§ 229.4 — Right to release on application

Iowa § 229.4

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

Text

A voluntary patient who requests release or whose release is requested, in writing, by the
patient’slegalguardian,parent,spouse,oradultnextofkinshallbereleasedfromthehospital
in accordance with all of the following, as applicable:
1. If the patient was admitted on the patient’s own application and the request for release
is made by some other person, release may be conditioned upon the agreement of the patient.
2. If the patient is a minor who was admitted on the application of the patient’s parent,
guardian, or custodian pursuant to section 229.2, subsection 1, the patient’s release prior to
becomingeighteenyearsofagemaybeconditionedupontheconsentoftheparent, guardian,
or custodian, or upon the approval of the juvenile court if the admission was approved by the
juvenile court.
3. If the chief medical officer of the hospital, not later than the end of the next secular
day on which the office of the clerk of the district court for the county in which the hospital
is located is open and which follows the submission of the written request for release of
the patient, files with that clerk a certification that in the chief medical officer’s opinion the
patientisseriouslymentallyimpaired, thereleasemaybepostponedfortheperiodoftimethe

court determines is necessary to permit commencement of judicial procedure for involuntary
hospitalization. That period of time may not exceed five days, exclusive of days on which the
clerk’sofficeisnotopenunlesstheperiodoftimeisextendedbyorderofadistrictcourtjudge
for good cause shown. Until disposition of the application for involuntary hospitalization
of the patient is determined, if an application is timely filed, the chief medical officer may
detain the patient in the hospital and may provide treatment which is necessary to preserve
the patient’s life, or to appropriately control behavior by the patient which is likely to result
in physical injury to the patient or to others if allowed to continue, but may not otherwise
provide treatment to the patient without the patient’s consent.

Legislative History

[C50, 54, 58, 62, 66, 71, 73, 75, §229.41; C77, 79, 81, §229.4]