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SB 120: "An Act relating to administration of psychotropic medication to a patient without the patient's informed consent; and providing for an effective date."

00                             SENATE BILL NO. 120                                                                         
01 "An Act relating to administration of psychotropic medication to a patient without the                                  
02 patient's informed consent; and providing for an effective date."                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 47.30.838(a) is amended to read:                                                                   
05 (a)  Except as provided in (c) and (d) of this section, an evaluation facility or                                       
06 designated treatment facility may administer psychotropic medication to a patient                                       
07 without the patient's informed consent, regardless of whether the patient is capable of                                 
08       giving informed consent, only if                                                                                  
09                 (1)  there is a crisis situation, or an impending crisis situation, that                                
10 requires immediate use of the medication to preserve the life of, or prevent significant                                
11 physical harm to, the patient or another person, as determined by a [LICENSED]                                          
12 physician or a registered or advanced practice registered nurse; the behavior or                                        
13 condition of the patient giving rise to a crisis under this paragraph and the staff's                                   
14 response to the behavior or condition must be documented in the patient's medical                                       
01       record; the documentation must include an explanation of alternative responses to the                             
02       crisis that were considered or attempted by the staff and why those responses were not                            
03       sufficient; and                                                                                                   
04                 (2)  the medication is ordered by a [LICENSED] physician, physician                                 
05       assistant, or advanced practice registered nurse; the order                                                   
06                      (A)  may be written or oral and may be received by telephone,                                      
07            facsimile machine, or in person;                                                                             
08                      (B)  may include an initial dosage and may authorize additional,                                   
09            as needed, doses; if additional, as needed, doses are authorized, the order must                             
10 specify the medication, the quantity of each authorized dose, the method of                                             
11 administering the medication, the maximum frequency of administration, the                                              
12 specific conditions under which the medication may be given, and the                                                    
13 maximum amount of medication that may be administered to the patient in a                                               
14            24-hour period;                                                                                              
15 (C)  is valid for only 24 hours and may be renewed by a                                                                 
16 physician, physician assistant, or advanced practice registered nurse for a                                         
17 total of 72 hours, including the initial 24 hours, only after a personal                                                
18 assessment of the patient's status and a determination that there is still a crisis                                     
19 situation as described in (1) of this subsection; upon renewal of an order under                                        
20 this subparagraph, the facts supporting the renewal shall be written into the                                           
21            patient's medical record.                                                                                    
22    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
23 read:                                                                                                                   
24 TRANSITION: REGULATIONS. The Department of Health and Social Services may                                               
25 adopt regulations necessary to implement the changes made by this Act. The regulations take                             
26 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the                          
27 law implemented by the regulations.                                                                                     
28    * Sec. 3. Section 2 of this Act takes effect immediately under AS 01.10.070(c).