229.38 Cruelty or official misconduct.
If any person having the care of a person with mental illness who has voluntarily entered a hospital or other facility for treatment or care, or who is responsible for psychiatric examination care, treatment, and maintenance of any person involuntarily hospitalized under sections 229.6 through 229.15, whether in a hospital or elsewhere, with or without proper authority, shall treat such patient with unnecessary severity, harshness, or cruelty, or in any way abuse the patient or if any person unlawfully detains or deprives of liberty any person with mental illness or any person who is alleged to have mental illness, or if any officer required by the provisions of this chapter and chapters 226 and 227, to perform any act shall willfully refuse or neglect to perform the same, the offending person shall, unless otherwise provided, be guilty of a serious misdemeanor.
[C73, §1415, 1416, 1440, 1445; C97, §2307; C24, 27, 31, 35, 39, §3578; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.38]
96 Acts, ch 1129, §59; 2020 Acts, ch 1063, §88
Structure Iowa Code
Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS
Section 229.1A - Legislative intent.
Section 229.1B - Regional administrator.
Section 229.2 - Application for voluntary admission — authority to receive voluntary patients.
Section 229.2A - Dual filings.
Section 229.3 - Discharge of voluntary patients.
Section 229.4 - Right to release on application.
Section 229.5 - Departure without notice.
Section 229.5A - Preapplication screening assessment — program.
Section 229.6 - Application for order of involuntary hospitalization.
Section 229.6A - Hospitalization of minors — jurisdiction — due process.
Section 229.7 - Service of notice upon respondent.
Section 229.8 - Procedure after application is filed.
Section 229.9 - Respondent’s attorney informed.
Section 229.9A - Advocate informed.
Section 229.10 - Physicians’ or mental health professionals’ examination — report.
Section 229.11 - Judge may order immediate custody.
Section 229.12 - Hearing procedure.
Section 229.13 - Evaluation order — treatment — unauthorized departure or failure to appear.
Section 229.14 - Chief medical officer’s report.
Section 229.14A - Placement order — notice and hearing.
Section 229.14B - Escape from custody.
Section 229.15 - Periodic reports required.
Section 229.16 - Discharge and termination of proceeding.
Section 229.17 - Status of respondent during appeal.
Section 229.18 - Status of respondent if hospitalization is delayed.
Section 229.19 - Advocates — appointment — duties — employment and compensation.
Section 229.21 - Judicial hospitalization referee — appeals to district court.
Section 229.22 - Hospitalization — emergency procedure.
Section 229.23 - Rights and privileges of hospitalized persons.
Section 229.24 - Records of involuntary hospitalization proceeding to be confidential.
Section 229.25 - Medical records to be confidential — exceptions.
Section 229.26 - Exclusive procedure for involuntary hospitalization.
Section 229.28 - Hospitalization in certain federal facilities.
Section 229.29 - Transfer to certain federal facilities.
Section 229.30 - Orders of courts in other states.
Section 229.31 - Commission of inquiry.
Section 229.32 - Duty of commission.
Section 229.34 - Finding and order filed.
Section 229.35 - Compensation — payment.
Section 229.36 - Limitation on proceedings.
Section 229.37 - Habeas corpus.
Section 229.38 - Cruelty or official misconduct.
Section 229.39 - Status of persons hospitalized under former law.
Section 229.40 - Rules for proceedings.
Section 229.41 - Voluntary admission.
Section 229.42 - Costs paid by county.
Section 229.43 - Nonresident patients.
Section 229.45 - Provision of summary of procedures to applicant in involuntary commitment.