Bill Text: IA SF2312 | 2011-2012 | 84th General Assembly | Enrolled

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Bill Title: A bill for an act relating to persons with mental health illnesses and substance-related disorders. (Formerly SSB 3137.) Effective 7-1-12.

Sponsorship: Committee Bill

Status: (Passed) 2012-04-12 - Signed by Governor. S.J. 794. [SF2312 Detail]

Download: Iowa-2011-SF2312-Enrolled.html

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Senate File 2312
AN ACT
RELATING TO PERSONS WITH MENTAL HEALTH ILLNESSES AND
SUBSTANCE-RELATED DISORDERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 80B.11, subsection 1, paragraph c, Code
2011, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (3) In-service training under this
paragraph “c” shall include the requirement that all law
enforcement officers complete a course on mental health at
least once every four years. In developing the requirements

Senate File 2312, p. 2
for this training, the director shall seek input from mental
health care providers and mental health care consumers.
Sec. 2. Section 125.91, subsection 1, Code Supplement 2011,
is amended to read as follows:
1. The procedure prescribed by this section shall only be
used for an intoxicated person who has threatened, attempted,
or inflicted physical self-harm or harm on another, and is
likely to inflict physical self-harm or harm on another unless
immediately detained, or who is incapacitated by a chemical
substance, if that person cannot be taken into immediate
custody under sections 125.75 and 125.81 because immediate
access to the court is not possible an application has not been
filed naming the person as the respondent pursuant to section
125.75 and the person cannot be ordered into immediate custody
and detained pursuant to section 125.81 .
Sec. 3. Section 135C.3, subsection 1, Code 2011, is amended
to read as follows:
1. A licensed nursing facility shall provide an organized
twenty-four-hour program of services commensurate with the
needs of its residents and under the immediate direction
of a licensed nurse. Medical and nursing services must be
provided under the direction of either a house physician or an
individually selected physician. Surgery or obstetrical care
shall not be provided within the facility. An admission to
the nursing facility must be based on a physician’s written
order certifying that the individual being admitted requires
no greater degree of nursing care than the facility to which
the admission is made is licensed to provide and is capable
of providing. The nursing facility is not required to admit
an individual through court order, referral, or other means
without the express prior approval of the administrator of the
nursing facility.
Sec. 4. Section 135C.4, Code 2011, is amended to read as
follows:
135C.4 Residential care facilities.
1. Each facility licensed as a residential care facility
shall provide an organized continuous twenty-four-hour program
of care commensurate with the needs of the residents of the
home and under the immediate direction of a person approved
and certified by the department whose combined training
and supervised experience is such as to ensure adequate and
competent care.
2. All admissions to residential care facilities shall be

Senate File 2312, p. 3
based on an order written by a physician certifying that the
individual being admitted does not require nursing services or
that the individual’s need for nursing services can be avoided
if home and community-based services, other than nursing care,
as defined by this chapter and departmental rule, are provided.
3. For the purposes of this section , the home and
community-based services to be provided shall be limited to the
type included under the medical assistance program provided
pursuant to chapter 249A , shall be subject to cost limitations
established by the department of human services under the
medical assistance program, and except as otherwise provided by
the department of inspections and appeals with the concurrence
of the department of human services, shall be limited in
capacity to the number of licensed residential care facilities
and the number of licensed residential care facility beds in
the state as of December 1, 2003.
4. A residential care facility is not required to admit
an individual through court order, referral, or other means
without the express prior approval of the administrator of the
residential care facility.
Sec. 5. Section 228.1, subsection 6, Code 2011, is amended
by striking the subsection and inserting in lieu thereof the
following:
6. “Mental health professional” means an individual who has
either of the following qualifications:
a. The individual meets all of the following requirements:
(1) The individual holds at least a master’s degree in a
mental health field, including but not limited to psychology,
counseling and guidance, nursing, and social work, or is an
advanced registered nurse practitioner, a physician assistant,
or a physician and surgeon or an osteopathic physician and
surgeon.
(2) The individual holds a current Iowa license if
practicing in a field covered by an Iowa licensure law.
(3) The individual has at least two years of post-degree
clinical experience, supervised by another mental health
professional, in assessing mental health needs and problems and
in providing appropriate mental health services.
b. The individual holds a current Iowa license if
practicing in a field covered by an Iowa licensure law and is
a psychiatrist, an advanced registered nurse practitioner who
holds a national certification in psychiatric mental health
care registered by the board of nursing, a physician assistant

Senate File 2312, p. 4
practicing under the supervision of a psychiatrist, or an
individual who holds a doctorate degree in psychology and is
licensed by the board of psychology.
Sec. 6. Section 229.1, Code Supplement 2011, is amended by
adding the following new subsection:
NEW SUBSECTION . 8A. “Mental health professional” means the
same as defined in section 228.1.
Sec. 7. Section 229.1, subsection 14, Code Supplement 2011,
is amended by striking the subsection.
Sec. 8. Section 229.1, subsection 16, Code Supplement 2011,
is amended to read as follows:
16. “Serious emotional injury” is an injury which does not
necessarily exhibit any physical characteristics, but which can
be recognized and diagnosed by a licensed physician or other
qualified mental health professional and which can be causally
connected with the act or omission of a person who is, or is
alleged to be, mentally ill.
Sec. 9. NEW SECTION . 229.5A Preapplication screening
assessment —— program.
Prior to filing an application for involuntary
hospitalization pursuant to section 229.6, the clerk of
the district court or the clerk’s designee shall inform
the interested person referred to in section 229.6,
subsection 1, about the option of requesting a preapplication
screening assessment through a preapplication screening
assessment program. The state court administrator shall
prescribe practices and procedures for implementation of the
preapplication screening assessment program.
Sec. 10. Section 229.6, Code 2011, is amended to read as
follows:
229.6 Application for order of involuntary hospitalization.
1. Proceedings for the involuntary hospitalization of an
individual may be commenced by any interested person by filing
a verified application with the clerk of the district court of
the county where the respondent is presently located, or which
is the respondent’s place of residence. The clerk, or the
clerk’s designee, shall assist the applicant in completing the
application. The application shall:
1. a. State the applicant’s belief that the respondent is
seriously mentally impaired.
2. b. State any other pertinent facts.
3. c. Be accompanied by any of the following :
a. (1) A written statement of a licensed physician in

Senate File 2312, p. 5
support of the application ; or .
b. (2) One or more supporting affidavits otherwise
corroborating the application ; or .
c. (3) Corroborative information obtained and reduced to
writing by the clerk or the clerk’s designee, but only when
circumstances make it infeasible to comply with, or when the
clerk considers it appropriate to supplement the information
supplied pursuant to, either paragraph “a” or paragraph “b” of
this subsection subparagraph (1) or (2) .
2. Prior to the filing of an application pursuant to this
section, the clerk or the clerk’s designee shall inform the
interested person referred to in subsection 1 about the option
of requesting a preapplication screening assessment pursuant
to section 229.5A.
Sec. 11. Section 229.10, subsection 1, paragraph b, Code
2011, is amended to read as follows:
b. Any licensed physician conducting an examination pursuant
to this section may consult with or request the participation
in the examination of any qualified mental health professional,
and may include with or attach to the written report of the
examination any findings or observations by any qualified
mental health professional who has been so consulted or has so
participated in the examination.
Sec. 12. Section 229.12, subsection 3, paragraph b, Code
2011, is amended to read as follows:
b. The licensed physician or qualified mental health
professional who examined the respondent shall be present at
the hearing unless the court for good cause finds that the
licensed physician’s or qualified mental health professional’s
presence or testimony is not necessary. The applicant,
respondent, and the respondent’s attorney may waive the
presence or the telephonic appearance of the licensed physician
or qualified mental health professional who examined the
respondent and agree to submit as evidence the written
report of the licensed physician or qualified mental health
professional. The respondent’s attorney shall inform the
court if the respondent’s attorney reasonably believes that
the respondent, due to diminished capacity, cannot make an
adequately considered waiver decision. “Good cause” for finding
that the testimony of the licensed physician or qualified
mental health professional who examined the respondent is not
necessary may include but is not limited to such a waiver.
If the court determines that the testimony of the licensed

Senate File 2312, p. 6
physician or qualified mental health professional is necessary,
the court may allow the licensed physician or the qualified
mental health professional to testify by telephone.
Sec. 13. Section 229.19, subsection 1, paragraph d, Code
2011, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (7) To utilize the related best practices
for the duties identified in this paragraph “d” developed and
promulgated by the judicial council.
Sec. 14. Section 229.19, subsection 1, Code 2011, is amended
by adding the following new paragraph:
NEW PARAGRAPH . e. An advocate may also be appointed
pursuant to this section for an individual who has
been diagnosed with a co-occurring mental illness and
substance-related disorder.
Sec. 15. Section 229.22, subsection 1, Code Supplement
2011, is amended to read as follows:
1. The procedure prescribed by this section shall not be
used unless when it appears that a person should be immediately
detained due to serious mental impairment, but that person
cannot be immediately detained by the procedure prescribed
in sections 229.6 and 229.11 because there is no means of
immediate access to the district court an application has not
been filed naming the person as the respondent pursuant to
section 229.6, and the person cannot be ordered into immediate
custody and detained pursuant to section 229.11 .
Sec. 16. Section 602.1209, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION . 15A. Prescribe practices and procedures
for the implementation of the preapplication screening
assessment program referred to in section 229.5A.
Sec. 17. CONTINUATION OF WORKGROUP BY JUDICIAL BRANCH AND
DEPARTMENT OF HUMAN SERVICES —— CONSOLIDATION OF SERVICES ——
PATIENT ADVOCATE. The judicial branch and department of human
services shall continue the workgroup implemented pursuant
to 2010 Iowa Acts, chapter 1192, section 24, subsection
2, and extended pursuant to 2011 Iowa Acts, chapter 121,
section 2, to study and make recommendations relating to the
consolidation of the processes for involuntary commitment
for persons with substance-related disorders under chapter
125, for intellectual disability under chapter 222, and for
serious mental illness under chapter 229. The workgroup
shall also include representatives from the department of
public health. The workgroup shall also study and make

Senate File 2312, p. 7
recommendations concerning the feasibility of establishing an
independent statewide patient advocate program for qualified
persons representing the interests of patients suffering from
mental illness, intellectual disability, or a substance-related
disorder and involuntarily committed by the court, in any
matter relating to the patients’ hospitalization or treatment
under chapters 125, 222, and 229, and shall also include
recommendations for a patient advocate representing the
interests of patients found not guilty of a crime by reason of
insanity. The workgroup shall also consider the implementation
of consistent reimbursement standards for patient advocates
supported by a state-funded system and shall also consider the
role of the advocate for a person who has been diagnosed with
a co-occurring mental illness and substance-related disorder.
The workgroup shall solicit input from current mental health
advocates and mental health and substance-related disorder care
providers and individuals receiving services whose interests
would be represented by an independent statewide advocate
program and shall submit a report on the study and make
recommendations to the governor and the general assembly by
December 1, 2012.
Sec. 18. COMPREHENSIVE JAIL DIVERSION PROGRAM —— MENTAL
HEALTH COURTS —— STUDY. The division of criminal and juvenile
justice planning of the department of human rights shall
conduct a study regarding the possible establishment of a
comprehensive statewide jail diversion program, including the
establishment of mental health courts, for nonviolent criminal
offenders who suffer from mental illness. The division
shall solicit input from the department of human services,
the department of corrections, and other members of the
criminal justice system including but not limited to judges,
prosecutors, and defense counsel, and mental health treatment
providers and consumers. The division shall establish the
duties, scope, and membership of the study commission and shall
also consider the feasibility of establishing a demonstration
mental health court. The division shall submit a report on the
study and make recommendations to the governor and the general
assembly by December 1, 2012.
Sec. 19. PRIOR LAW ENFORCEMENT MENTAL HEALTH TRAINING. A
law enforcement officer who has completed academy-approved
mental health training within the twelve-month period prior to
the effective date of this Act, either through in-service or
academy-approved basic training, shall be considered to have

Senate File 2312, p. 8
met the first four-year mental health training requirement of
section 80B.11, subsection 1, paragraph “c”, subparagraph (3),
as enacted in this Act.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2312, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor