Title VI, HUMAN SERVICES (Ch. 216 - 255A)

The salary of the superintendent of each mental health institute shall be determined by the director. [R60, §1469, 1496; C97, §2258; C24, 27, 31, 35, 39, § 3486; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.4 ] 2023 Acts, ch 19, §472

In case of emergency disaster, with the infliction of numerous casualties among the civilian population, the mental health institutes may accept sick and wounded persons without commitment or any other formalities. [C62, 66, 71, 73, 75, 77, 79, 81, §226.40 ] 2023 Acts, ch 19, §49…

The mental health institute may charge for patients admitted under section 226.40 , in the manner provided by law and subject to the changes provided in section 226.42 . [C62, 66, 71, 73, 75, 77, 79, 81, §226.41 ] 2019 Acts, ch 59, §65 ; 2023 Acts, ch 19, §495

In case the mental health institutes lose contact with the seat of government, due to enemy action or otherwise, the superintendents of the institutes may do any of the following: 1. Collect moneys due the state treasury from the counties and from responsible persons or other rel…

There is established at each mental health institute a fund known as the “patients’ personal deposit fund”. [C66, 71, 73, 75, 77, 79, 81, §226.43 ] 2023 Acts, ch 19, §497

Any funds, including social security benefits, coming into the possession of the superintendent or any employee of the mental health institute belonging to any patient in that mental health institute, shall be deposited in the name of that patient in the patients’ personal deposi…

The department shall deposit the patients’ personal deposit fund in a commercial account of a bank of reputable standing. When deposits in the commercial account exceed average monthly withdrawals, the department may deposit the excess at interest. The savings account shall be in…

The superintendents and assistant physicians of the mental health institutes, when called as witnesses in any court, shall be paid the same mileage which other witnesses are paid and in addition shall be paid a fee of twenty-five dollars per day, the fee to revert to the support …

The superintendent shall: 1. Have the control of the medical, mental, moral, and dietetic treatment of the patients in the superintendent’s custody subject to the approval of the director. 2. Require all subordinate officers and employees to perform their respective duties. 3. Ha…

1. a. Preference in the reception of patients into the mental health institutes shall be exercised in the following order: (1) Cases of less duration than one year. (2) Chronic cases, where the disease is of more than one-year duration, presenting the most favorable prospect for …

1. Admission or transfer pursuant to section 222.7 to a state mental health institute of a person with a diagnosis of an intellectual disability, as defined in section 4.1 , shall only occur under the following conditions: a. If all of the following requirements are met: (1) The …

The superintendent, upon the receipt of a duly executed order of admission of a patient into a state mental health institute, pursuant to section 229.13 , shall take the patient into custody and restrain the patient as provided by law and the rules of the department, without liab…

Effective January 1, 1991, a juvenile who is committed to a state mental health institute shall not be placed in a secure ward with adults. 89 Acts, ch 283, §21

1. The psychiatric medical institution for children beds operated by the state at the state mental health institute at Independence, as authorized in section 135H.6 , shall operate on the basis of a net appropriation from the general fund of the state. The allocation made by the …

As used in this chapter : 1. “Administrative information” means an individual’s name, identifying number, age, sex, address, dates and character of professional services provided to the individual, fees for the professional services, third-party payor name and payor number of a p…

1. Except as specifically authorized in subsection 4 , section 228.3 , 228.5 , 228.6 , 228.7 , or 228.8 , or for the purposes of care coordination as defined in section 135D.2 if not otherwise restricted by federal law or regulation, a mental health professional, data collector, …

1. An individual eighteen years of age or older or an individual’s legal representative may consent to the disclosure of mental health information relating to the individual by a mental health professional, data collector, or employee or agent of a mental health professional, of …

An individual or an individual’s legal representative may revoke a prior authorization by providing a written revocation to the recipient named in the authorization and to the mental health professional, data collector, or employee or agent of a mental health professional, of a d…

1. An individual or an individual’s legal representative shall be informed that mental health information relating to the individual may be disclosed to employees or agents of or for the same mental health facility or to other providers of professional services or their employees…

1. A mental health professional or an employee of or agent for a mental health facility may disclose mental health information if and to the extent necessary, to meet the requirements of section 229.24 , 229.25 , 230A.108 ,* 232.74 , or 232.147 , or to meet the compulsory reporti…

1. Mental health information may be disclosed, in accordance with the prior written consent of the patient or the patient’s legal representative, by a mental health professional, data collector, or employee or agent of a mental health professional, a data collector, or a mental h…

1. Mental health information relating to an individual may be disclosed by a mental health professional, at the minimum consistent with applicable laws and standards of ethical conduct, to a law enforcement professional if all of the following apply: a. The disclosure is made in …

1. A mental health professional or an employee of or agent for a mental health facility may disclose mental health information to the spouse, parent, adult child, or adult sibling of an individual who has chronic mental illness, if all of the following conditions are met: a. The …

Except as otherwise provided in this section , a person in possession of psychological test material shall not disclose the material to any other person, including the individual who is a subject of the test. In addition, the test material shall not be disclosed in any administra…

As used in this chapter , unless the context clearly requires otherwise: 1. “Administrative services organization” means the same as defined in section 225A.1 . 2. “Advocate” means a mental health advocate. 3. “Auditor” means the county auditor or the auditor’s designee. 4. “Beha…

1. a. An examination of the respondent shall be conducted by one or more licensed physicians or mental health professionals, as required by the court’s order, within a reasonable time. If the respondent is detained pursuant to section 229.11, subsection 1 , paragraph “b” , the ex…

1. If the applicant requests that the respondent be taken into immediate custody and the judge, upon reviewing the application and accompanying documentation, finds probable cause to believe that the respondent has a serious mental impairment and is likely to injure the responden…

1. At the hospitalization hearing, evidence in support of the contentions made in the application shall be presented by the county attorney. During the hearing the applicant and the respondent shall be afforded an opportunity to testify and to present and cross-examine witnesses,…

1. If upon completion of the hospitalization hearing the court finds by clear and convincing evidence that the respondent has a serious mental impairment, the court shall order the respondent committed as expeditiously as possible for a complete psychiatric evaluation and appropr…

1. The chief medical officer’s report to the court on the psychiatric evaluation of the respondent shall be made not later than the expiration of the time specified in section 229.13 . At least two copies of the report shall be filed with the clerk, who shall dispose of them in t…

1. With respect to a chief medical officer’s report made pursuant to section 229.14, subsection 1 , paragraph “b” , “c” , or “d” , or any other provision of this chapter related to involuntary commitment for which the court issues a placement order or a transfer of placement is a…

A person who is placed in a hospital or other suitable facility for evaluation under section 229.13 or who is required to remain hospitalized for treatment under section 229.14 shall remain at that hospital or facility unless discharged or otherwise permitted to leave by the cour…

1. Not more than thirty days after entry of an order for continued hospitalization of a patient under section 229.14, subsection 1 , paragraph “b” , and thereafter at successive intervals of not more than sixty days continuing so long as involuntary hospitalization of the patient…

When the condition of a patient who is hospitalized pursuant to a report issued under section 229.14, subsection 1 , paragraph “b” , or is receiving treatment pursuant to a report issued under section 229.14, subsection 1 , paragraph “c” , or is in full-time care and custody purs…

If a respondent appeals to the supreme court from a finding that the contention the respondent is seriously mentally impaired has been sustained, and the respondent was previously ordered taken into immediate custody under section 229.11 or has been hospitalized for psychiatric e…

When the court directs that a respondent who was previously ordered taken into immediate custody under section 229.11 be placed in a hospital for psychiatric evaluation and appropriate treatment under section 229.13 , and no suitable hospital can immediately admit the respondent,…

1. a. (1) The board of supervisors of each county shall appoint an individual to act as an advocate representing the interests of patients involuntarily hospitalized by the court in matters relating to a patient’s hospitalization or treatment under section 229.14 or 229.15 . The …

As mental illness is often a continuing condition which is subject to wide and unpredictable changes in condition and fluctuations in reoccurrence and remission, this chapter shall be liberally construed to give recognition to these medical facts. 89 Acts, ch 275, §2

Notwithstanding any provision of this chapter to the contrary, any person whose hospitalization expenses are payable in whole or in part by an administrative services organization shall be subject to all administrative requirements of the administrative services organization. 96 …

1. a. An application for admission to a public or private hospital for observation, diagnosis, care, and treatment as a voluntary patient may be made by any person who is mentally ill or has symptoms of mental illness. b. In the case of a minor, the parent, guardian, or custodian…

1. The chief judge of each judicial district may appoint at least one judicial hospitalization referee for each county within the district. The judicial hospitalization referee shall be an attorney, licensed to practice law in this state, who shall be chosen with consideration to…

1. The procedure prescribed by this section shall be used when it appears that a person should be immediately detained due to serious mental impairment, but an application has not been filed naming the person as the respondent pursuant to section 229.6 , and the person cannot be …

Every person who is hospitalized or detained under this chapter shall have the right to: 1. Prompt evaluation, necessary psychiatric services, and additional care and treatment as indicated by the patient’s condition. A comprehensive, individualized treatment plan shall be timely…

1. All papers and records pertaining to any involuntary hospitalization or application pursuant to section 229.6 of any person under this chapter , whether part of the permanent record of the court or of a file in the department, are subject to inspection only upon an order of th…

1. a. The records maintained by a hospital or other facility relating to the examination, custody, care and treatment of any person in that hospital or facility pursuant to this chapter shall be confidential, except that the chief medical officer shall release appropriate informa…

Sections 229.6 through 229.19 constitute the exclusive procedure for involuntary hospitalization of persons by reason of serious mental impairment in this state, except that this chapter does not negate the provisions of section 904.503 relating to transfer of prisoners with ment…