Bill Text: IA SF2212 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to persons hospitalized for mental illness.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-14 - Subcommittee recommends passage. [SF2212 Detail]

Download: Iowa-2017-SF2212-Introduced.html

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Senate File 2212 - Introduced




                                 SENATE FILE       
                                 BY  BOLKCOM

                                      A BILL FOR

  1 An Act relating to persons hospitalized for mental illness.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5589XS (4) 87
    hb/jh

PAG LIN



  1  1    Section 1.  Section 229.1, subsection 20, Code 2018, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  d.  Has a history of lack of compliance with
  1  4 treatment and any of the following apply:
  1  5    (1)  Lack of compliance has been a significant factor in the
  1  6 need for emergency hospitalization.
  1  7    (2)  Lack of compliance has resulted in one or more acts of
  1  8 serious physical injury to the person's self or others or an
  1  9 attempt to physically injure the person's self or others.
  1 10    Sec. 2.  Section 229.13, subsection 7, paragraph a,
  1 11 subparagraphs (2) and (3), Code 2018, are amended to read as
  1 12 follows:
  1 13    (2)  Once in protective custody, the respondent shall be
  1 14 given the choice of being treated by the appropriate medication
  1 15 which may include the use of oral medicine or injectable
  1 16 antipsychotic medicine by a mental health professional acting
  1 17 within the scope of the mental health professional's practice
  1 18 at an outpatient psychiatric clinic, hospital, or other
  1 19 suitable facility or being placed for treatment under the
  1 20 care of a hospital or other suitable facility for inpatient
  1 21 treatment.
  1 22    (3)  If the respondent chooses to be treated by the
  1 23 appropriate medication which may include the use of oral
  1 24 medicine or injectable antipsychotic medicine but the mental
  1 25 health professional acting within the scope of the mental
  1 26 health professional's practice at the outpatient psychiatric
  1 27 clinic, hospital, or other suitable facility determines that
  1 28 the respondent's behavior continues to be likely to result in
  1 29 physical injury to the respondent's self or others if allowed
  1 30 to continue, the mental health professional acting within
  1 31 the scope of the mental health professional's practice shall
  1 32 comply with the provisions of subparagraph (1) and, following
  1 33 notice and hearing held in accordance with the procedures in
  1 34 section 229.12, the court may order the respondent treated
  1 35 on an inpatient basis requiring full=time custody, care, and
  2  1 treatment in a hospital until such time as the chief medical
  2  2 officer reports that the respondent does not require further
  2  3 treatment for serious mental impairment or has indicated the
  2  4 respondent is willing to submit to treatment on another basis
  2  5 as ordered by the court.
  2  6    Sec. 3.  Section 229.13, subsection 7, paragraph b, Code
  2  7 2018, is amended to read as follows:
  2  8    b.  A region shall contract with mental health professionals
  2  9 to provide the appropriate treatment including treatment by
  2 10 the use of oral medicine or injectable antipsychotic medicine
  2 11 pursuant to this section.
  2 12                           EXPLANATION
  2 13 The inclusion of this explanation does not constitute agreement with
  2 14 the explanation's substance by the members of the general assembly.
  2 15    This bill relates to the hospitalization of a person with a
  2 16 mental illness.
  2 17    Under Code chapter 229 (hospitalization of persons with
  2 18 mental illness), a person may be committed for treatment
  2 19 if the person is seriously mentally impaired. A person
  2 20 is seriously mentally impaired if the person has a mental
  2 21 illness, and because of that illness lacks sufficient judgment
  2 22 to make responsible decisions with respect to the person's
  2 23 hospitalization or treatment, and because of that illness is
  2 24 likely to physically injure the person's self or others, is
  2 25 likely to seriously emotionally injure others, or is unable
  2 26 to satisfy the person's basic needs.  The bill expands the
  2 27 definition of seriously mentally impaired to include a person
  2 28 who has a mental illness, because of that illness lacks
  2 29 sufficient judgment to make responsible decisions with respect
  2 30 to the person's hospitalization or treatment, and who because
  2 31 of that illness has a history of a lack of compliance with
  2 32 treatment and the lack of compliance has been a significant
  2 33 factor in the need for emergency hospitalization or resulted
  2 34 in one or more acts of serious physical injury to the person's
  2 35 self or others or an attempt to seriously physically injure the
  3  1 person's self or others.
  3  2    Under current law, if a respondent has been ordered to
  3  3 undergo outpatient treatment and fails to comply, and the
  3  4 failure to comply is likely to result in physical injury,
  3  5 a court shall order the person to be taken into physical
  3  6 custody. A respondent may choose to be treated by the
  3  7 appropriate medication which may include the use of injectable
  3  8 antipsychotic medicine.  The bill provides that appropriate
  3  9 medication may also include the use of oral medicine.
       LSB 5589XS (4) 87
       hb/jh