Bill Text: IA SSB3151 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act concerning treatment of a person with a serious mental impairment who fails to comply with an outpatient treatment order.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-17 - Voted - Human Resources. [SSB3151 Detail]
Download: Iowa-2015-SSB3151-Introduced.html
Senate
Study
Bill
3151
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MATHIS)
A
BILL
FOR
An
Act
concerning
treatment
of
a
person
with
a
serious
mental
1
impairment
who
fails
to
comply
with
an
outpatient
treatment
2
order.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
229.13,
Code
2016,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
7.
a.
If
the
respondent
is
ordered
to
3
undergo
outpatient
treatment
and
the
respondent’s
failure
to
4
comply
with
the
course
of
treatment
results
in
behavior
by
the
5
respondent
which,
in
the
opinion
of
the
respondent’s
outpatient
6
treatment
provider,
is
likely
to
result
in
physical
injury
to
7
the
respondent’s
self
or
others
if
allowed
to
continue,
all
of
8
the
following
shall
occur:
9
(1)
The
respondent’s
outpatient
treatment
provider
shall
10
notify
the
committing
judge
in
the
appropriate
county
who
11
shall
enter
a
written
order
directing
that
the
respondent
be
12
taken
into
immediate
custody
by
the
appropriate
sheriff
or
13
sheriff’s
deputy.
The
appropriate
sheriff
or
sheriff’s
deputy
14
shall
exercise
all
due
diligence
in
taking
the
respondent
into
15
protective
custody
to
a
hospital
or
other
suitable
facility.
16
(2)
Once
in
protective
custody,
the
respondent
shall
be
17
given
the
choice
of
being
treated
by
the
appropriate
medication
18
which
may
include
the
use
of
injectable
antipsychotic
19
medicine
by
an
outpatient
treatment
provider
at
an
outpatient
20
psychiatric
clinic,
hospital,
or
other
suitable
facility
or
21
being
placed
for
treatment
under
the
care
of
a
hospital
or
22
other
suitable
facility
for
inpatient
treatment.
23
(3)
If
the
respondent
chooses
to
be
treated
by
the
24
appropriate
medication
which
may
include
the
use
of
injectable
25
antipsychotic
medicine
but
the
outpatient
treatment
provider
at
26
the
outpatient
psychiatric
clinic,
hospital,
or
other
suitable
27
facility
determines
that
the
respondent’s
behavior
continues
28
to
be
likely
to
result
in
physical
injury
to
the
respondent’s
29
self
or
others
if
allowed
to
continue,
the
outpatient
treatment
30
provider
shall
comply
with
the
provisions
of
subparagraph
(1)
31
and,
following
notice
and
hearing
held
in
accordance
with
32
the
procedures
in
section
229.12,
the
court
may
order
the
33
respondent
treated
on
an
inpatient
basis
requiring
full-time
34
custody,
care,
and
treatment
in
a
hospital
until
such
time
as
35
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the
chief
medical
officer
reports
that
the
respondent
does
not
1
require
further
treatment
for
serious
mental
impairment
or
has
2
indicated
the
respondent
is
willing
to
submit
to
treatment
on
3
another
basis
as
ordered
by
the
court.
4
b.
A
region
shall
contract
with
outpatient
treatment
5
providers
to
provide
the
appropriate
treatment
including
6
treatment
by
the
use
of
injectable
antipsychotic
medicine
7
pursuant
to
this
section.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
concerns
outpatient
treatment
of
a
person
with
12
a
serious
mental
impairment
who
fails
to
comply
with
an
13
outpatient
treatment
order.
14
The
bill
relates
to
a
person
(respondent)
who
is
under
15
a
court
order
to
undergo
outpatient
treatment
for
mental
16
illness
upon
the
conclusion
of
an
involuntary
hospitalization
17
proceeding.
The
bill
provides
that
if
the
respondent
fails
to
18
comply
with
the
course
of
treatment
and
that
failure
results
19
in
behavior
by
the
respondent
which,
in
the
opinion
of
the
20
respondent’s
outpatient
treatment
provider,
is
likely
to
21
result
in
physical
injury
to
the
respondent’s
self
or
others
22
if
allowed
to
continue,
the
respondent’s
outpatient
treatment
23
provider
is
required
to
notify
the
committing
judge.
The
24
committing
judge
shall
enter
a
written
order
directing
that
the
25
respondent
be
taken
into
immediate
custody
by
the
appropriate
26
sheriff
or
sheriff’s
deputy.
Once
in
protective
custody,
the
27
respondent
shall
be
given
the
choice
of
being
treated
by
the
28
appropriate
medication
which
may
include
the
use
of
injectable
29
antipsychotic
medicine
by
an
outpatient
treatment
provider
30
or
being
placed
for
treatment
under
the
care
of
a
hospital
31
or
other
suitable
facility
for
inpatient
treatment.
If
the
32
respondent
chooses
to
be
treated
by
the
appropriate
medication
33
which
may
include
the
use
of
injectable
antipsychotic
medicine
34
but
the
outpatient
treatment
provider
determines
that
the
35
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respondent’s
behavior
continues
to
be
likely
to
result
in
1
physical
injury
to
the
respondent’s
self
or
others
if
allowed
2
to
continue,
the
outpatient
treatment
provider
is
required
to
3
notify
the
committing
judge
who
shall
order
the
respondent
be
4
taken
into
immediate
custody.
Following
notice
and
hearing
5
held
in
accordance
with
the
procedures
in
Code
section
229.12
6
(hospitalization
hearing
procedure),
the
court
may
order
the
7
respondent
treated
on
an
inpatient
basis
requiring
full-time
8
custody,
care,
and
treatment
in
a
hospital.
9
The
bill
requires
a
mental
health
and
disability
services
10
region
to
contract
with
outpatient
treatment
providers
to
11
provide
outpatient
treatment
by
the
appropriate
medication
12
which
may
include
treatment
by
the
use
of
injectable
13
antipsychotic
medicine.
14
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