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Iowa Code § 226.8

Persons with diagnosis of intellectual disability — admission or transfer to state mental health institute

Redline — January 1, 2012 → current.View current text →
Current — January 1, 2026
As of January 1, 2012
1. Admission or transfer pursuant to section 222.7 to a state mental health institute of a person with a diagnosis of an intellectual disability, as defined in section 4.1, shall only occur under the following conditions:
a. If all of the following requirements are met:
(1) The person has been determined by the state mental health institute to meet admission criteria for inpatient psychiatric care.
(2) The state mental health institute has determined the person will benefit from psychiatric treatment or from some other specific program available at the state mental health institute.
(3) There is sufficient capacity available at the state mental health institute to support the needs of the person.
b. If determined appropriate for the person at the sole discretion of the director or the director’s designee.
No person who is mentally retarded, as defined by section 222.2, shall be admitted, or transferred pursuant to section 222.7, to a state mental health institute unless a professional diagnostic evaluation indicates that such person will benefit from psychiatric treatment or from some other specific program available at the mental health institute to which it is proposed to admit or transfer the person. Charges for the care of any person with mental retardation admitted to a state mental health institute shall be made by the institute in the manner provided by chapter 230, but the liability of any other person to any county for the cost of care of such person with mental retardation shall be as prescribed by section 222.78.
2. Charges for the care of any person with a diagnosis of an intellectual disability admitted to a state mental health institute shall be made by the institute in the manner provided by chapter 230, but the liability of any other person to the state for the cost of care of such person with a diagnosis of an intellectual disability shall be as prescribed by section 222.78.
96 Acts, ch 1129, §113
96 Acts, ch 1129, §113; 2012 Acts, ch 1019, §75; 2022 Acts, ch 1131, §59; 2023 Acts, ch 19, §476; 2024 Acts, ch 1161, §68, 137
2024 amendment to subsection 2 effective July 1, 2025; 2024 Acts, ch 1161, §137
Subsection 2 amended

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.