Bill Text: IA SF75 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the disclosure of mental health information to law enforcement professionals. (See SF 453.)
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-02-23 - Subcommittee recommends amendment and passage. [SF75 Detail]
Download: Iowa-2017-SF75-Introduced.html
Senate File 75 - Introduced SENATE FILE BY KINNEY A BILL FOR 1 An Act relating to the disclosure of mental health information 2 to law enforcement professionals. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1100XS (2) 87 hb/rh/rj PAG LIN 1 1 Section 1. Section 228.1, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3A. "Law enforcement professional" means 1 4 a law enforcement officer as defined in section 80B.3, county 1 5 attorney as defined in section 331.101, probation or parole 1 6 officer, or jailer. 1 7 Sec. 2. NEW SECTION. 228.7A Disclosures to law enforcement 1 8 professionals. 1 9 Mental health information relating to an individual may be 1 10 disclosed by mental health professionals to a law enforcement 1 11 professional if and to the extent necessary to prevent a 1 12 serious and imminent threat to the health or safety of the 1 13 individual or others. 1 14 EXPLANATION 1 15 The inclusion of this explanation does not constitute agreement with 1 16 the explanation's substance by the members of the general assembly. 1 17 This bill relates to the disclosure of mental health 1 18 information to law enforcement professionals. 1 19 Under Code chapter 228, a mental health professional, data 1 20 collector, or employee or agent thereof, is prohibited from 1 21 disclosing or allowing the disclosure of an individual's 1 22 mental health information without the individual's consent or 1 23 written authorization. However, disclosure of such mental 1 24 health information without the individual's consent or written 1 25 authorization is allowed under certain circumstances, including 1 26 for certain administrative disclosures to other mental health 1 27 providers for administrative and professional services to 1 28 the individual and to meet certain compulsory disclosure 1 29 requirements pursuant to state or federal law. In addition, 1 30 the disclosure of certain limited mental health information is 1 31 allowed to authorized family members without the individual's 1 32 consent or written authorization in some circumstances. 1 33 The bill allows for the disclosure of mental health 1 34 information by a mental health professional relating to 1 35 an individual without the individual's consent or written 2 1 permission to a law enforcement professional to the extent 2 2 necessary to prevent a serious and imminent threat to the 2 3 health and safety of the individual or others. 2 4 The bill defines "law enforcement professional" to mean 2 5 a law enforcement officer as defined in Code section 80B.3 2 6 (an officer appointed by the director of the department of 2 7 natural resources, a member of the police force or other 2 8 agency or department of the state, county, city, or tribal 2 9 government regularly employed as such and who is responsible 2 10 for the prevention and detection of crime and the enforcement 2 11 of the criminal laws of this state and all individuals, as 2 12 determined by the council, who by the nature of their duties 2 13 may be required to perform the duties of a peace officer), 2 14 county attorney as defined in Code section 331.101 (the 2 15 county attorney, a deputy county attorney or an assistant 2 16 county attorney designated by the county attorney), probation 2 17 or parole officer, or jailer. "Mental health information" 2 18 is defined in Code section 228.1 to mean oral, written, 2 19 or recorded information which indicates the identity of an 2 20 individual receiving professional services and which relates to 2 21 the diagnosis, course, or treatment of the individual's mental 2 22 or emotional condition. LSB 1100XS (2) 87 hb/rh/rj
