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HB 175: "An Act relating to the duties of the Alaska Mental Health Board; establishing the Alaska Psychiatric Institute Oversight Board; relating to state psychiatric hospital records; and providing for an effective date."

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).