Bill Text: IA HSB189 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to the emergency hospitalization of a person with a serious mental illness.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-03-03 - 9:00AM; House Lounge Human Resources. [HSB189 Detail]
Download: Iowa-2015-HSB189-Introduced.html
House
Study
Bill
189
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MILLER)
A
BILL
FOR
An
Act
relating
to
the
emergency
hospitalization
of
a
person
1
with
a
serious
mental
illness.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
229.22,
subsection
1,
Code
2015,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
229.22,
subsection
2,
paragraph
a,
3
subparagraph
(1),
Code
2015,
is
amended
to
read
as
follows:
4
(1)
In
the
circumstances
described
in
subsection
1
,
any
5
Any
peace
officer
who
has
reasonable
grounds
to
believe
that
6
a
person
is
mentally
ill,
and
because
of
that
illness
is
7
likely
to
physically
injure
the
person’s
self
or
others
if
8
not
immediately
detained,
may
without
a
warrant
take
or
cause
9
that
person
to
be
taken
to
the
nearest
available
facility
or
10
hospital
as
defined
in
section
229.11,
subsection
1
,
paragraphs
11
“b”
and
“c”
.
A
person
believed
mentally
ill,
and
likely
to
12
injure
the
person’s
self
or
others
if
not
immediately
detained,
13
may
be
delivered
to
a
facility
or
hospital
by
someone
other
14
than
a
peace
officer.
15
Sec.
3.
Section
229.22,
subsection
3,
Code
2015,
is
amended
16
to
read
as
follows:
17
3.
The
chief
medical
officer
of
the
facility
or
hospital
18
shall
examine
and
may
detain
and
care
for
the
person
taken
into
19
custody
under
the
magistrate’s
order
for
a
period
not
to
exceed
20
forty-eight
hours
five
days
from
the
time
such
order
is
dated,
21
excluding
Saturdays,
Sundays
and
holidays,
unless
the
order
is
22
sooner
dismissed
by
a
magistrate.
The
facility
or
hospital
may
23
provide
treatment
which
is
necessary
to
preserve
the
person’s
24
life,
or
to
appropriately
control
behavior
by
the
person
which
25
is
likely
to
result
in
physical
injury
to
the
person’s
self
26
or
others
if
allowed
to
continue,
but
may
shall
not
otherwise
27
provide
treatment
to
the
person
without
the
person’s
consent.
28
The
person
shall
be
discharged
from
the
facility
or
hospital
29
and
released
from
custody
not
later
than
the
expiration
of
30
that
period,
unless
an
application
is
sooner
filed
with
the
31
clerk
pursuant
to
section
229.6
.
Prior
to
such
discharge
the
32
facility
or
hospital
shall,
if
required
by
this
section
,
notify
33
the
law
enforcement
agency
requesting
such
notification
about
34
the
discharge
of
the
person.
The
law
enforcement
agency
shall
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retrieve
the
person
no
later
than
six
hours
after
notification
1
from
the
facility
or
hospital
but
in
no
circumstances
shall
the
2
detention
of
the
person
exceed
the
period
of
time
prescribed
3
for
detention
by
this
subsection
.
The
detention
of
any
4
person
by
the
procedure
and
not
in
excess
of
the
period
of
5
time
prescribed
by
this
section
shall
not
render
the
peace
6
officer,
physician,
facility,
or
hospital
so
detaining
that
7
person
liable
in
a
criminal
or
civil
action
for
false
arrest
or
8
false
imprisonment
if
the
peace
officer,
physician,
facility,
9
or
hospital
had
reasonable
grounds
to
believe
the
person
so
10
detained
was
mentally
ill
and
likely
to
physically
injure
11
the
person’s
self
or
others
if
not
immediately
detained,
or
12
if
the
facility
or
hospital
was
required
to
notify
a
law
13
enforcement
agency
by
this
section
,
and
the
law
enforcement
14
agency
requesting
notification
prior
to
discharge
retrieved
the
15
person
no
later
than
six
hours
after
the
notification,
and
the
16
detention
prior
to
the
retrieval
of
the
person
did
not
exceed
17
the
period
of
time
prescribed
for
detention
by
this
subsection
.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
the
emergency
hospitalization
of
a
22
person
with
a
serious
mental
illness.
23
Current
Code
section
229.22
specifies
emergency
24
hospitalization
procedures
for
a
seriously
mentally
25
impaired
person
outside
of
regular
court
hours
to
allow
26
emergency
detention
and
treatment
services
for
a
seriously
27
mentally
impaired
person
if
an
application
for
involuntary
28
hospitalization
has
not
been
filed
with
the
court
pursuant
to
29
Code
section
229.6.
30
The
bill
amends
this
Code
section
to
allow
emergency
31
detention
and
treatment
services
for
a
seriously
mentally
32
impaired
person
regardless
of
whether
an
application
for
33
involuntary
hospitalization
is
filed.
34
The
bill
also
extends
the
period
of
time
a
chief
medical
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officer
of
a
facility
or
hospital
may
detain
and
care
for
a
1
person
taken
into
custody
pursuant
to
Code
section
229.22
from
2
up
to
48
hours
to
up
to
five
days.
3
Under
Code
section
229.1,
“seriously
mentally
impaired”
4
or
“serious
mental
impairment”
describes
the
condition
of
5
a
person
with
mental
illness
and
because
of
that
illness
6
lacks
sufficient
judgment
to
make
responsible
decisions
with
7
respect
to
the
person’s
hospitalization
or
treatment,
and
8
who
because
of
that
illness
is
likely
to
physically
injure
9
the
person’s
self
or
others
if
allowed
to
remain
at
liberty
10
without
treatment;
is
likely
to
inflict
serious
emotional
11
injury
on
members
of
the
person’s
family
or
others
who
lack
12
reasonable
opportunity
to
avoid
contact
with
the
person
with
13
mental
illness
if
the
person
with
mental
illness
is
allowed
to
14
remain
at
liberty
without
treatment;
or
is
unable
to
satisfy
15
the
person’s
needs
for
nourishment,
clothing,
essential
medical
16
care,
or
shelter
so
that
it
is
likely
that
the
person
will
17
suffer
physical
injury,
physical
debilitation,
or
death.
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