Iowa Code

Iowa Code § 228.8 (2026)

Disclosures to family members

✓ current as of July 2026

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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 disclosure is necessary to assist in the provision of care or monitoring of the individual’s treatment.

b. The spouse, parent, adult child, or adult sibling is directly involved in providing care to or monitoring the treatment of the individual.

c. The involvement of the spouse, parent, adult child, or adult sibling is verified by the individual’s attending physician, attending mental health professional, or a person other than the spouse, parent, adult child, or adult sibling who is responsible for providing treatment to the individual.

2. A request for mental health information by a person authorized to receive such information under this section shall be in writing, except in an emergency as determined by the mental health professional verifying the involvement of the spouse, parent, adult child, or adult sibling.\n\nTue Dec 09 22:21:29 2025 Iowa Code 2026, Chapter 228 (33, 1) §228.8, DISCLOSURE OF MENTAL HEALTH AND PSYCHOLOGICAL INFORMATION 6\n\n 3. Unless the individual has been adjudged incompetent, the person verifying the involvement of the spouse, parent, adult child, or adult sibling shall notify the individual of the disclosure of the individual’s mental health information under this section.

4. Mental health information disclosed under this section is limited to the following:

a. A summary of the individual’s diagnosis and prognosis.

b. A listing of the medication which the individual has received and is receiving and the individual’s record of compliance in taking medication prescribed for the previous six months.

c. A description of the individual’s treatment plan. 90 Acts, ch 1079, §1 Referred to in §228.2 \n

Notes of Decisions

Cited in 5 cases, 1946–1976 · leading case: Stamus v. Leonhardt, 414 F. Supp. 439 (S.D. Iowa 1976).

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Stamus v. Leonhardt, 414 F. Supp. 439 (S.D. Iowa 1976). · cites it 3× “Iowa Code § 228.8 . The members of the commission were to include the clerk of the district court, a “reputable” practicing physician and a “reputable” practicing lawyer, with the latter two being appointed by the district court for a term of two years.”

State v. Gaffney, 25 N.W.2d 352 (Iowa 1946). · cites it 4× “” But it is' specifically provided in section 228.8, Code, 1946, that the commission of insanity “have jurisdiction of all applications for the commitment to the state hospitals for the insane, or for the otherwise safekeeping, of insane persons within its county, unless the…”

Hiatt v. Soucek, 36 N.W.2d 432 (Iowa 1949). · cites it 2× “See Code section 228.8. There would of necessity be a lapse of time between the discharge and the insanity inquest.”

State v. Medina, 165 N.W.2d 777 (Iowa 1969). · cites it 2× “* * Section 228.8. Code section 229.1 specifies the form and content of informations or applications for admission to the hospitals for the mentally ill.”

Monson v. Hospitalization Com'n for Polk Cnty., Iowa, 338 F. Supp. 1315 (S.D. Iowa 1972). · cites it 2× “§ 228.8. Each commission is composed of three members and consists of the clerk of the District Court or, in his absence, his deputy, a reputable physician engaged in actual practice, and one reputable and actively practicing attorney.”

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