The League of Iowa Human & Civil Rights Agencies

Prevent crimes by the mentally ill with a federal Ed Thomas Act, Bruce Braley says

Federal lawmakers should pass a version of Iowa’s “Ed Thomas Act,” which gives law enforcement officials new ways to ensure they’ll be informed when mental health facilities release patients who face criminal charges. Today, shortly after the one-year anniversary of Thomas’s murder, U.S. Rep. Bruce Braley (D-Iowa) introduced legislation he believes would help ensure the safety of families and communities across the United States.

Thomas, the popular and nationally-known football coach at Aplington-Parkersburg High School, was murdered in June 2009 in the high school’s weight-lifting room by a former student who suffers from schizophrenia. Four days before the murder, law enforcement officials delivered Thomas’s killer, Mark Becker, to a mental health facility after he allegedly vandalized a house then led officers on a high-speed chase. The law enforcement officials knew he had a history of psychiatric troubles, and intended to arrest him after he received emergency mental health treatment. But hospital officials didn’t inform law enforcement officials when they released Becker. The next morning, he shot and killed Thomas.

An image of Parkersburg football coach Ed Thomas plays on a screen at the bill signing for Iowa legislation. A federal version was introduced today. Thomas’s wife, Jan Thomas, has said she believes the Iowa law will prevent future mix-ups in communication between police and mental health facilities. Braley said in the statement: “Those who knew Ed Thomas knew his compassion, his leadership and his dedication to the entire Parkersburg community. I am proud and humbled to introduce this legislation to the Unites States Congress. It is my hope that we can continue to honor the memory and legacy of Ed Thomas by passing the Ed Thomas Act, helping to ensure the future safety of schools and communities not just here in Iowa, but across America.”

The federal bill seeks to clarify “existing HIPAA privacy requirements to allow law enforcement agencies and medical providers to communicate more effectively when patients pose an inherent risk to the community,” Braley statement says. Iowa’s legislation helps law enforcement officers to prevent tragedies like Thomas’s death but still protects the rights of America’s medical patients, Braley said.

Braley’s proposesd federal legislation would allow hospitals to notify law enforcement under these specific conditions:

- an individual is admitted to a medical facility while accompanied by a law enforcement official

- and law enforcement makes a request for patient information in writing

- and that request is made at any point between the time the patient is admitted, and 24 hours after discharge.

- Then the medical facility could provide medical information, including date of discharge, to the law enforcement agency.

Blog post by Jennifer Jacobs • jejacobs@dmreg.com • July 14, 2010