00 HOUSE BILL NO. 175 01 "An Act relating to the duties of the Alaska Mental Health Board; establishing the 02 Alaska Psychiatric Institute Oversight Board; relating to state psychiatric hospital 03 records; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE INTENT. It is the intent of the legislature that the state accept its 08 responsibility to ensure and uphold the human and civil rights of persons in need of 09 psychiatric care, to be implemented by the Alaska Psychiatric Institute Oversight Board, and 10 that, in conducting its oversight responsibilities, the board adhere to the principles of 11 transparency, accessibility, and community engagement.  12  * Sec. 2. AS 47.30.666 is amended to read: 13 Sec. 47.30.666. Duties of the board. The board is the state planning and 14 coordinating body for the purpose of federal and state laws relating to mental health 01 services for persons with mental disorders identified in AS 47.30.056(b)(1). On behalf 02 of those persons, the board shall 03 (1) prepare and maintain a comprehensive plan of treatment and 04 rehabilitation services; 05 (2) propose an annual implementation plan consistent with the 06 comprehensive plan and with due regard for the findings from evaluation of existing 07 programs; 08 (3) provide a public forum for the discussion of issues related to the 09 mental health services for which the board has planning and coordinating 10 responsibility; 11 (4) advocate the needs of persons with mental disorders before the 12 governor, executive agencies, the legislature, and the public; 13 (5) advise the legislature, the governor, the Alaska Mental Health Trust 14 Authority, and other state agencies in matters affecting persons with mental disorders, 15 including, but not limited to, 16 (A) development of necessary services for diagnosis, treatment, 17 and rehabilitation; 18 (B) evaluation of the effectiveness of programs in the state for 19 diagnosis, treatment, and rehabilitation; 20 (C) legal processes that affect screening, diagnosis, treatment, 21 and rehabilitation; 22 (6) provide to the Alaska Mental Health Trust Authority for its review 23 and consideration recommendations concerning the integrated comprehensive mental 24 health program for those persons who are described in AS 47.30.056(b)(1) and the use 25 of money in the mental health trust settlement income account in a manner consistent 26 with regulations adopted under AS 47.30.031; [AND] 27 (7) submit periodic reports regarding its planning, evaluation, 28 advocacy, and other activities; and  29 (8) nominate individuals who reflect the economic and geographic  30 diversity of the state to serve as voting members of the Alaska Psychiatric  31 Institute Oversight Board established under AS 47.30.920. 01  * Sec. 3. AS 47.30 is amended by adding new sections to read: 02 Article 11A. Alaska Psychiatric Institute Oversight Board.  03 Sec. 47.30.920. Alaska Psychiatric Institute Oversight Board established.  04 The Alaska Psychiatric Institute Oversight Board is established in the department for 05 the purpose of providing management and oversight of the state psychiatric hospital. 06 Sec. 47.30.925. Board members. (a) The board consists of seven voting 07 members and five nonvoting members. 08 (b) The seven voting members are appointed by the governor and confirmed 09 by a majority of the members of the legislature in joint session. A voting member may 10 not be an officer or employee of the state or have a financial interest, individually or as 11 a fiduciary, in the state psychiatric hospital. The governor shall fill a vacancy in the 12 voting membership of the board after the governor has considered a list of nominees 13 submitted by the Alaska Mental Health Board established under AS 47.30.661. The 14 governor shall make the appointment within 45 days after the list of nominees is 15 submitted. The voting members consist of 16 (1) two members who 17 (A) advocate for or provide representation to individuals with 18 mental illness; or 19 (B) practice disability law in the state; 20 (2) two members who are health care professionals or licensed mental 21 health professionals with experience working with individuals with mental illness; 22 (3) one member who is a consumer of mental health services or a 23 former patient of the state psychiatric hospital; 24 (4) one member who represents the tribal health community in the 25 state and has expertise in mental or behavioral health; and 26 (5) one member who is a family member of a consumer of mental 27 health services. 28 (c) The five nonvoting members consist of 29 (1) one member of the senate appointed by the president of the senate; 30 (2) one member of the house of representatives appointed by the 31 speaker of the house of representatives; 01 (3) the commissioner or the commissioner's designee; and 02 (4) two members appointed by the voting members of the board as 03 follows 04 (A) one member of the Alaska Mental Health Board 05 established under AS 47.30.661; and 06 (B) one member who is a medical professional and an exempt 07 or partially exempt employee of the state psychiatric hospital. 08 (d) The voting members shall elect a chair and vice-chair from among the 09 voting members of the board every two years. 10 (e) The department shall provide technical and administrative support to the 11 board, including meeting space, supplies, equipment, and secretarial services. 12 Sec. 47.30.926. Term of office. Board members appointed by the governor 13 under AS 47.30.925(b) and by the voting members of the board under 14 AS 47.30.925(c)(4) serve staggered four-year terms and may be reappointed. A board 15 member appointed to fill a vacancy holds office for the balance of the term for which 16 the member's predecessor on the board was appointed. 17 Sec. 47.30.927. Removal. The governor may remove board members 18 appointed under AS 47.30.925(b) only for cause. The board may suggest to the 19 governor the removal of a board member. 20 Sec. 47.30.928. Quorum. (a) A majority of the voting members of the board 21 constitutes a quorum for the transaction of business and the exercise of the powers and 22 duties of the board. Action may be taken and a motion or resolution may be adopted 23 upon an affirmative vote of a majority of the voting members. 24 (b) The board may meet and transact business by electronic media. An action 25 taken at a meeting held by electronic media under this subsection has the same legal 26 effect as an action taken at a meeting held in person. 27 Sec. 47.30.929. Compensation of board members. Board members serve 28 without compensation, but are entitled to per diem and travel allowances authorized 29 for boards and commissions under AS 39.20.180. 30 Sec. 47.30.930. Meetings. The board shall meet at least once every three 31 months. The commissioner shall attend at least two board meetings each year. A 01 meeting of the board shall occur at the call of the chair or upon the written request of a 02 majority of the voting members of the board. The board shall provide public notice of 03 a meeting of the board at least 10 calendar days before the meeting. The board shall 04 post the public notice on the Alaska Online Public Notice System and on the Internet 05 website of the state psychiatric hospital. If the board determines that it is 06 technologically and economically feasible, the board shall provide a live audio and 07 video broadcast of each board meeting held under this subsection. 08 Sec. 47.30.935. Powers of the board. The board may 09 (1) cooperate with a public or private board, organization, or agency 10 engaged in work or activities similar to the work or activities of the board; 11 (2) incur expenses incidental to the performance of its duties; 12 (3) appear before a board, commission, department, or other agency of 13 municipal, state, or federal government; 14 (4) establish advisory committees to assist and provide 15 recommendations to the board in the performance of the board's functions; an advisory 16 committee consists of two voting members of the board appointed by the chair of the 17 board and not more than three additional members appointed by a majority of the 18 voting members of the board; an additional member of the advisory committee may 19 not be a voting member of the board but may be a nonvoting member of the board or a 20 member of the public at large with expertise relevant to the purpose of the advisory 21 committee; an additional member serves without compensation but is entitled to per 22 diem and travel allowances authorized for boards and commissions under 23 AS 39.20.180; 24 (5) adopt regulations to implement and carry out the purposes of 25 AS 47.30.920 - 47.30.949; 26 (6) perform other tasks as requested by the department. 27 Sec. 47.30.940. Duties of the board. The board shall 28 (1) make recommendations to the chief executive officer of the state 29 psychiatric hospital, the division, and the commissioner relating to 30 (A) goals for the state psychiatric hospital; 31 (B) facilities, maintenance, staffing, programs, services, and 01 policies of the state psychiatric hospital; 02 (C) coordination of services, programs, and policies between 03 the state psychiatric hospital and community mental health care programs and 04 facilities, including recommendations relating to admission, discharge, and 05 aftercare; 06 (D) contracts for the use of facilities of the state psychiatric 07 hospital for other programs, services, and agencies; 08 (2) monitor compliance with standards for patients' rights and 09 grievance processes; 10 (3) assist in evaluating the achievement of the board's goals; 11 (4) review budget requests relating to the state psychiatric hospital; 12 (5) make recommendations to the chief executive officer of the state 13 psychiatric hospital, the division, the commissioner, and the legislature relating to 14 (A) the annual budget for the state psychiatric hospital; 15 (B) federal and state laws concerning, and administrative rules, 16 policies, procedures, and protocols related to, the safety, security, and care of 17 patients of the state psychiatric hospital; 18 (C) performance measures related to the safety, security, and 19 care of patients; 20 (D) goals for improving the safety, security, and care of 21 patients of the state psychiatric hospital and improvements that are in progress; 22 (E) legislation related to the state psychiatric hospital and 23 behavioral health services in the state; 24 (F) contracting and procurement related to the management and 25 administration of the state psychiatric hospital; 26 (6) assist in educating the community about the role of the state 27 psychiatric hospital in meeting the needs of individuals with mental illness; 28 (7) assist in identifying and obtaining alternative funding sources for 29 programs of the state psychiatric hospital; 30 (8) establish a process for and assist in the hiring and dismissal of the 31 chief executive officer of the state psychiatric hospital; the process must 01 (A) require the commissioner to select the chief executive 02 officer from a list of nominees submitted by the board; and 03 (B) provide that the board may recommend to the 04 commissioner the dismissal of the chief executive officer; 05 (9) establish policies for patient care that are consistent with the 06 principles of trauma-informed care; 07 (10) initiate, oversee, and approve, in coordination with the chief 08 procurement officer, contracts and procurements relating to the state psychiatric 09 hospital that exceed $100,000; 10 (11) on or before September 1 of each year, prepare and deliver an 11 electronic report reviewing the activities of the previous fiscal year to the chief 12 executive officer of the state psychiatric hospital, the division, the commissioner, the 13 senate secretary, and the chief clerk of the house of representatives and notify the 14 legislature the report is available; the report must include 15 (A) an evaluation of the extent to which the state psychiatric 16 hospital is meeting the needs of its patients; 17 (B) an evaluation of the extent to which the state psychiatric 18 hospital is effectively participating in the behavioral health continuum of care, 19 including the use of methods consistent with trauma-informed care and 20 evidence-based practices; 21 (C) recommendations for legislation relating to the state 22 psychiatric hospital; 23 (D) budget recommendations for the state psychiatric hospital; 24 (E) workforce development needs for behavioral health 25 services; and 26 (F) a summary of the activities conducted by the board; 27 (12) at least once every three years, perform an overview of federal 28 and state laws relating to, and administrative rules, policies, procedures, and protocols 29 of, the state psychiatric hospital; 30 (13) adopt, amend, or repeal policies related to internal matters of the 31 board. 01 Sec. 47.30.945. Board access to state psychiatric hospital records;  02 confidentiality. (a) Upon receiving a request from the board, the chief executive 03 officer of the state psychiatric hospital shall provide to the board documents, records, 04 and other information in the possession of the state psychiatric hospital reasonably 05 related to the exercise of the powers and functions of the board or performance of the 06 duties of the board. 07 (b) A document, record, or other information the chief executive officer of the 08 state psychiatric hospital provides to the board under this section that is confidential 09 before the document, record, or other information is provided to the board remains 10 confidential and is not a public record under AS 40.25.110 - 40.25.140 or subject to 11 inspection or copying under AS 40.25.110 - 40.25.125. A board member to whom a 12 confidential record is presented shall maintain the confidentiality of the record. 13 Sec. 47.30.949. Definitions. In AS 47.30.920 - 47.30.949, 14 (1) "board" means the Alaska Psychiatric Institute Oversight Board 15 established under 47.30.920; 16 (2) "commissioner" means the commissioner of health and social 17 services; 18 (3) "department" means the Department of Health and Social Services; 19 (4) "division" means the division in the Department of Health and 20 Social Services that is responsible for behavioral health; 21 (5) "state psychiatric hospital" means the Alaska Psychiatric Institute 22 located in Anchorage, Alaska; 23 (6) "trauma-informed care" means a program, organization, or system 24 that realizes the widespread effects of trauma, understands potential paths for 25 recovery, recognizes the signs and symptoms of trauma in clients, families, staff, and 26 others involved with a program, organization, or system, responds by fully integrating 27 knowledge about trauma into policies, procedures, and practices, and seeks to actively 28 resist retraumatization. 29  * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 TRANSITIONAL PROVISIONS: ALASKA PSYCHIATRIC INSTITUTE 01 OVERSIGHT BOARD; STAGGERED TERMS. (a) Notwithstanding AS 39.05.055, 02 AS 47.30.925(b), and 47.30.926, the governor shall, not later than 45 days after receiving a 03 list of nominees from the Alaska Mental Health Board established under AS 47.30.661, 04 appoint the initial voting members of the Alaska Psychiatric Institute Oversight Board to 05 staggered terms as follows: 06 (1) two members shall be appointed to serve four years; 07 (2) two members shall be appointed to serve three years; 08 (3) two members shall be appointed to serve two years; 09 (4) one member shall be appointed to serve one year. 10 (b) Notwithstanding AS 39.05.055, AS 47.30.925(c)(4), and 47.30.926, the voting 11 members of the Alaska Psychiatric Institute Oversight Board shall appoint the initial 12 nonvoting members of the board under AS 47.30.925(c)(4) to staggered terms as follows: 13 (1) one member shall be appointed to serve four years; 14 (2) one member shall be appointed to serve three years. 15  * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).