Senate
File
526
-
Introduced
SENATE
FILE
526
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SSB
1234)
A
BILL
FOR
An
Act
relating
to
the
emergency
detention
of
a
person
1
experiencing
a
mental
health
or
substance
use
crisis
and
2
access
centers.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2586SV
(1)
89
dg/rh
S.F.
526
Section
1.
Section
125.34,
subsections
1,
2,
3,
4,
6,
and
7,
1
Code
2021,
are
amended
to
read
as
follows:
2
1.
A
person
with
a
substance-related
disorder
due
to
3
intoxication
or
substance-induced
incapacitation
may
come
4
voluntarily
to
a
facility
for
emergency
treatment.
A
person
5
who
appears
to
be
intoxicated
or
incapacitated
by
a
substance
6
in
a
public
place
and
in
need
of
help
may
be
taken
to
a
facility
7
or
an
access
center
by
a
peace
officer
under
section
125.91
.
8
If
the
person
refuses
the
proffered
help,
the
person
may
be
9
arrested
and
charged
with
intoxication
under
section
123.46
,
10
if
applicable.
11
2.
If
no
facility
or
access
center
is
readily
available
12
the
person
may
be
taken
to
an
emergency
medical
service
13
customarily
used
for
incapacitated
persons.
The
peace
officer
14
in
detaining
the
person
and
in
taking
the
person
to
a
facility
15
or
an
access
center
shall
make
every
reasonable
effort
to
16
protect
the
person’s
health
and
safety.
In
detaining
the
17
person
the
detaining
officer
may
take
reasonable
steps
for
18
self-protection.
Detaining
a
person
under
section
125.91
is
19
not
an
arrest
and
no
entry
or
other
record
shall
be
made
to
20
indicate
that
the
person
who
is
detained
has
been
arrested
or
21
charged
with
a
crime.
22
3.
A
person
who
arrives
at
a
facility
or
an
access
center
23
and
voluntarily
submits
to
examination
shall
be
examined
by
a
24
licensed
physician
and
surgeon
or
osteopathic
physician
and
25
surgeon
or
mental
health
professional
as
soon
as
possible
after
26
the
person
arrives
at
the
facility
or
access
center
.
The
27
person
may
then
be
admitted
as
a
patient
or
referred
to
another
28
health
facility.
The
referring
facility
or
access
center
shall
29
arrange
for
transportation.
30
4.
If
a
person
is
voluntarily
admitted
to
a
facility
or
31
an
access
center
,
the
person’s
family
or
next
of
kin
shall
be
32
notified
as
promptly
as
possible.
If
an
adult
patient
who
is
33
not
incapacitated
requests
that
there
be
no
notification,
the
34
request
shall
be
respected.
35
-1-
LSB
2586SV
(1)
89
dg/rh
1/
11
S.F.
526
6.
If
the
physician
and
surgeon
or
osteopathic
physician
1
and
surgeon
in
charge
of
the
facility
or
access
center
2
determines
it
is
for
the
patient’s
benefit,
the
patient
shall
3
be
encouraged
to
agree
to
further
diagnosis
and
appropriate
4
voluntary
treatment.
5
7.
A
licensed
physician
and
surgeon
or
osteopathic
6
physician
and
surgeon,
mental
health
professional,
facility
7
administrator,
access
center
administrator,
or
an
employee
or
a
8
person
acting
as
or
on
behalf
of
an
access
center
administrator
9
or
an
employee
or
a
person
acting
as
or
on
behalf
of
the
10
facility
administrator,
is
not
criminally
or
civilly
liable
11
for
acts
in
conformity
with
this
chapter
,
unless
the
acts
12
constitute
willful
malice
or
abuse.
13
Sec.
2.
Section
125.34,
Code
2021,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
8.
For
the
purposes
of
this
section,
16
“access
center”
means
the
same
as
defined
in
section
331.388.
17
Sec.
3.
Section
125.91,
subsections
2,
3,
and
4,
Code
2021,
18
are
amended
to
read
as
follows:
19
2.
a.
A
peace
officer
who
has
reasonable
grounds
to
20
believe
that
the
circumstances
described
in
subsection
1
are
21
applicable
may,
without
a
warrant,
take
or
cause
that
person
22
to
be
taken
to
the
nearest
available
facility
referred
to
in
23
section
125.81,
subsection
2
,
paragraph
“b”
or
“c”
,
or
an
access
24
center
.
Such
a
person
with
a
substance-related
disorder
due
25
to
intoxication
or
substance-induced
incapacitation
who
also
26
demonstrates
a
significant
degree
of
distress
or
dysfunction
27
may
also
be
delivered
to
a
facility
or
an
access
center
by
28
someone
other
than
a
peace
officer
upon
a
showing
of
reasonable
29
grounds.
Upon
delivery
of
the
person
to
a
facility
or
an
30
access
center
under
this
section
,
the
attending
physician
31
and
surgeon
or
osteopathic
physician
and
surgeon
may
order
32
treatment
of
the
person,
but
only
to
the
extent
necessary
33
to
preserve
the
person’s
life
or
to
appropriately
control
34
the
person’s
behavior
if
the
behavior
is
likely
to
result
35
-2-
LSB
2586SV
(1)
89
dg/rh
2/
11
S.F.
526
in
physical
injury
to
the
person
or
others
if
allowed
to
1
continue.
The
peace
officer
or
other
person
who
delivered
the
2
person
to
the
facility
or
access
center
shall
describe
the
3
circumstances
of
the
matter
to
the
attending
physician
and
4
surgeon
or
osteopathic
physician
and
surgeon.
If
the
person
5
is
a
peace
officer,
the
peace
officer
may
do
so
either
in
6
person
or
by
written
report.
If
the
attending
physician
and
7
surgeon
or
osteopathic
physician
and
surgeon
has
reasonable
8
grounds
to
believe
that
the
circumstances
in
subsection
9
1
are
applicable,
the
attending
physician
shall
at
once
10
communicate
with
the
nearest
available
magistrate
as
defined
11
in
section
801.4,
subsection
10
.
The
magistrate
shall,
based
12
upon
the
circumstances
described
by
the
attending
physician
13
and
surgeon
or
osteopathic
physician
and
surgeon,
give
the
14
attending
physician
and
surgeon
or
osteopathic
physician
and
15
surgeon
oral
instructions
either
directing
that
the
person
be
16
released
forthwith,
or
authorizing
the
person’s
detention
in
an
17
appropriate
facility
or
access
center
.
The
magistrate
may
also
18
give
oral
instructions
and
order
that
the
detained
person
be
19
transported
to
an
appropriate
facility
or
access
center
.
20
b.
If
the
magistrate
orders
that
the
person
be
detained,
the
21
magistrate
shall,
by
the
close
of
business
on
the
next
working
22
day,
file
a
written
order
with
the
clerk
in
the
county
where
it
23
is
anticipated
that
an
application
may
be
filed
under
section
24
125.75
.
The
order
may
be
filed
by
facsimile
if
necessary.
The
25
order
shall
state
the
circumstances
under
which
the
person
26
was
taken
into
custody
or
otherwise
brought
to
a
facility
or
27
an
access
center
and
the
grounds
supporting
the
finding
of
28
probable
cause
to
believe
that
the
person
is
a
person
with
29
a
substance-related
disorder
likely
to
result
in
physical
30
injury
to
the
person
or
others
if
not
detained.
The
order
31
shall
confirm
the
oral
order
authorizing
the
person’s
detention
32
including
any
order
given
to
transport
the
person
to
an
33
appropriate
facility
or
access
center
.
The
clerk
shall
provide
34
a
copy
of
that
order
to
the
attending
physician
and
surgeon
or
35
-3-
LSB
2586SV
(1)
89
dg/rh
3/
11
S.F.
526
osteopathic
physician
and
surgeon
at
the
facility
or
access
1
center
to
which
the
person
was
originally
taken,
any
subsequent
2
facility
or
access
center
to
which
the
person
was
transported,
3
and
to
any
law
enforcement
department
or
ambulance
service
that
4
transported
the
person
pursuant
to
the
magistrate’s
order.
5
3.
The
attending
physician
and
surgeon
or
osteopathic
6
physician
and
surgeon
shall
examine
and
may
detain
the
person
7
pursuant
to
the
magistrate’s
order
for
a
period
not
to
exceed
8
forty-eight
hours
from
the
time
the
order
is
dated,
excluding
9
Saturdays,
Sundays,
and
holidays,
unless
the
order
is
dismissed
10
by
a
magistrate.
The
facility
or
access
center
may
provide
11
treatment
which
is
necessary
to
preserve
the
person’s
life
or
12
to
appropriately
control
the
person’s
behavior
if
the
behavior
13
is
likely
to
result
in
physical
injury
to
the
person
or
14
others
if
allowed
to
continue
or
is
otherwise
deemed
medically
15
necessary
by
the
attending
physician
and
surgeon
or
osteopathic
16
physician
and
surgeon
or
mental
health
professional,
but
shall
17
not
otherwise
provide
treatment
to
the
person
without
the
18
person’s
consent.
The
person
shall
be
discharged
from
the
19
facility
or
access
center
and
released
from
detention
no
later
20
than
the
expiration
of
the
forty-eight-hour
period,
unless
21
an
application
for
involuntary
commitment
is
filed
with
the
22
clerk
pursuant
to
section
125.75
.
The
detention
of
a
person
23
by
the
procedure
in
this
section
,
and
not
in
excess
of
the
24
period
of
time
prescribed
by
this
section
,
shall
not
render
the
25
peace
officer,
attending
physician
and
surgeon
or
osteopathic
26
physician
and
surgeon,
or
facility
,
or
access
center
detaining
27
the
person
liable
in
a
criminal
or
civil
action
for
false
28
arrest
or
false
imprisonment
if
the
peace
officer,
attending
29
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
30
mental
health
professional,
or
facility
,
or
access
center
had
31
reasonable
grounds
to
believe
that
the
circumstances
described
32
in
subsection
1
were
applicable.
33
4.
The
cost
of
detention
in
a
facility
or
an
access
center
34
under
the
procedure
prescribed
in
this
section
shall
be
paid
35
-4-
LSB
2586SV
(1)
89
dg/rh
4/
11
S.F.
526
in
the
same
way
as
if
the
person
had
been
committed
to
the
1
facility
or
access
center
pursuant
to
an
application
filed
2
under
section
125.75
.
3
Sec.
4.
Section
125.91,
Code
2021,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
5.
For
the
purposes
of
this
section,
6
“access
center”
means
the
same
as
defined
in
section
331.388.
7
Sec.
5.
Section
229.22,
subsections
2,
3,
5,
and
6,
Code
8
2021,
are
amended
to
read
as
follows:
9
2.
a.
(1)
In
the
circumstances
described
in
subsection
10
1
,
any
peace
officer
who
has
reasonable
grounds
to
believe
11
that
a
person
is
mentally
ill,
and
because
of
that
illness
is
12
likely
to
physically
injure
the
person’s
self
or
others
if
13
not
immediately
detained,
may
without
a
warrant
take
or
cause
14
that
person
to
be
taken
to
the
nearest
available
facility
or
15
hospital
as
defined
referred
to
in
section
229.11,
subsection
16
1
,
paragraphs
“b”
and
“c”
,
or
an
access
center
.
A
person
17
believed
mentally
ill,
and
likely
to
injure
the
person’s
self
18
or
others
if
not
immediately
detained,
may
be
delivered
to
a
19
facility
or
hospital
or
an
access
center
by
someone
other
than
20
a
peace
officer.
21
(2)
Upon
delivery
of
the
person
believed
mentally
ill
to
22
the
facility
,
or
hospital
,
or
access
center
,
the
examining
23
physician,
examining
physician
assistant,
examining
mental
24
health
professional,
or
examining
psychiatric
advanced
25
registered
nurse
practitioner
may
order
treatment
of
that
26
person,
including
chemotherapy,
but
only
to
the
extent
27
necessary
to
preserve
the
person’s
life
or
to
appropriately
28
control
behavior
by
the
person
which
is
likely
to
result
29
in
physical
injury
to
that
person
or
others
if
allowed
to
30
continue.
31
(3)
The
peace
officer
who
took
the
person
into
custody,
32
or
other
party
who
brought
the
person
to
the
facility
,
or
33
hospital
,
or
access
center
,
shall
describe
the
circumstances
34
of
the
matter
to
the
examining
physician,
examining
physician
35
-5-
LSB
2586SV
(1)
89
dg/rh
5/
11
S.F.
526
assistant,
examining
mental
health
professional,
or
examining
1
psychiatric
advanced
registered
nurse
practitioner.
If
the
2
person
is
a
peace
officer,
the
peace
officer
may
do
so
either
3
in
person
or
by
written
report.
4
(4)
If
the
examining
physician,
examining
physician
5
assistant,
examining
mental
health
professional,
or
examining
6
psychiatric
advanced
registered
nurse
practitioner
finds
7
that
there
is
reason
to
believe
that
the
person
is
seriously
8
mentally
impaired,
and
because
of
that
impairment
is
likely
9
to
physically
injure
the
person’s
self
or
others
if
not
10
immediately
detained,
the
examining
physician,
examining
11
physician
assistant,
examining
mental
health
professional,
or
12
examining
psychiatric
advanced
registered
nurse
practitioner
13
shall
at
once
communicate
with
the
nearest
available
magistrate
14
as
defined
in
section
801.4,
subsection
10
.
15
(5)
The
magistrate
shall,
based
upon
the
circumstances
16
described
by
the
examining
physician,
examining
physician
17
assistant,
examining
mental
health
professional,
or
examining
18
psychiatric
advanced
registered
nurse
practitioner,
give
the
19
examining
physician,
examining
physician
assistant,
examining
20
mental
health
professional,
or
examining
psychiatric
advanced
21
registered
nurse
practitioner
oral
instructions
either
22
directing
that
the
person
be
released
forthwith
or
authorizing
23
the
person’s
detention
in
an
appropriate
facility
or
access
24
center
.
A
peace
officer
from
the
law
enforcement
agency
25
that
took
the
person
into
custody,
if
available,
during
the
26
communication
with
the
magistrate,
may
inform
the
magistrate
27
that
an
arrest
warrant
has
been
issued
for
or
charges
are
28
pending
against
the
person
and
request
that
any
oral
or
written
29
order
issued
under
this
subsection
require
the
facility
,
or
30
hospital
,
or
access
center
to
notify
the
law
enforcement
agency
31
about
the
discharge
of
the
person
prior
to
discharge.
The
32
magistrate
may
also
give
oral
instructions
and
order
that
the
33
detained
person
be
transported
to
an
appropriate
facility.
34
b.
If
the
magistrate
orders
that
the
person
be
detained,
35
-6-
LSB
2586SV
(1)
89
dg/rh
6/
11
S.F.
526
the
magistrate
shall,
by
the
close
of
business
on
the
next
1
working
day,
file
a
written
order
with
the
clerk
in
the
county
2
where
it
is
anticipated
that
an
application
may
be
filed
3
under
section
229.6
.
The
order
may
be
filed
by
facsimile
if
4
necessary.
A
peace
officer
from
the
law
enforcement
agency
5
that
took
the
person
into
custody,
if
no
request
was
made
6
under
paragraph
“a”
,
may
inform
the
magistrate
that
an
arrest
7
warrant
has
been
issued
for
or
charges
are
pending
against
8
the
person
and
request
that
any
written
order
issued
under
9
this
paragraph
require
the
facility
,
or
hospital
,
or
access
10
center
to
notify
the
law
enforcement
agency
about
the
discharge
11
of
the
person
prior
to
discharge.
The
order
shall
state
the
12
circumstances
under
which
the
person
was
taken
into
custody
13
or
otherwise
brought
to
a
facility
or
hospital
or
an
access
14
center
,
and
the
grounds
supporting
the
finding
of
probable
15
cause
to
believe
that
the
person
is
seriously
mentally
impaired
16
and
likely
to
injure
the
person’s
self
or
others
if
not
17
immediately
detained.
The
order
shall
also
include
any
law
18
enforcement
agency
notification
requirements
if
applicable.
19
The
order
shall
confirm
the
oral
order
authorizing
the
person’s
20
detention
including
any
order
given
to
transport
the
person
21
to
an
appropriate
facility
,
or
hospital
,
or
access
center
.
A
22
peace
officer
from
the
law
enforcement
agency
that
took
the
23
person
into
custody
may
also
request
an
order,
separate
from
24
the
written
order,
requiring
the
facility
,
or
hospital
,
or
25
access
center
to
notify
the
law
enforcement
agency
about
the
26
discharge
of
the
person
prior
to
discharge.
The
clerk
shall
27
provide
a
copy
of
the
written
order
or
any
separate
order
to
28
the
chief
medical
officer
of
the
facility
,
or
hospital
,
or
29
access
center
to
which
the
person
was
originally
taken,
to
30
any
subsequent
facility
to
which
the
person
was
transported,
31
and
to
any
law
enforcement
department,
ambulance
service,
or
32
transportation
service
under
contract
with
a
mental
health
33
and
disability
services
region
that
transported
the
person
34
pursuant
to
the
magistrate’s
order.
A
transportation
service
35
-7-
LSB
2586SV
(1)
89
dg/rh
7/
11
S.F.
526
that
contracts
with
a
mental
health
and
disability
services
1
region
for
purposes
of
this
paragraph
shall
provide
a
secure
2
transportation
vehicle
and
shall
employ
staff
that
has
received
3
or
is
receiving
mental
health
training.
4
c.
If
an
arrest
warrant
has
been
issued
for
or
charges
are
5
pending
against
the
person,
but
no
court
order
exists
requiring
6
notification
to
a
law
enforcement
agency
under
paragraph
“a
”
7
or
“b”
,
and
if
the
peace
officer
delivers
the
person
to
a
8
facility
or
hospital
or
an
access
center
and
the
peace
officer
9
notifies
the
facility
,
or
hospital
,
or
access
center
in
writing
10
on
a
form
prescribed
by
the
department
of
public
safety
that
11
the
facility
,
or
hospital
,
or
access
center
notify
the
law
12
enforcement
agency
about
the
discharge
of
the
person
prior
to
13
discharge,
the
facility
,
or
hospital
,
or
access
center
shall
14
do
all
of
the
following:
15
(1)
Notify
the
dispatch
of
the
law
enforcement
agency
that
16
employs
the
peace
officer
by
telephone
prior
to
the
discharge
17
of
the
person
from
the
facility
,
or
hospital
,
or
access
center
.
18
(2)
Notify
the
law
enforcement
agency
that
employs
the
peace
19
officer
by
electronic
mail
prior
to
the
discharge
of
the
person
20
from
the
facility
,
or
hospital
,
or
access
center
.
21
3.
The
chief
medical
officer
of
the
facility
,
or
hospital
,
22
or
access
center
shall
examine
and
may
detain
and
care
for
the
23
person
taken
into
custody
under
the
magistrate’s
order
for
a
24
period
not
to
exceed
forty-eight
hours
from
the
time
such
order
25
is
dated,
excluding
Saturdays,
Sundays
and
holidays,
unless
26
the
order
is
sooner
dismissed
by
a
magistrate.
The
facility
,
27
or
hospital
,
or
access
center
may
provide
treatment
which
is
28
necessary
to
preserve
the
person’s
life,
or
to
appropriately
29
control
behavior
by
the
person
which
is
likely
to
result
in
30
physical
injury
to
the
person’s
self
or
others
if
allowed
to
31
continue,
but
may
not
otherwise
provide
treatment
to
the
person
32
without
the
person’s
consent.
The
person
shall
be
discharged
33
from
the
facility
,
or
hospital
,
or
access
center
and
released
34
from
custody
not
later
than
the
expiration
of
that
period,
35
-8-
LSB
2586SV
(1)
89
dg/rh
8/
11
S.F.
526
unless
an
application
is
sooner
filed
with
the
clerk
pursuant
1
to
section
229.6
.
Prior
to
such
discharge
,
the
facility
,
or
2
hospital
,
or
access
center
shall,
if
required
by
this
section
,
3
notify
the
law
enforcement
agency
requesting
such
notification
4
about
the
discharge
of
the
person.
The
law
enforcement
5
agency
shall
retrieve
the
person
no
later
than
six
hours
after
6
notification
from
the
facility
,
or
hospital
,
or
access
center
7
but
in
no
circumstances
shall
the
detention
of
the
person
8
exceed
the
period
of
time
prescribed
for
detention
by
this
9
subsection
.
The
detention
of
any
person
by
the
procedure
10
and
not
in
excess
of
the
period
of
time
prescribed
by
this
11
section
shall
not
render
the
peace
officer,
physician,
mental
12
health
professional,
facility,
or
hospital
,
or
access
center
13
so
detaining
that
person
liable
in
a
criminal
or
civil
action
14
for
false
arrest
or
false
imprisonment
if
the
peace
officer,
15
physician,
mental
health
professional,
facility,
or
hospital
,
16
or
access
center
had
reasonable
grounds
to
believe
the
person
17
so
detained
was
mentally
ill
and
likely
to
physically
injure
18
the
person’s
self
or
others
if
not
immediately
detained,
or
19
if
the
facility
,
or
hospital
,
or
access
center
was
required
20
to
notify
a
law
enforcement
agency
by
this
section
,
and
21
the
law
enforcement
agency
requesting
notification
prior
to
22
discharge
retrieved
the
person
no
later
than
six
hours
after
23
the
notification,
and
the
detention
prior
to
the
retrieval
of
24
the
person
did
not
exceed
the
period
of
time
prescribed
for
25
detention
by
this
subsection
.
26
5.
The
department
of
public
safety
shall
prescribe
the
form
27
to
be
used
when
a
law
enforcement
agency
desires
notification
28
under
this
section
from
a
facility
or
hospital
or
an
access
29
center
prior
to
discharge
of
a
person
admitted
to
the
facility
,
30
or
hospital
,
or
access
center
and
for
whom
an
arrest
warrant
31
has
been
issued
or
against
whom
charges
are
pending.
The
32
form
shall
be
consistent
with
all
laws,
regulations,
and
33
rules
relating
to
the
confidentiality
or
privacy
of
personal
34
information
or
medical
records,
including
but
not
limited
to
35
-9-
LSB
2586SV
(1)
89
dg/rh
9/
11
S.F.
526
the
federal
Health
Insurance
Portability
and
Accountability
Act
1
of
1996,
Pub.
L.
No.
104-191,
and
regulations
promulgated
in
2
accordance
with
that
Act
and
published
in
45
C.F.R.
pts.
160
3
–
164.
4
6.
A
facility
or
hospital
or
an
access
center
,
which
has
5
been
notified
by
a
peace
officer
or
a
law
enforcement
agency
by
6
delivery
of
a
form
as
prescribed
by
the
department
of
public
7
safety
indicating
that
an
arrest
warrant
has
been
issued
8
for
or
charges
are
pending
against
a
person
admitted
to
the
9
facility
,
or
hospital,
or
access
center
that
does
not
notify
10
the
law
enforcement
agency
about
the
discharge
of
the
person
11
as
required
by
subsection
2
,
paragraph
“c”
,
shall
pay
a
civil
12
penalty
as
provided
in
section
805.8C,
subsection
9
.
13
Sec.
6.
Section
229.22,
Code
2021,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
7.
For
the
purposes
of
this
section,
16
“access
center”
means
the
same
as
defined
in
section
331.388.
17
Sec.
7.
Section
331.388,
Code
2021,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
01.
“Access
center”
means
the
coordinated
20
provision
of
intake
assessment,
screening
for
co-occurring
21
conditions,
care
coordination,
crisis
stabilization
residential
22
services,
subacute
mental
health
services,
and
substance
abuse
23
treatment
for
persons
experiencing
a
mental
health
or
substance
24
use
crisis
who
do
not
need
inpatient
psychiatric
hospital
25
treatment,
but
who
do
need
significant
amounts
of
supports
26
and
services
not
available
in
other
home
and
community-based
27
settings.
28
Sec.
8.
Section
331.397,
subsection
5,
paragraph
a,
29
subparagraph
(1),
Code
2021,
is
amended
to
read
as
follows:
30
(1)
Access
centers
that
are
located
in
crisis
residential
31
and
subacute
residential
settings
with
sixteen
beds
or
fewer
32
that
provide
immediate,
short-term
assessments
for
persons
with
33
serious
mental
illness
or
substance
use
disorders
who
do
not
34
need
inpatient
psychiatric
hospital
treatment,
but
who
do
need
35
-10-
LSB
2586SV
(1)
89
dg/rh
10/
11
S.F.
526
significant
amounts
of
supports
and
services
not
available
in
1
the
persons’
homes
or
communities
.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
the
emergency
detention
of
a
person
6
experiencing
a
mental
health
or
substance
use
crisis
and
access
7
centers.
8
The
bill
amends
Code
sections
124.34
(treatment
and
9
services
for
persons
with
substance-related
disorders
due
to
10
intoxication
and
substance-induced
incapacitation),
125.91
11
(emergency
detention
for
persons
with
substance-related
12
disorders),
and
229.22
(emergency
hospitalization
for
persons
13
with
a
serious
mental
impairment)
to
allow
emergency
detention
14
and
treatment
services
in
an
access
center
for
persons
15
experiencing
a
mental
health
or
substance
use
crisis.
16
The
bill
defines
an
“access
center”
as
the
coordinated
17
provision
of
intake
assessment,
screening
for
co-occurring
18
conditions,
care
coordination,
crisis
stabilization
residential
19
services,
subacute
mental
health
services,
and
substance
abuse
20
treatment
for
persons
experiencing
a
mental
health
or
substance
21
use
crisis
who
do
not
need
inpatient
psychiatric
hospital
22
treatment,
but
who
do
need
significant
amounts
of
supports
23
and
services
not
available
in
other
home
and
community-based
24
settings.
25
The
bill
makes
a
conforming
change
to
Code
section
331.397
26
relating
to
intensive
mental
health
services
provided
in
mental
27
health
and
disability
services
regions.
28
-11-
LSB
2586SV
(1)
89
dg/rh
11/
11