Senate File 453 - Introduced SENATE FILE 453 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 75) A BILL FOR An Act relating to the disclosure of mental health information 1 to law enforcement professionals. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1100SV (2) 87 hb/rh/rj

S.F. 453 Section 1. Section 228.1, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3A. “ Law enforcement professional” means 3 a law enforcement officer as defined in section 80B.3, county 4 attorney as defined in section 331.101, probation or parole 5 officer, or jailer. 6 Sec. 2. NEW SECTION . 228.7A Disclosures to law enforcement 7 professionals. 8 1. Mental health information relating to an individual 9 shall be disclosed by a mental health professional, at the 10 minimum consistent with applicable laws and standards of 11 ethical conduct, to a law enforcement professional if all of 12 the following apply: 13 a. The disclosure is made in good faith. 14 b. The disclosure is necessary to prevent or lessen a 15 serious and imminent threat to the health or safety of the 16 individual or to a clearly identifiable victim or victims. 17 c. The individual has the apparent intent and ability to 18 carry out the threat. 19 2. A mental health professional shall not be held criminally 20 or civilly liable for failure to disclose mental health 21 information relating to an individual to a law enforcement 22 professional except in circumstances where the individual has 23 communicated to the mental health professional an imminent 24 threat of physical violence against the individual’s self or 25 against a clearly identifiable victim or victims. 26 3. A mental health professional discharges the 27 professional’s duty to disclose pursuant to subsection 1 by 28 making reasonable efforts to communicate the threat to a law 29 enforcement professional. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the disclosure of mental health 34 information to law enforcement professionals. 35 -1- LSB 1100SV (2) 87 hb/rh/rj 1/ 3

S.F. 453 Under Code chapter 228, a mental health professional, data 1 collector, or employee or agent thereof, is prohibited from 2 disclosing or allowing the disclosure of an individual’s 3 mental health information without the individual’s consent or 4 written authorization. However, disclosure of such mental 5 health information without the individual’s consent or written 6 authorization is allowed under certain circumstances, including 7 for certain administrative disclosures to other mental health 8 providers for administrative and professional services to 9 the individual and to meet certain compulsory disclosure 10 requirements pursuant to state or federal law. In addition, 11 the disclosure of certain limited mental health information is 12 allowed to authorized family members without the individual’s 13 consent or written authorization in some circumstances. 14 The bill provides that a mental health professional shall 15 disclose mental health information, at the minimum consistent 16 with applicable laws and standards of ethical conduct, relating 17 to an individual without the individual’s consent or written 18 permission to a law enforcement professional if the disclosure 19 is made in good faith, is necessary to prevent or lessen a 20 serious and imminent threat to the health or safety of the 21 individual or to a clearly identifiable victim or victims, 22 and the individual has the apparent intent and ability to 23 carry out the threat. The bill provides that a mental health 24 professional shall not be held criminally or civilly liable 25 for failure to disclose mental health information relating 26 to an individual to a law enforcement professional except in 27 circumstances where the individual has communicated to the 28 mental health professional an imminent threat of physical 29 violence against the individual’s self or against a clearly 30 identifiable victim or victims. The bill provides that a 31 mental health professional discharges the professional’s duty 32 to disclose under the bill by making reasonable efforts to 33 communicate the threat to a law enforcement professional. 34 The bill defines “law enforcement professional” to mean 35 -2- LSB 1100SV (2) 87 hb/rh/rj 2/ 3

S.F. 453 a law enforcement officer as defined in Code section 80B.3 1 (an officer appointed by the director of the department of 2 natural resources, a member of the police force or other 3 agency or department of the state, county, city, or tribal 4 government regularly employed as such and who is responsible 5 for the prevention and detection of crime and the enforcement 6 of the criminal laws of this state and all individuals, as 7 determined by the council, who by the nature of their duties 8 may be required to perform the duties of a peace officer), 9 county attorney as defined in Code section 331.101 (the 10 county attorney, a deputy county attorney or an assistant 11 county attorney designated by the county attorney), probation 12 or parole officer, or jailer. “Mental health information” 13 is defined in Code section 228.1 to mean oral, written, 14 or recorded information which indicates the identity of an 15 individual receiving professional services and which relates to 16 the diagnosis, course, or treatment of the individual’s mental 17 or emotional condition. 18 -3- LSB 1100SV (2) 87 hb/rh/rj 3/ 3