SF 2250 (LSB 5532XS (4) 87)

SENATE FILE 2250

BY  DVORSKY

A BILL FOR

An Act relating to unauthorized departures by persons involuntarily hospitalized, including notification requirements, the creation of a statewide database, and call location information from wireless communications service providers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 228.1, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  “Law enforcement professional” means a member of a police force or other agency or department of the state, county, city, or tribal government regularly employed as such and who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state.
    Sec. 2.  NEW SECTION.  228.7A  Disclosures to law enforcement professionals.
   Mental health information relating to an individual may be disclosed by mental health professionals to a law enforcement professional if and to the extent necessary to prevent a serious and imminent threat to the health or safety of the individual or others.
    Sec. 3.  Section 229.1, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  08.  “Law enforcement professional” means the same as defined in section 228.1
    Sec. 4.  Section 229.14B, Code 2018, is amended to read as follows:
   229.14B  Escape from custody.
   1.  For purposes of this section, “member of the person’s immediate family” means a spouse, child, stepchild, brother, brother-in-law, stepbrother, sister, sister-in-law, stepsister, parent, parent-in-law, stepparent, or a guardian.
   2.  A person who is placed in a hospital or other suitable facility for evaluation under section 229.13 or who is required to remain hospitalized for treatment under section 229.14 shall remain at that hospital or facility unless discharged or otherwise permitted to leave by the court or the chief medical officer of the hospital or facility.
   3.  If a person placed at a hospital or facility or required to remain at a hospital or facility leaves the facility without permission or without having been discharged, the chief medical officer may notify shall within thirty minutes do all of the following:
   a.  Notify the sheriff or law enforcement professional of the person’s absence and provide the sheriff or the law enforcement professional with all of the following:
   (1)  A photograph of the person.
   (2)  The person’s height and weight.
   (3)  Any telephone numbers associated with the person.
   (4)  Mental health information to the extent permitted under section 228.7A.
   b.  Notify the members of the person’s immediate family.
   4.  The sheriff or law enforcement professional shall take the person into custody and return the person promptly to the hospital or facility.
    Sec. 5.  NEW SECTION.  229.14C  Database.
   1.  The department of public safety shall develop and maintain a searchable database of information collected from the courts related to voluntarily and involuntarily hospitalized patients. Access to the database shall be limited to law enforcement agencies and professionals, the court, and mental health professionals. 
   2.  The department of public safety shall adopt rules under chapter 17A, as necessary, to provide guidelines for persons required to assist in obtaining database information, and to provide a procedure for the dissemination of information contained in the database. The department, in developing the procedure, shall consult with associations which represent the interests of law enforcement officers, mental health professionals, and court officials. Rules adopted shall also include a procedure for removal of information from the database upon the release of a person from a hospital or facility.
    Sec. 6.  NEW SECTION.  229.14D  Cellular telephone location.
   1.  If a person placed at a hospital or facility or required to remain at a hospital or facility leaves the facility without permission or without having been discharged, the sheriff or law enforcement officer may request the location of the cellular telephone of the person pursuant to section 34A.16.
    Sec. 7.  CODE EDITOR DIRECTIVE.
   1.  The Code editor may make the following transfers:
   a.  Section 229.14A to section 229.14B.
   b.  Section 229.14B to section 229.14C.
   c.  Section 229.14C to section 229.14A.
   2.  The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the enactment of this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to unauthorized departures by persons involuntarily hospitalized, including notification requirements, the creation of a statewide database, and call location information from wireless communications services providers.
   Under Code chapter 228, a mental health professional, data collector, or employee or agent thereof, is prohibited from disclosing or allowing the disclosure of an individual’s mental health information without the individual’s consent or written authorization. “Mental health information” is defined in Code section 228.1 to mean oral, written, or recorded information which indicates the identity of an individual receiving professional services and which relates to the diagnosis, course, or treatment of the individual’s mental or emotional condition. However, disclosure of such mental health information without the individual’s consent or written authorization is allowed under certain circumstances, including for certain administrative disclosures to other mental health providers for administrative and professional services to the individual and to meet certain compulsory disclosure requirements pursuant to state or federal law. In addition, the disclosure of certain limited mental health information is allowed to authorized family members without the individual’s consent or written authorization in some circumstances.
   The bill allows for the disclosure of mental health information by a mental health professional relating to an individual without the individual’s consent or written permission to a law enforcement professional to the extent necessary to prevent a serious and imminent threat to the health and safety of the individual or others. 
   Under current law, if a person placed at a hospital or facility or required to remain at a hospital or facility leaves the facility without permission or without having been discharged, the chief medical officer may notify the sheriff of the person’s absence and the sheriff is required to take the person into custody and return the person to the hospital or facility.
   The bill amends current law to require the chief medical officer to notify the sheriff and the person’s parent or guardian and immediate family members. The bill requires the chief medical officer to provide the sheriff a photograph of the person and the person’s height, weight, and mental health information to the extent permitted by law. The sheriff is required to take the person into custody and return the person to the hospital or facility.
   The bill requires the department of public safety (DPS) to develop and maintain a searchable database of information collected from the courts related to voluntarily and involuntarily hospitalized patients. Access to the database is limited to law enforcement agencies and professionals, the court, and mental health professionals. The bill directs DPS to adopt rules pursuant to Code chapter 17A, as necessary, to provide guidelines for persons required to assist in obtaining database information, and to provide a procedure for the dissemination of information contained in the database. DPS shall consult with associations which represent the interests of law enforcement officers, mental health professionals, and court officials. The bill provides the rules adopted shall also include a procedure for removal of information from the database upon the release of a person from a hospital or facility.
   The bill provides if a person placed at a hospital or facility or required to remain at a hospital or facility leaves the facility without permission or without having been discharged, the sheriff or law enforcement professional may request the location of the cellular telephone of the person pursuant to Code section 34A.16. Under Code section 34A.16, a wireless communications provider is required to provide call location information concerning a device to a law enforcement agency or officer or a public safety answering point upon a request for that information if the law enforcement agency or public safety answering point determines the information is needed in an emergency situation that involves the risk of death or serious physical harm.