SSB 3054 (LSB 5540XC (1) 89)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to disclosure of psychological test material.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 228.9, Code 2022, is amended to read as follows:
   228.9  Disclosure of psychological test material.

   1.  Except as otherwise provided in this section, a person in possession of psychological test material shall not disclose the material to any other person, including the individual who is a subject of the test. In addition, the test material shall not be disclosed in any administrative, judicial, or legislative proceeding. However, upon
   2.  Upon the request of an individual who is the subject of a test, all records associated with a psychological test of that individual shall be disclosed to a psychologist licensed pursuant to chapter 154B designated by the individual. An individual’s request for the records shall be in writing and shall comply with the requirements of section 228.3, relating to voluntary disclosures of mental health information, except that the individual shall not have the right to inspect the test materials.
   3.  Subsection 1 shall not apply if a demand for psychological test material has been made pursuant to a discovery request or a subpoena issued in litigation and the cognitive abilities of the individual who is the subject of the test are at issue in the litigation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to disclosures of psychological test materials.
   The bill allows a person in possession of psychological test materials to disclose the materials of an individual if a demand for psychological test material has been made pursuant to a discovery request or a subpoena issued in litigation and the cognitive abilities of the individual who is the subject of the test are at issue in the litigation.