Bill Text: IA SF2250 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to unauthorized departures by persons involuntarily hospitalized, including notification requirements, the creation of a statewide database, and call location information from wireless communications service providers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-12 - Subcommittee: Chelgren, Bolkcom, and Chapman. S.J. 290. [SF2250 Detail]
Download: Iowa-2017-SF2250-Introduced.html
Senate File 2250 - Introduced SENATE FILE BY DVORSKY A BILL FOR 1 An Act relating to unauthorized departures by persons 2 involuntarily hospitalized, including notification 3 requirements, the creation of a statewide database, and call 4 location information from wireless communications service 5 providers. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5532XS (4) 87 hb/jh PAG LIN 1 1 Section 1. Section 228.1, Code 2018, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3A. "Law enforcement professional" means a 1 4 member of a police force or other agency or department of the 1 5 state, county, city, or tribal government regularly employed as 1 6 such and who is responsible for the prevention and detection of 1 7 crime and the enforcement of the criminal laws of this state. 1 8 Sec. 2. NEW SECTION. 228.7A Disclosures to law enforcement 1 9 professionals. 1 10 Mental health information relating to an individual may be 1 11 disclosed by mental health professionals to a law enforcement 1 12 professional if and to the extent necessary to prevent a 1 13 serious and imminent threat to the health or safety of the 1 14 individual or others. 1 15 Sec. 3. Section 229.1, Code 2018, is amended by adding the 1 16 following new subsection: 1 17 NEW SUBSECTION. 08. "Law enforcement professional" means 1 18 the same as defined in section 228.1 1 19 Sec. 4. Section 229.14B, Code 2018, is amended to read as 1 20 follows: 1 21 229.14B Escape from custody. 1 22 1. For purposes of this section, "member of the person's 1 23 immediate family" means a spouse, child, stepchild, brother, 1 24 brother=in=law, stepbrother, sister, sister=in=law, stepsister, 1 25 parent, parent=in=law, stepparent, or a guardian. 1 26 2. A person who is placed in a hospital or other suitable 1 27 facility for evaluation under section 229.13 or who is required 1 28 to remain hospitalized for treatment under section 229.14 1 29 shall remain at that hospital or facility unless discharged or 1 30 otherwise permitted to leave by the court or the chief medical 1 31 officer of the hospital or facility. 1 32 3. If a person placed at a hospital or facility or required 1 33 to remain at a hospital or facility leaves the facility without 1 34 permission or without having been discharged, the chief medical 1 35 officermay notifyshall within thirty minutes do all of the 2 1 following: 2 2 a. Notify the sheriff or law enforcement professional of the 2 3 person's absence and provide the sheriff or the law enforcement 2 4 professional with all of the following: 2 5 (1) A photograph of the person. 2 6 (2) The person's height and weight. 2 7 (3) Any telephone numbers associated with the person. 2 8 (4) Mental health information to the extent permitted under 2 9 section 228.7A. 2 10 b. Notify the members of the person's immediate family. 2 11 4. The sheriff or law enforcement professional shall take 2 12 the person into custody and return the person promptly to the 2 13 hospital or facility. 2 14 Sec. 5. NEW SECTION. 229.14C Database. 2 15 1. The department of public safety shall develop and 2 16 maintain a searchable database of information collected 2 17 from the courts related to voluntarily and involuntarily 2 18 hospitalized patients. Access to the database shall be limited 2 19 to law enforcement agencies and professionals, the court, and 2 20 mental health professionals. 2 21 2. The department of public safety shall adopt rules under 2 22 chapter 17A, as necessary, to provide guidelines for persons 2 23 required to assist in obtaining database information, and 2 24 to provide a procedure for the dissemination of information 2 25 contained in the database. The department, in developing the 2 26 procedure, shall consult with associations which represent 2 27 the interests of law enforcement officers, mental health 2 28 professionals, and court officials. Rules adopted shall 2 29 also include a procedure for removal of information from the 2 30 database upon the release of a person from a hospital or 2 31 facility. 2 32 Sec. 6. NEW SECTION. 229.14D Cellular telephone location. 2 33 1. If a person placed at a hospital or facility or required 2 34 to remain at a hospital or facility leaves the facility without 2 35 permission or without having been discharged, the sheriff 3 1 or law enforcement officer may request the location of the 3 2 cellular telephone of the person pursuant to section 34A.16. 3 3 Sec. 7. CODE EDITOR DIRECTIVE. 3 4 1. The Code editor may make the following transfers: 3 5 a. Section 229.14A to section 229.14B. 3 6 b. Section 229.14B to section 229.14C. 3 7 c. Section 229.14C to section 229.14A. 3 8 2. The Code editor shall correct internal references in the 3 9 Code and in any enacted legislation as necessary due to the 3 10 enactment of this section. 3 11 EXPLANATION 3 12 The inclusion of this explanation does not constitute agreement with 3 13 the explanation's substance by the members of the general assembly. 3 14 This bill relates to unauthorized departures by persons 3 15 involuntarily hospitalized, including notification 3 16 requirements, the creation of a statewide database, and call 3 17 location information from wireless communications services 3 18 providers. 3 19 Under Code chapter 228, a mental health professional, data 3 20 collector, or employee or agent thereof, is prohibited from 3 21 disclosing or allowing the disclosure of an individual's 3 22 mental health information without the individual's consent or 3 23 written authorization. "Mental health information" is defined 3 24 in Code section 228.1 to mean oral, written, or recorded 3 25 information which indicates the identity of an individual 3 26 receiving professional services and which relates to the 3 27 diagnosis, course, or treatment of the individual's mental 3 28 or emotional condition. However, disclosure of such mental 3 29 health information without the individual's consent or written 3 30 authorization is allowed under certain circumstances, including 3 31 for certain administrative disclosures to other mental health 3 32 providers for administrative and professional services to 3 33 the individual and to meet certain compulsory disclosure 3 34 requirements pursuant to state or federal law. In addition, 3 35 the disclosure of certain limited mental health information is 4 1 allowed to authorized family members without the individual's 4 2 consent or written authorization in some circumstances. 4 3 The bill allows for the disclosure of mental health 4 4 information by a mental health professional relating to 4 5 an individual without the individual's consent or written 4 6 permission to a law enforcement professional to the extent 4 7 necessary to prevent a serious and imminent threat to the 4 8 health and safety of the individual or others. 4 9 Under current law, if a person placed at a hospital or 4 10 facility or required to remain at a hospital or facility 4 11 leaves the facility without permission or without having been 4 12 discharged, the chief medical officer may notify the sheriff of 4 13 the person's absence and the sheriff is required to take the 4 14 person into custody and return the person to the hospital or 4 15 facility. 4 16 The bill amends current law to require the chief medical 4 17 officer to notify the sheriff and the person's parent or 4 18 guardian and immediate family members. The bill requires the 4 19 chief medical officer to provide the sheriff a photograph of 4 20 the person and the person's height, weight, and mental health 4 21 information to the extent permitted by law. The sheriff is 4 22 required to take the person into custody and return the person 4 23 to the hospital or facility. 4 24 The bill requires the department of public safety (DPS) 4 25 to develop and maintain a searchable database of information 4 26 collected from the courts related to voluntarily and 4 27 involuntarily hospitalized patients. Access to the database 4 28 is limited to law enforcement agencies and professionals, the 4 29 court, and mental health professionals. The bill directs DPS 4 30 to adopt rules pursuant to Code chapter 17A, as necessary, to 4 31 provide guidelines for persons required to assist in obtaining 4 32 database information, and to provide a procedure for the 4 33 dissemination of information contained in the database. DPS 4 34 shall consult with associations which represent the interests 4 35 of law enforcement officers, mental health professionals, and 5 1 court officials. The bill provides the rules adopted shall 5 2 also include a procedure for removal of information from the 5 3 database upon the release of a person from a hospital or 5 4 facility. 5 5 The bill provides if a person placed at a hospital or 5 6 facility or required to remain at a hospital or facility 5 7 leaves the facility without permission or without having been 5 8 discharged, the sheriff or law enforcement professional may 5 9 request the location of the cellular telephone of the person 5 10 pursuant to Code section 34A.16. Under Code section 34A.16, a 5 11 wireless communications provider is required to provide call 5 12 location information concerning a device to a law enforcement 5 13 agency or officer or a public safety answering point upon a 5 14 request for that information if the law enforcement agency or 5 15 public safety answering point determines the information is 5 16 needed in an emergency situation that involves the risk of 5 17 death or serious physical harm. LSB 5532XS (4) 87 hb/jh
