§ 229.23 — Rights and privileges of hospitalized persons

Iowa § 229.23

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 229: HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS

Text

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 developed following issuance of the court order requiring involuntary
hospitalization. The plan shall be consistent with current standards appropriate to the
facility to which the person has been committed and with currently accepted standards for
psychiatric treatment of the patient’s condition, including chemotherapy, psychotherapy,
counseling and other modalities as may be appropriate.
2. Therighttorefusetreatmentbyshocktherapyorchemotherapy, unlesstheuseofthese
treatment modalities is specifically consented to by the patient’s next of kin or guardian.
The patient’s right to refuse treatment by chemotherapy shall not apply during any period of
custody authorized by section 229.4, subsection 3, section 229.11 or section 229.22, but this
exceptionshallextendonlytochemotherapytreatmentwhichis, inthechiefmedicalofficer’s
judgment, necessary to preserve the patient’s life or to appropriately control behavior by
the person which is likely to result in physical injury to that person or others if allowed to
continue. The patient’s right to refuse treatment by chemotherapy shall also not apply during
any period of custody authorized by the court pursuant to section 229.13 or 229.14. In any
othersituationinwhich, inthechiefmedicalofficer’sjudgment, chemotherapyisappropriate
forthepatientbutthepatientrefusestoconsenttheretoandthereisnonextofkinorguardian

to give consent, the chief medical officer may request an order authorizing treatment of the
patient by chemotherapy from the district court which ordered the patient’s hospitalization.
3. In addition to protection of the person’s constitutional rights, enjoyment of other legal,
medical, religious, social, political, personal and working rights and privileges which the
person would enjoy if the person were not so hospitalized or detained, so far as is possible
consistent with effective treatment of that person and of the other patients of the hospital.
If the patient’s rights are restricted, the physician’s or mental health professional’s direction
to that effect shall be noted on the patient’s record. The department shall, in accordance
with chapter 17A establish rules setting forth the specific rights and privileges to which
persons hospitalized or detained are entitled under this section, and the exceptions provided
by section 17A.2, subsection 11, paragraphs “a” and “k”, shall not be applicable to the rules
established. The patient or the patient’s next of kin or friend shall be advised of these rules
and be provided a written copy upon the patient’s admission to or arrival at the hospital.

Legislative History

[C77, 79, 81, §229.23]