Iowa Code

Iowa Code § 229.23 (2026)

Rights and privileges of hospitalized persons

✓ current as of July 2026

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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. The right to refuse treatment by shock therapy or chemotherapy, unless the use of these 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 exception shall extend only to chemotherapy treatment which is, in the chief medical officer’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 other situation in which, in the chief medical officer’s judgment, chemotherapy is appropriate for the patient but the patient refuses to consent thereto and there is no next of kin or guardian\n\nTue Dec 09 22:21:30 2025 Iowa Code 2026, Chapter 229 (47, 1) §229.23, HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS 22\n\nto 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. [C77, 79, 81, §229.23] 83 Acts, ch 96, §157, 159; 89 Acts, ch 275, §6; 2017 Acts, ch 34, §17; 2023 Acts, ch 19, §526 Referred to in §229.14A \n

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1987–2025 · leading case: In the Matter of L.H., Alleged to Be Seriously Mentally Impaired, L.H., 890 N.W.2d 333 (Iowa Ct. App. 2016).

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In the Matter of L.H., Alleged to Be Seriously Mentally Impaired, L.H., 890 N.W.2d 333 (Iowa Ct. App. 2016). · cites it 4× “Pursuant to an order of this court, a court reporter prepared a transcript of the electronic recording of the January 11 hearing, and the parties submitted new briefs addressing the DAJ’s ruling. We, now proceed to the merits of L.”

Paul Edward Dautremont v. Broadlawns Hosp., 827 F.2d 291 (8th Cir. 1987). “” See Iowa Code Ann. § 229.23 (“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.”

B.A.A. v. Chief Med. Officer, Univ. of Iowa Hospitals, 421 N.W.2d 118 (Iowa 1988). “at § 229.23(2). Later, Bryan consented to ECT treatments, which, he testified, helped him “considerably.”

Jasper Cnty. v. McCall, 420 N.W.2d 801 (Iowa 1988). · cites it 2× “Section 229.23 seems to expressly recognize the minimum requirements defined in Youngberg v.”

In re R.M.P., 521 N.W.2d 765 (Iowa Ct. App. 1994). · cites it 2× “Because Iowa law does not confer a protected interest under Iowa Code section 229.23(2), appellant cannot argue for a greater right under federal law.”

In the Interest of the Matter of K.H., Alleged to Be Seriously Mentally Impaired, K.H. (Iowa Ct. App. 2016). · cites it 8× “See Iowa Code § 229.23 (2). “Chemotherapy” is defined as the “treatment of an individual by use of a drug or substance which cannot legally be delivered or administered to the ultimate user without a physician’s prescription or medical order.”

Salcido Ex Rel. Gilliland v. Woodbury Cnty., Iowa, 119 F. Supp. 2d 900 (N.D. Iowa 2000). · cites it 17× “14 (2) (the chief medical officer’s report to the hospital referee on the psychiatric evaluation shall state, as one alternative, “[t]hat the respondent is seriously mentally impaired and in need of full-time custody, care and treatment in a hospital, and is considered likely to…”

In the Matter of E.R., Alleged to be Seriously Mentally Impaired (Iowa Ct. App. 2021). · cites it 6× “” Iowa Code § 229.23 (2). E.R. is subject to a custodial placement pursuant to chapter 229.”

State of Iowa & Iowa Dep't of Human Servs. v. Iowa Dist. Court for Marshall Cnty. (Iowa Ct. App. 2016). · cites it 3× ““In a placement hearing, the court shall determine a placement for the respondent in accordance with the requirements of section 229.23, taking into consideration the evidence presented by all the parties.”

In re T.C. (Iowa Ct. App. 2025). · cites it 2× “cites his lack of progress in residential treatment despite the significant length of time spent there. But we find the court did not err in finding his current placement was the best option.”

In Re the Matter of S.L., Alleged to Be Seriously Mentally Impaired, S.L. (Iowa Ct. App. 2014). · cites it 2× “In 2 Iowa Code section 229.23 identifies the rights and privileges of hospitalized persons.”

— Iowa Code § 229.23(1) — 2 cases

State of Iowa & Iowa Dep't of Human Servs. v. Iowa Dist. Court for Marshall Cnty. (Iowa Ct. App. 2016). ““In a placement hearing, the court shall determine a placement for the respondent in accordance with the requirements of section 229.23, taking into consideration the evidence presented by all the parties.”

Salcido Ex Rel. Gilliland v. Woodbury Cnty., Iowa, 119 F. Supp. 2d 900 (N.D. Iowa 2000). “14 (2) (the chief medical officer’s report to the hospital referee on the psychiatric evaluation shall state, as one alternative, “[t]hat the respondent is seriously mentally impaired and in need of full-time custody, care and treatment in a hospital, and is considered likely to…”

— Iowa Code § 229.23(2) — 4 cases

B.A.A. v. Chief Med. Officer, Univ. of Iowa Hospitals, 421 N.W.2d 118 (Iowa 1988). “at § 229.23(2). Later, Bryan consented to ECT treatments, which, he testified, helped him “considerably.”

In re R.M.P., 521 N.W.2d 765 (Iowa Ct. App. 1994). “Because Iowa law does not confer a protected interest under Iowa Code section 229.23(2), appellant cannot argue for a greater right under federal law.”

In the Interest of the Matter of K.H., Alleged to Be Seriously Mentally Impaired, K.H. (Iowa Ct. App. 2016). “See Iowa Code § 229.23 (2). “Chemotherapy” is defined as the “treatment of an individual by use of a drug or substance which cannot legally be delivered or administered to the ultimate user without a physician’s prescription or medical order.”

In the Matter of E.R., Alleged to be Seriously Mentally Impaired (Iowa Ct. App. 2021). “” Iowa Code § 229.23 (2). E.R. is subject to a custodial placement pursuant to chapter 229.”

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