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House File 205 - IntroducedA Bill ForAn Act 1relating to access to and disclosure of information
2concerning mental health treatment or services involving a
3minor fourteen years of age or older who seeks treatment or
4services due to the minor’s thoughts of causing injury to
5self or others.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 228.8, subsection 1, unnumbered
2paragraph 1, Code 2019, is amended to read as follows:
3A Except as provided in subsection 5, a mental health
4professional or an employee of or agent for a mental health
5facility may disclose mental health information to the spouse,
6parent, adult child, or adult sibling of an individual who has
7chronic mental illness, if all of the following conditions are
8met:
9 Sec. 2. Section 228.8, Code 2019, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 5. Mental health information relating to a
12minor fourteen years of age or older who seeks mental health
13treatment or services due to the minor’s thoughts of causing
14injury to self or others shall not be disclosed to the parent,
15guardian, or legal custodian of such minor without the minor’s
16consent.
17 Sec. 3. Section 229.2, subsection 1, paragraph a, Code 2019,
18is amended to read as follows:
19a. An application for admission to a public or private
20hospital for observation, diagnosis, care, and treatment as a
21voluntary patient may be made by any person who is mentally
22ill or has symptoms of mental illness. A minor fourteen years
23of age or older who has had thoughts of causing injury to self
24or others may make application under this paragraph “a” and an
25application under paragraph “b” shall not be required. The fact
26that such minor made such application shall not be reported or
27disclosed to the parent, guardian, or legal custodian of such
28minor without the minor’s consent.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32Under current law, a mental health professional or an
33employee or agent for a mental health facility may disclose
34mental health information to the spouse, parent, adult child,
35or adult sibling of an individual who has a chronic mental
-1-1illness under certain circumstances. This bill provides
2that mental health information relating to a minor who is 14
3years of age or older who seeks mental health treatment or
4services due to the minor’s thoughts of causing injury to self
5or others, shall not be disclosed to the parent, guardian, or
6legal custodian of such minor without the minor’s consent.
7Under current law, a voluntary application for voluntary
8admission to a public or private hospital for observation,
9diagnosis, care, and treatment as a voluntary patient may be
10made by any person who is mentally ill or has symptoms of
11mental illness; however, in the case of a minor, the parent,
12guardian, or custodian may make application for admission of
13the minor as a voluntary patient. The bill provides that a
14minor 14 years of age or older who has had thoughts of causing
15injury to self or others may make application under the
16bill and an application by the minor’s parent, guardian, or
17custodian is not required. The fact that such minor made such
18application shall not be reported or disclosed to the parent,
19guardian, or legal custodian of such minor without the minor’s
20consent.
-2-hb/rh
2concerning mental health treatment or services involving a
3minor fourteen years of age or older who seeks treatment or
4services due to the minor’s thoughts of causing injury to
5self or others.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 228.8, subsection 1, unnumbered
2paragraph 1, Code 2019, is amended to read as follows:
3A Except as provided in subsection 5, a mental health
4professional or an employee of or agent for a mental health
5facility may disclose mental health information to the spouse,
6parent, adult child, or adult sibling of an individual who has
7chronic mental illness, if all of the following conditions are
8met:
9 Sec. 2. Section 228.8, Code 2019, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 5. Mental health information relating to a
12minor fourteen years of age or older who seeks mental health
13treatment or services due to the minor’s thoughts of causing
14injury to self or others shall not be disclosed to the parent,
15guardian, or legal custodian of such minor without the minor’s
16consent.
17 Sec. 3. Section 229.2, subsection 1, paragraph a, Code 2019,
18is amended to read as follows:
19a. An application for admission to a public or private
20hospital for observation, diagnosis, care, and treatment as a
21voluntary patient may be made by any person who is mentally
22ill or has symptoms of mental illness. A minor fourteen years
23of age or older who has had thoughts of causing injury to self
24or others may make application under this paragraph “a” and an
25application under paragraph “b” shall not be required. The fact
26that such minor made such application shall not be reported or
27disclosed to the parent, guardian, or legal custodian of such
28minor without the minor’s consent.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32Under current law, a mental health professional or an
33employee or agent for a mental health facility may disclose
34mental health information to the spouse, parent, adult child,
35or adult sibling of an individual who has a chronic mental
-1-1illness under certain circumstances. This bill provides
2that mental health information relating to a minor who is 14
3years of age or older who seeks mental health treatment or
4services due to the minor’s thoughts of causing injury to self
5or others, shall not be disclosed to the parent, guardian, or
6legal custodian of such minor without the minor’s consent.
7Under current law, a voluntary application for voluntary
8admission to a public or private hospital for observation,
9diagnosis, care, and treatment as a voluntary patient may be
10made by any person who is mentally ill or has symptoms of
11mental illness; however, in the case of a minor, the parent,
12guardian, or custodian may make application for admission of
13the minor as a voluntary patient. The bill provides that a
14minor 14 years of age or older who has had thoughts of causing
15injury to self or others may make application under the
16bill and an application by the minor’s parent, guardian, or
17custodian is not required. The fact that such minor made such
18application shall not be reported or disclosed to the parent,
19guardian, or legal custodian of such minor without the minor’s
20consent.
-2-hb/rh