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