mental health information” is defined 23 in Code section 228.1 to mean oral, written, or recorded 24 information which indicates the identity of an individual 25 receiving professional services and which relates to the 26 diagnosis, course, or treatment of the individual’s mental 27 or emotional condition. However, disclosure of such mental 28 health information without the individual’s consent or written 29 authorization is allowed under certain circumstances, including 30 for certain administrative disclosures to other mental health 31 providers for administrative and professional services to 32 the individual and to meet certain compulsory disclosure 33 requirements pursuant to state or federal law. In addition, 34 the disclosure of certain limited mental health information is 35 -3- LSB 5532XS (4) 87 hb/jh 3/ 5

S.F. 2250 allowed to authorized family members without the individual’s 1 consent or written authorization in some circumstances. 2 The bill allows for the disclosure of mental health 3 information by a mental health professional relating to 4 an individual without the individual’s consent or written 5 permission to a law enforcement professional to the extent 6 necessary to prevent a serious and imminent threat to the 7 health and safety of the individual or others. 8 Under current law, if a person placed at a hospital or 9 facility or required to remain at a hospital or facility 10 leaves the facility without permission or without having been 11 discharged, the chief medical officer may notify the sheriff of 12 the person’s absence and the sheriff is required to take the 13 person into custody and return the person to the hospital or 14 facility. 15 The bill amends current law to require the chief medical 16 officer to notify the sheriff and the person’s parent or 17 guardian and immediate family members. The bill requires the 18 chief medical officer to provide the sheriff a photograph of 19 the person and the person’s height, weight, and mental health 20 information to the extent permitted by law. The sheriff is 21 required to take the person into custody and return the person 22 to the hospital or facility. 23 The bill requires the department of public safety (DPS) 24 to develop and maintain a searchable database of information 25 collected from the courts related to voluntarily and 26 involuntarily hospitalized patients. Access to the database 27 is limited to law enforcement agencies and professionals, the 28 court, and mental health professionals. The bill directs DPS 29 to adopt rules pursuant to Code chapter 17A, as necessary, to 30 provide guidelines for persons required to assist in obtaining 31 database information, and to provide a procedure for the 32 dissemination of information contained in the database. DPS 33 shall consult with associations which represent the interests 34 of law enforcement officers, mental health professionals, and 35 -4- LSB 5532XS (4) 87 hb/jh 4/ 5

S.F. 2250 court officials. The bill provides the rules adopted shall 1 also include a procedure for removal of information from the 2 database upon the release of a person from a hospital or 3 facility. 4 The bill provides if a person placed at a hospital or 5 facility or required to remain at a hospital or facility 6 leaves the facility without permission or without having been 7 discharged, the sheriff or law enforcement professional may 8 request the location of the cellular telephone of the person 9 pursuant to Code section 34A.16. Under Code section 34A.16, a 10 wireless communications provider is required to provide call 11 location information concerning a device to a law enforcement 12 agency or officer or a public safety answering point upon a 13 request for that information if the law enforcement agency or 14 public safety answering point determines the information is 15 needed in an emergency situation that involves the risk of 16 death or serious physical harm. 17 -5- LSB 5532XS (4) 87 hb/jh 5/ 5