SCS CSHB 115(HES): "An Act relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 115(HES) 01 "An Act relating to the services of certain medical professionals in civil proceedings for 02 the commitment of certain intoxicated persons; allowing a physician assistant or 03 advanced nurse practitioner to certify the need for emergency treatment as a result of 04 intoxication; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 47.37.180(b) is amended to read: 07 (b) The certifying physician, physician assistant, advanced nurse 08 practitioner, spouse, guardian, or relative of the person to be committed, or any other 09 responsible person, may make a written application for commitment under this 10 section, directed to the administrator of the approved public treatment facility. The 11 application must state facts to support the need for emergency treatment and be 12 accompanied by a physician's, physician assistant's, or advanced nurse 13 practitioner's certificate supporting the need for emergency treatment and stating that 14 the physician, physician assistant, or advanced nurse practitioner has examined the
01 person sought to be committed within two days before the certificate's date. 02 * Sec. 2. AS 47.37.180(f) is amended to read: 03 (f) A copy of the written application for commitment and of the physician's, 04 physician assistant's, or advanced nurse practitioner's certificate, and a written 05 explanation of the person's right to legal counsel, shall be given to the person within 06 24 hours after commitment by the administrator, who shall provide a reasonable 07 opportunity for the person to consult with legal counsel. 08 * Sec. 3. AS 47.37.190(a) is amended to read: 09 (a) A spouse or guardian, a relative, the certifying physician, physician 10 assistant, advanced nurse practitioner, or the administrator in charge of an approved 11 public treatment facility may petition the court for a 30-day involuntary commitment 12 order. The petition must allege that the person is an alcoholic or drug abuser who (1) 13 has threatened, attempted to inflict, or inflicted physical harm on another and that 14 unless committed is likely to inflict physical harm on another; or (2) is incapacitated 15 by alcohol or drugs. A refusal to undergo treatment does not constitute evidence of 16 lack of judgment as to the need for treatment. The petition must be accompanied by a 17 certificate of a licensed physician, physician assistant, or advanced nurse 18 practitioner who has examined the person within two days before submission of the 19 petition, unless the person whose commitment is sought has refused to submit to a 20 medical examination, in which case the fact of refusal must be alleged in the petition. 21 The certificate must set out the physician's, physician assistant's, or advanced nurse 22 practitioner's findings of the examination in support of the allegations of the 23 petition. 24 * Sec. 4. AS 47.37.200(a) is amended to read: 25 (a) At the hearing for a 30-day commitment required under AS 47.37.190(b), 26 the court shall hear all relevant testimony, including, if possible, the testimony of at 27 least one person [LICENSED PHYSICIAN] who has examined the person whose 28 commitment is sought under AS 47.37.180(b) or 47.37.190(a). The person whose 29 commitment is sought shall be present unless the court believes that being present is 30 likely to be injurious to the person, in which case the court may conduct the hearing 31 telephonically. The court may examine the person in open court, or, if advisable,
01 examine the person out of court. If the person has refused to be examined under 02 AS 47.37.180(b) or 47.37.190(a) [BY A LICENSED PHYSICIAN], the person shall 03 be given an opportunity to request examination by a court-appointed licensed 04 physician, physician assistant, or advanced nurse practitioner. If the person fails 05 to request a medical examination and there is sufficient evidence to believe that the 06 allegations of the petition are true, or, if the court believes that more medical evidence 07 is necessary, the court may issue a temporary order committing the person to a private 08 or public facility for a period of not more than five days for purposes of a diagnostic 09 examination. 10 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).