Iowa Code » Chapter 228 — DISCLOSURE OF MENTAL HEALTH AND PSYCHOLOGICAL INFORMATION
Iowa Code

Iowa Code § 228.2 (2026)

Mental health information disclosure prohibited — exceptions — record of disclosure

✓ current as of July 2026
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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, or employee or agent of a mental health professional, of a data collector, or of or for a mental health facility shall not disclose or permit the disclosure of mental health information.

2. a. Upon disclosure of mental health information pursuant to 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, the person disclosing the mental health information shall enter a notation on and maintain the notation with the individual’s record of mental health information, stating the date of the disclosure and the name of the recipient of mental health information.

b. The person disclosing the mental health information shall give the recipient of the information a statement which informs the recipient that disclosures may only be made pursuant to the written authorization of an individual or an individual’s legal representative, or as otherwise provided in this chapter, that the unauthorized disclosure of mental health information is unlawful, and that civil damages and criminal penalties may be applicable to the unauthorized disclosure of mental health information.

3. A recipient of mental health information shall not disclose the information received, except as specifically authorized for initial disclosure 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.

4. Mental health information may be transferred at any time to another facility, physician, or mental health professional in cases of a medical emergency or if the individual or the individual’s legal representative requests the transfer in writing for the purposes of receipt of medical or mental health professional services, at which time the requirements of subsection 2 shall be followed. 86 Acts, ch 1082, §2; 88 Acts, ch 1226, §4, 5; 90 Acts, ch 1079, §2; 2009 Acts, ch 41, §263; 2016 Acts, ch 1055, §2, 3, 5, 6 Referred to in §228.5 Confidentiality of records and communications, see also §217.30 and 622.10\n\nTue Dec 09 22:21:29 2025 Iowa Code 2026, Chapter 228 (33, 1) 3 DISCLOSURE OF MENTAL HEALTH AND PSYCHOLOGICAL INFORMATION, §228.5 \n

Notes of Decisions
Cited in 7 cases, 1976–2019 · leading case: Natalie Slaughter v. Des Moines Univ. Coll. of Osteopathic Med., 925 N.W.2d 793 (Iowa 2019).
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Natalie Slaughter v. Des Moines Univ. Coll. of Osteopathic Med., 925 N.W.2d 793 (Iowa 2019). · cites it 2× “Iowa Code § 228.2 (1). Chapter 228 permits certain limited disclosures.”
State v. Heemstra, 721 N.W.2d 549 (Iowa 2006). · cites it 2× “Iowa Code § 228.2 (1). This section is broader than the general privilege statute, Iowa Code § 622.”
State Of Iowa Vs. Ross Ian Cashen, 789 N.W.2d 400 (Iowa 2010). · cites it 2× “See Iowa Code § 228.2 (2). 22 health records).”
Doe v. Cent. Iowa Health Sys., 766 N.W.2d 787 (Iowa 2009). “Iowa Code § 228.2 (2003). At the close of Doe’s case, Iowa Health moved for a directed verdict.”
Stamus v. Leonhardt, 414 F. Supp. 439 (S.D. Iowa 1976). “Iowa Code § 228.2 , § 228.3. Involuntary hospitalization of an individual was instituted by the filing of a sworn information which had to allege that the person (hereinafter referred to as the subject) was “believed to be mentally ill, and a *443 fit subject for custody and…”
John Doe Vs. Cent. Iowa Health Sys. D/b/a Iowa Health Des Moines D/b/a Iowa Methodist Med. Ctr. & D/b/a Iowa Lutheran Hosp. (Iowa 2009). “Iowa Code § 228.2 (2003). At the close of Doe’s case, Iowa Health moved for a directed verdict.”
State Of Iowa Vs. Rodney Neil Heemstra (Iowa 2006). “Iowa Code § 228.2 (1). This section is broader than the general privilege statute, Iowa Code § 622.”
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