House
File
2386
-
Introduced
HOUSE
FILE
2386
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2042)
A
BILL
FOR
An
Act
relating
to
disclosure
of
psychological
test
material.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
5540HV
(2)
89
dg/rh
H.F.
2386
Section
1.
Section
228.9,
Code
2022,
is
amended
to
read
as
1
follows:
2
228.9
Disclosure
of
psychological
test
material.
3
1.
Except
as
otherwise
provided
in
this
section
,
a
person
in
4
possession
of
psychological
test
material
shall
not
disclose
5
the
material
to
any
other
person,
including
the
individual
6
who
is
a
subject
of
the
test.
In
addition,
the
test
material
7
shall
not
be
disclosed
in
any
administrative,
judicial,
or
8
legislative
proceeding.
However,
upon
9
2.
Upon
the
request
of
an
individual
who
is
the
subject
of
10
a
test,
all
records
associated
with
a
psychological
test
of
11
that
individual
shall
be
disclosed
to
a
psychologist
licensed
12
pursuant
to
chapter
154B
designated
by
the
individual.
An
13
individual’s
request
for
the
records
shall
be
in
writing
and
14
shall
comply
with
the
requirements
of
section
228.3
,
relating
15
to
voluntary
disclosures
of
mental
health
information,
except
16
that
the
individual
shall
not
have
the
right
to
inspect
the
17
test
materials.
18
3.
Unless
otherwise
ordered
by
a
court,
subsection
1
shall
19
not
apply
in
a
civil
action
if
a
demand
for
psychological
test
20
material
has
been
made
pursuant
to
a
discovery
request
or
a
21
subpoena
issued
in
litigation
and
the
cognitive
abilities
of
22
the
individual
who
is
the
subject
of
the
test
are
at
issue
in
23
the
litigation.
24
4.
If
a
court,
in
a
civil
action
involving
sexual
abuse,
25
receives
test
material
from
the
subject
of
the
test,
the
26
psychological
test
material
shall
be
sealed
by
a
protective
27
order
and
barred
from
disclosure
to
any
person
not
directly
28
involved
in
the
litigation.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
disclosures
of
psychological
test
33
material.
34
The
bill
allows
a
person
in
possession
of
psychological
test
35
-1-
LSB
5540HV
(2)
89
dg/rh
1/
2
H.F.
2386
material,
unless
otherwise
ordered
by
a
court,
to
disclose
1
the
psychological
test
material
of
an
individual
if
a
demand
2
for
psychological
test
material
has
been
made
pursuant
to
a
3
discovery
request
or
a
subpoena
issued
in
litigation
in
a
civil
4
action
and
the
cognitive
abilities
of
the
individual
who
is
the
5
subject
of
the
test
are
at
issue
in
the
litigation.
6
The
bill
provides
that
a
court
shall
seal
psychological
7
test
material
by
a
protective
order
and
bar
such
material
8
from
disclosure
to
any
person
not
directly
involved
in
the
9
litigation
if,
in
a
civil
action
involving
sexual
abuse,
the
10
court
receives
such
material
from
the
subject
of
the
test.
11
-2-
LSB
5540HV
(2)
89
dg/rh
2/
2