CSSB 100(FIN): "An Act relating to substance abuse and mental health disorder prevention and treatment programs; and relating to long-term secure treatment programs for persons with substance abuse or co-occurring substance abuse and mental health disorders."
00 CS FOR SENATE BILL NO. 100(FIN) 01 "An Act relating to substance abuse and mental health disorder prevention and 02 treatment programs; and relating to long-term secure treatment programs for persons 03 with substance abuse or co-occurring substance abuse and mental health disorders." 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 FINDINGS AND INTENT. (a) The legislature finds that a substantial number of 08 persons have co-occurring substance abuse and mental health disorders and that identification 09 and integrated treatment of co-occurring disorders is critical to successful outcomes and 10 recovery. 11 (b) It is the intent of the legislature to 12 (1) support the Department of Health and Social Services in its efforts to 13 implement programs that accurately identify and provide appropriate treatment for persons 14 with substance abuse or co-occurring substance abuse and mental health disorders;
01 (2) increase treatment availability to persons with substance abuse or co- 02 occurring substance abuse and mental health disorders; 03 (3) improve treatment outcomes by expanding evidence-based, research- 04 based, and consensus-based treatment practices and removing barriers that prevent 05 implementation of those practices. 06 * Sec. 2. AS 47.37.030 is amended to read: 07 Sec. 47.37.030. Powers of department. The department may 08 (1) plan, establish, and maintain programs for the prevention and 09 treatment of alcoholism, drug abuse, and misuse of hazardous volatile materials and 10 substances by inhalant abusers; 11 (2) make contracts and award grants necessary or incidental to the 12 performance of its duties and the execution of its powers, including contracts with the 13 grants to public and private agencies, organizations, and individuals, to pay them for 14 services rendered or furnished to alcoholics, intoxicated persons, drug abusers, or 15 inhalant abusers; to the maximum extent possible, contracts and grants must be for a 16 period of two years; contracts under this paragraph are governed by AS 36.30 (State 17 Procurement Code); 18 (3) solicit and accept for use a gift of money or property or a grant of 19 money, services, or property from the federal government, the state, or a political 20 subdivision of it or a private source, and do all things necessary to cooperate with the 21 federal government or any of its agencies in making an application for a grant; 22 (4) administer or supervise the administration of the provisions relating 23 to alcoholics, intoxicated persons, drug abusers, and inhalant abusers of state plans 24 submitted for federal funding under federal health, welfare, or treatment legislation; 25 (5) coordinate its activities and cooperate with alcoholism, drug abuse, 26 and inhalant abuse programs in this and other states, and make contracts and other 27 joint or cooperative arrangements with state, local, or private agencies for the 28 treatment of alcoholics, intoxicated persons, drugs abusers, and inhalant abusers, and 29 for the common advancement of alcoholism, drug abuse, and inhalant abuse programs 30 in this and other states; 31 (6) keep records and engage in research and the gathering of relevant
01 statistics; 02 (7) do other acts necessary to implement the authority expressly 03 granted to it; 04 (8) acquire, hold, or dispose of real property or any interest in it, and 05 construct, lease, or otherwise provide treatment facilities for alcoholics, intoxicated 06 persons, drug abusers, and inhalant abusers; however, the department shall encourage 07 local initiative, involvement, and financial participation under grants-in-aid whenever 08 possible in preference to the construction or operation of facilities directly by the 09 department; contracting and construction under this paragraph are governed by 10 AS 36.30 (State Procurement Code); 11 (9) strengthen and enhance the process for identifying people who 12 have co-occurring mental health and substance abuse disorders; 13 (10) establish a secure enhanced detoxification and treatment 14 center for persons involuntarily detained because they are likely to inflict 15 physical harm to self or others; in this paragraph, "enhanced" means the ability 16 to treat co-occurring mental health and substance abuse disorders; 17 (11) develop and implement a substance abuse treatment system 18 using evidence-based best practices or, if evidence-based best practices do not 19 exist, research-based practices, that includes a procedure for adapting the 20 practices to new situations and for collaboration with consumer-based programs; 21 if research-based practices are not known or available, the department may 22 include consensus-based or, if funds are available, promising practices; a practice 23 must promote independence, recovery, employment, education, ongoing 24 community-based treatment, housing, and other aspects of harm reduction. 25 * Sec. 3. AS 47.37.040 is amended to read: 26 Sec. 47.37.040. Duties of department. The department shall 27 (1) develop, encourage, and foster statewide, regional, and local plans 28 and programs for the prevention of alcoholism and drug abuse and treatment of 29 alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with 30 public and private agencies, organizations, and individuals, and provide technical 31 assistance and consultation services for these purposes;
01 (2) coordinate the efforts and enlist the assistance of all public and 02 private agencies, organizations, and individuals interested in prevention of alcoholism, 03 drug abuse, and inhalant abuse, and treatment of alcoholics, intoxicated persons, drug 04 abusers, and inhalant abusers; 05 (3) cooperate with the Department of Corrections in establishing and 06 conducting programs to provide treatment for alcoholics, intoxicated persons, drug 07 abusers, and inhalant abusers in or on parole from penal institutions; 08 (4) cooperate with the Department of Education and Early 09 Development, school boards, schools, police departments, courts, and other public and 10 private agencies, organizations, and individuals in establishing programs for the 11 prevention of alcoholism, drug abuse, and inhalant abuse, and treatment of alcoholics, 12 intoxicated persons, drug abusers, and inhalant abusers, and preparing curriculum 13 materials for use at all levels of school education; 14 (5) prepare, publish, evaluate, and disseminate educational material 15 dealing with the nature and effects of alcohol and drugs, and the misuse of hazardous 16 volatile substances; 17 (6) develop and implement, as an integral part of treatment programs, 18 an educational program for use in the treatment of alcoholics, intoxicated persons, 19 drug abusers, and inhalant abusers that includes the dissemination of information 20 concerning the nature and effects of alcohol, drugs, and hazardous volatile substances; 21 (7) organize and foster training programs for all persons engaged in 22 treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers, and 23 establish standards for training paraprofessional alcoholism, drug abuse, and inhalant 24 abuse workers; 25 (8) sponsor and encourage research into the causes and nature of 26 alcoholism, drug abuse, and inhalant abuse, and the treatment of alcoholics, 27 intoxicated persons, drug abusers, and inhalant abusers, and serve as a clearinghouse 28 for information relating to alcoholism, drug abuse, and inhalant abuse; 29 (9) specify uniform methods for keeping statistical information by 30 public and private agencies, organizations, and individuals, and collect and make 31 available relevant statistical information, including number of persons treated,
01 frequency of admission and readmission, and frequency and duration of treatment; 02 (10) conduct program planning activities approved by the Advisory 03 Board on Alcoholism and Drug Abuse; 04 (11) review all state health, welfare, and treatment plans to be 05 submitted for federal funding, and advise the commissioner on provisions to be 06 included relating to alcoholics, intoxicated persons, drug abusers, and inhalant 07 abusers; 08 (12) assist in the development of, and cooperate with, alcohol, drug 09 abuse, and inhalant abuse education and treatment programs for employees of state 10 and local governments and businesses and industries in the state; 11 (13) use the support and assistance of interested persons in the 12 community, particularly recovered alcoholics, drug abusers, and inhalant abusers, to 13 encourage alcoholics, drug abusers, and inhalant abusers to voluntarily undergo 14 treatment; 15 (14) cooperate with the Department of Public Safety and the 16 Department of Transportation and Public Facilities in establishing and conducting 17 programs designed to deal with the problem of persons operating motor vehicles while 18 under the influence of an alcoholic beverage, inhalant, or controlled substance, and 19 develop and approve alcohol information courses required to be taken by drivers under 20 AS 28.15 or made available to drivers to reduce points assessed for violation of traffic 21 laws; 22 (15) encourage hospitals and other appropriate health facilities to 23 admit without discrimination alcoholics, intoxicated persons, drug abusers, and 24 inhalant abusers and to provide them with adequate and appropriate treatment; 25 (16) encourage all health insurance programs to include alcoholism 26 and drug abuse as a covered illness; 27 (17) prepare an annual report covering the activities of the department 28 and notify the legislature that the report is available; 29 (18) develop and implement a training program on alcoholism and 30 drug abuse for employees of state and municipal governments, and private institutions; 31 (19) develop curriculum materials on drug and alcohol abuse and the
01 misuse of hazardous volatile substances for use in grades kindergarten through 12, as 02 well as a course of instruction for teachers to be charged with presenting the 03 curriculum; 04 (20) develop and implement or designate, in cooperation with other 05 state or local agencies, a juvenile alcohol safety action program that provides alcohol 06 and substance abuse screening, referral, and monitoring of persons under 18 years of 07 age who have been referred to it by 08 (A) a court in connection with a charge or conviction of a 09 violation or misdemeanor related to the use of alcohol or a controlled 10 substance; 11 (B) the agency responsible for the administration of motor 12 vehicle laws in connection with a license action related to the use of alcohol or 13 a controlled substance; or 14 (C) department staff after a delinquency adjudication that is 15 related to the use of alcohol or a controlled substance; 16 (21) develop and implement, or designate, in cooperation with other 17 state or local agencies, an alcohol safety action program that provides alcohol and 18 substance abuse screening, referral, and monitoring services to persons who have been 19 referred by a court in connection with a charge or conviction of a misdemeanor 20 involving the use of a motor vehicle, aircraft, or watercraft and alcohol or a controlled 21 substance, referred by a court under AS 28.35.028, or referred by an agency of the 22 state with the responsibility for administering motor vehicle laws in connection with a 23 driver's license action involving the use of alcohol or a controlled substance; 24 (22) whenever possible, apply evidence-based, research-based, and 25 consensus-based substance abuse and co-occurring substance abuse and mental 26 health disorders treatment practices and remove barriers that prevent the use of 27 those practices; 28 (23) collaborate with first responders, hospitals, schools, primary 29 care providers, developmental disability treatment providers, law enforcement, 30 corrections, attorneys, the Alaska Court System, community behavioral 31 treatment providers, Alaska Native organizations, and federally funded
01 programs in implementing programs for co-occurring substance abuse and 02 mental health disorders treatment. 03 * Sec. 4. AS 47.37.045 is amended by adding new subsections to read: 04 (f) In addition to the priority given under (d) of this section, the department 05 shall grant a priority to a proposed program or project under (c)(5) of this section if the 06 proposed program or project provides prompt substance abuse treatment for a pregnant 07 woman by advancing the woman on a waiting list for the program or project and by 08 streamlining paperwork for admission of the woman to the program. 09 (g) In addition to the priorities given under (d) and (f) of this section, the 10 department shall grant a priority to a proposed program or project under (c)(5) of this 11 section if the proposed program or project 12 (1) creates alternatives to incarceration for nonviolent offenders; 13 (2) provides rehabilitation services to prisoners who have substance 14 abuse problems; 15 (3) measures and demonstrates a high rate of harm reduction for 16 participants; 17 (4) is based on scientifically sound principles of prevention and 18 treatment; 19 (5) provides job training or employment opportunities after completion 20 of substance abuse treatment; 21 (6) provides youth treatment; 22 (7) focuses on drug and alcohol abuse prevention; 23 (8) addresses alcohol or substance abuse in targeted populations that 24 have statistically higher incidences of alcohol or substance abuse problems; or 25 (9) addresses co-occurring mental health and substance abuse 26 disorders. 27 (h) The department may not fund a proposed program or project that has been 28 previously funded under this section unless the applicant provides satisfactory 29 evidence of success of the program or project. 30 (i) The department may not deny funding for a program under this section 31 solely on the basis that the program relies on faith-based strategies so long as the
01 strategies are effective for preventing or treating substance abuse. 02 * Sec. 5. AS 47.37.120 is amended by adding a new subsection to read: 03 (b) The comprehensive program carried out under this section must include a 04 strategy for expanding substance abuse treatment services and reducing waiting lists 05 for eligible participants in a substance abuse prevention or treatment program and 06 must include one or more of the factors listed under AS 47.37.045(g). 07 * Sec. 6. AS 47.37.130(b) is amended to read: 08 (b) The program of the department must include 09 (1) emergency treatment provided by a facility affiliated with or part of 10 the medical service of a general hospital; 11 (2) inpatient treatment; 12 (3) intermediate treatment; 13 (4) outpatient and follow-up treatment; [AND] 14 (5) standards for alcohol safety action programs; the standards may 15 vary in their requirements and stringency according to the population, price level, 16 remoteness, access to transportation, and availability of ancillary services of the area 17 to be served; a program must meet the applicable standards before it is approved by 18 the department as an alcohol safety action program; the standards required under this 19 paragraph shall be established in a manner that provides protection of the health, 20 safety, and well-being of clients of the affected programs and protection for the 21 affected programs from exposure to malpractice and liability actions; 22 (6) the priorities created under AS 47.37.045(f) and (g); and 23 (7) standards that are consistent with scientifically sound 24 principles for measuring outcomes. 25 * Sec. 7. AS 47.37.140 is amended by adding a new subsection to read: 26 (g) The standards established for facilities under this section must be based on 27 scientifically sound evidence and be consistent with the priorities created under 28 AS 47.37.045(f) and (g).