HB 375: "An Act relating to abuse of inhalants."
00HOUSE BILL NO. 375 01 "An Act relating to abuse of inhalants." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.76 is amended by adding a new section to read: 04 Sec. 11.76.200. Abuse of inhalants. (a) Under circumstances not otherwise 05 proscribed under AS 11.71, a person commits the crime of abuse of inhalants if the 06 person smells or inhales any substance, other than an alcoholic beverage, with the 07 intent of causing intoxication, inebriation, excitement, stupefaction, or dulling of the 08 brain or nervous system. 09 (b) This section does not apply to the administration of a controlled substance, 10 drug, or other substance by a practitioner or otherwise in a medical context. In this 11 subsection, "administer," "drug," and "practitioner" have the meanings given in 12 AS 11.71.900. 13 (c) In this section, "alcoholic beverage" has the meaning given in 14 AS 04.21.080.
01 (d) Abuse of inhalants is a class B misdemeanor. 02 * Sec. 2. AS 47.37.170(b) is amended to read: 03 (b) A person who appears to be incapacitated by alcohol , inhalants, or drugs 04 in a public place shall be taken into protective custody by a peace officer or a member 05 of the emergency service patrol and immediately brought to an approved public 06 treatment facility, an approved private treatment facility, or another appropriate health 07 facility or service for emergency medical treatment. If a [NO] treatment facility or 08 emergency medical service is not available, a person who appears to be incapacitated 09 by alcohol , inhalants, or drugs in a public place shall be taken to a state or municipal 10 detention facility in the area if that appears necessary for the protection of the person's 11 health or safety. 12 * Sec. 3. AS 47.37.170(d) is amended to read: 13 (d) A person who, after medical examination at an approved private treatment 14 facility, or another appropriate health facility or service for emergency medical 15 treatment, is found to be incapacitated by alcohol , inhalants, or drugs at the time of 16 admission or to have become incapacitated by alcohol , inhalants, or drugs at any time 17 after admission, may not be detained at a facility after the person is no longer 18 incapacitated by alcohol , inhalants, or drugs. A person may not be detained at a 19 facility if the person remains incapacitated by alcohol for more than 48 hours after 20 admission as a patient. A person may consent to remain in the facility as long as the 21 physician in charge considers it appropriate. 22 * Sec. 4. AS 47.37.170(f) is amended to read: 23 (f) If a patient is admitted to an approved public treatment facility, family or 24 next of kin shall be promptly notified. If an adult patient who is not incapacitated by 25 alcohol , inhalants, or drugs requests that there be no notification of next of kin, the 26 request shall be granted. 27 * Sec. 5. AS 47.37.170(g) is amended to read: 28 (g) A person may not bring an action for damages based on the decision under 29 this section to take or not to take an intoxicated person or a person incapacitated by 30 alcohol , inhalants, or drugs into protective custody, unless the action is for damages 31 caused by gross negligence or intentional misconduct.
01 * Sec. 6. AS 47.37.170(i) is amended to read: 02 (i) A person taken to a detention facility under (a) or (b) of this section may 03 be detained only (1) until a treatment facility or emergency medical service is made 04 available, (2) until the person is no longer intoxicated or incapacitated by alcohol , 05 inhalants, or drugs, or (3) for a maximum period of 12 hours, whichever occurs first. 06 A detaining officer or a detention facility official may release a person who is detained 07 under (a) or (b) of this section at any time to the custody of a responsible adult. A 08 peace officer or a member of the emergency service patrol, in detaining a person under 09 (a) or (b) of this section and in taking the person to a treatment facility, an emergency 10 medical service, or a detention facility, is taking the person into protective custody , 11 and the officer or patrol member shall make reasonable efforts to provide for and 12 protect the health and safety of the detainee. In taking a person into protective custody 13 under (a) and (b) of this section, a detaining officer, a member of the emergency 14 service patrol, or a detention facility official may take reasonable steps for self- 15 protection, including a full protective search of the person of a detainee. Protective custody 16 under (a) and (b) of this section does not constitute an arrest and an [NO] entry or other 17 record may not be made to indicate that the person detained has been arrested or charged with 18 a crime, except that a confidential record may be made that is necessary for the administrative 19 purposes of the facility to which the person has been taken or that is necessary for statistical 20 purposes where the person's name may not be disclosed. 21 * Sec. 7. AS 47.37.180(a) is amended to read: 22 (a) An intoxicated person who (1) has threatened, attempted to inflict, or 23 inflicted physical harm on another or is likely to inflict physical harm on another 24 unless committed, or (2) is incapacitated by alcohol , inhalants, or drugs, may be 25 committed to an approved public treatment facility for emergency treatment. A refusal 26 to undergo treatment does not constitute evidence of lack of judgment as to the need 27 for treatment. 28 * Sec. 8. AS 47.37.190(a) is amended to read: 29 (a) A spouse or guardian, a relative, the certifying physician, or the 30 administrator in charge of an approved public treatment facility may petition the court 31 for a 30-day involuntary commitment order. The petition must allege that the person
01 is an alcoholic or inhalant or drug abuser who (1) has threatened, attempted to inflict, 02 or inflicted physical harm on another and that , unless committed , is likely to inflict 03 physical harm on another; or (2) is incapacitated by alcohol , inhalants, or drugs. A 04 refusal to undergo treatment does not constitute evidence of lack of judgment as to the 05 need for treatment. The petition must be accompanied by a certificate of a licensed 06 physician who has examined the person within two days before submission of the 07 petition, unless the person whose commitment is sought has refused to submit to a 08 medical examination, in which case the fact of refusal must be alleged in the petition. 09 The certificate must set out the physician's findings in support of the allegations of the 10 petition. 11 * Sec. 9. AS 47.37.205(a) is amended to read: 12 (a) At any time during a person's 30-day commitment, the director of an 13 approved public facility or approved private facility may file with the court a petition 14 for a 180-day commitment of that person. The petition must include all material 15 required under AS 47.37.190(a) except that references to "30 days" shall be read as 16 "180 days" and must allege that the person continues to be an alcoholic or inhalant 17 or drug abuser who is incapacitated by alcohol , inhalants, or drugs, or who continues 18 to be at risk of serious physical harm or illness. 19 * Sec. 10. AS 47.37.235(c) is amended to read: 20 (c) A person who knowingly initiates an involuntary commitment petition 21 under AS 47.37.180 - 47.37.205 without having good cause to believe that the other 22 person is an alcoholic or inhalant or drug abuser and is incapacitated or at risk of 23 serious physical harm or illness if not treated is guilty of a class C felony. 24 * Sec. 11. AS 47.37.270(1) is amended to read: 25 (1) "alcoholic or inhalant or drug abuser" means a person who 26 demonstrates increased tolerance to alcohol , inhalants, or drugs, who suffers from 27 withdrawal when alcohol , inhalants, or drugs are not available, whose habitual lack 28 of self-control concerning the use of alcohol , inhalants, or drugs causes significant 29 hazard to the person's health, and who continues to use alcohol , inhalants, or drugs 30 despite the adverse consequences; 31 * Sec. 12. AS 47.37.270(10) is amended to read:
01 (10) "hazardous volatile material or substance" or "inhalant" 02 (A) means a material or substance that is readily vaporizable at 03 room temperature and whose vapors or gases, when inhaled, 04 (i) pose an immediate threat to the life or health of the 05 person; or 06 (ii) are likely to have adverse delayed effects on the 07 health of the person; 08 (B) includes, but is not limited to, 09 (i) gasoline; 10 (ii) materials and substances containing petroleum 11 distillates; and 12 (iii) common household materials and substances whose 13 containers bear a notice warning that inhalation of vapors or gases may 14 cause physical harm; 15 * Sec. 13. AS 47.37.270(11) is amended to read: 16 (11) "incapacitated by alcohol , inhalants, or drugs" means a person 17 who, as a result of alcohol , inhalants, or drugs, is unconscious or whose judgment is 18 otherwise so impaired that the person (A) is incapable of realizing and making rational 19 decisions with respect to the need for treatment , and (B) is unable to take care of the 20 person's basic safety or personal needs, including food, clothing, shelter, or medical 21 care; 22 * Sec. 14. AS 47.37.270(14) is amended to read: 23 (14) "intoxicated person" means a person whose mental or physical 24 functioning is substantially impaired as a result of the use of alcohol , inhalants, or 25 drugs;