Bill Text: IA HF2039 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the mandatory disclosure of certain mental health information by a health care provider.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2016-01-20 - Subcommittee, Rizer, Bacon, and Dawson. H.J. 98. [HF2039 Detail]

Download: Iowa-2015-HF2039-Introduced.html

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House File 2039 - Introduced




                                 HOUSE FILE       
                                 BY  RIZER

                                      A BILL FOR

  1 An Act relating to the mandatory disclosure of certain mental
  2    health information by a health care provider.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5396YH (4) 86
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PAG LIN



  1  1    Section 1.  NEW SECTION.  228.6A  Mandatory disclosure and
  1  2 civil commitment process == health care providers == immunity.
  1  3    1.  For purposes of this section:
  1  4    a.  "Health care provider" means a person licensed under
  1  5 chapter 148, 148C, or 152, or a mental health professional as
  1  6 defined in section 228.1.
  1  7    b.  "Immediate family member" means a spouse; natural or
  1  8 adoptive parent, child, or sibling; or stepparent, stepchild,
  1  9 or stepsibling.
  1 10    2.  If a health care provider, while providing care
  1 11 and treatment to a person eighteen years of age or older,
  1 12 determines that such person is likely to seriously physically
  1 13 injure the person's self as manifested by threats of, or
  1 14 attempts at, suicide or serious physical injury, the health
  1 15 care provider shall provide the person's immediate family
  1 16 member, upon request of the person's immediate family member,
  1 17 with information relating to the involuntary civil commitment
  1 18 process established under chapter 229.
  1 19    3.  A health care provider who discloses information
  1 20 pursuant to this section, acting reasonably and in good
  1 21 faith, shall be immune with respect to all civil or criminal
  1 22 penalties, claims, or actions of any kind.
  1 23                           EXPLANATION
  1 24 The inclusion of this explanation does not constitute agreement with
  1 25 the explanation's substance by the members of the general assembly.
  1 26    This bill relates to the mandatory disclosure of certain
  1 27 mental health information by a health care provider.
  1 28    The bill provides that a health care provider, while
  1 29 providing care and treatment to a person 18 years of age or
  1 30 older, who determines that such person is likely to seriously
  1 31 physically injure the person's self as manifested by threats
  1 32 of, or attempts at, suicide or serious physical injury, is
  1 33 required to provide the person's immediate family member,
  1 34 upon request of the person's immediate family member, with
  1 35 information relating to the involuntary civil commitment
  2  1 process established under Code chapter 229. The bill provides
  2  2 that a health care provider who discloses such information,
  2  3 reasonably and in good faith, is immune with respect to all
  2  4 civil or criminal penalties, claims, or actions of any kind.
  2  5    The bill defines "health care provider" as a person licensed
  2  6 under Code chapter 148 (medical doctors and osteopathic
  2  7 doctors), 148C (physician assistants), 152 (nurses including
  2  8 advanced registered nurse practitioners), or a mental health
  2  9 professional as defined in Code section 228.1. The bill
  2 10 defines "immediate family member" as a spouse; natural or
  2 11 adoptive parent, child, or sibling; or stepparent, stepchild,
  2 12 or stepsibling.
       LSB 5396YH (4) 86
       rh/rj