Senate Study Bill 3054 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 5540XC (1) 89 dg/rh
S.F. _____ 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. Subsection 1 shall not apply if a demand for 19 psychological test material has been made pursuant to a 20 discovery request or a subpoena issued in litigation and the 21 cognitive abilities of the individual who is the subject of the 22 test are at issue in the litigation. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to disclosures of psychological test 27 materials. 28 The bill allows a person in possession of psychological 29 test materials to disclose the materials of an individual if a 30 demand for psychological test material has been made pursuant 31 to a discovery request or a subpoena issued in litigation and 32 the cognitive abilities of the individual who is the subject of 33 the test are at issue in the litigation. 34 -1- LSB 5540XC (1) 89 dg/rh 1/ 1