CSSB 120(HSS) am H: "An Act establishing an alternative to arrest procedure for persons suffering from an acute behavioral health crisis; relating to emergency detention for mental health evaluation; relating to administration of psychotropic medication to a patient without the patient's informed consent; relating to licensure of crisis stabilization centers; and providing for an effective date."
00 CS FOR SENATE BILL NO. 120(HSS) am H 01 "An Act establishing an alternative to arrest procedure for persons suffering from an 02 acute behavioral health crisis; relating to emergency detention for mental health 03 evaluation; relating to administration of psychotropic medication to a patient without 04 the patient's informed consent; relating to licensure of crisis stabilization centers; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 12.25 is amended by adding a new section to read: 08 Sec. 12.25.031. Alternative to arrest. (a) As an alternative to arrest, a peace 09 officer may, at the officer's discretion, deliver a person to a crisis stabilization center 10 or an evaluation facility or decline to arrest the person if 11 (1) the arresting officer believes in good faith that the person is 12 suffering from an acute behavioral health crisis; and 13 (2) the person voluntarily agrees to be taken to a crisis stabilization
01 center or an evaluation facility or to promptly seek outpatient mental health treatment. 02 (b) Notwithstanding (a) of this section, a peace officer may, as an alternative 03 to arrest, take a person into emergency custody under AS 47.30.705 and deliver the 04 person to a crisis stabilization center or an evaluation facility. 05 (c) Delivery of a person to a crisis stabilization center or an evaluation facility 06 for examination under (a) of this section does not constitute an involuntary 07 commitment under AS 47.30 or an arrest. 08 (d) Before a person delivered to a crisis stabilization center or an evaluation 09 facility under (a) or (b) of this section is released to the community, a mental health 10 professional shall make reasonable efforts to inform the arresting officer of the 11 planned release if the officer has specifically requested notification and provided the 12 officer's contact information to the crisis stabilization center or evaluation facility. 13 (e) A peace officer is not liable for civil damages arising from an act or 14 omission done with reasonable care and in good faith under this section. 15 (f) An agreement to participate in outpatient treatment or to be delivered to a 16 crisis stabilization center or an evaluation facility under (a) of this section 17 (1) may not require a person to stipulate to any facts regarding the 18 alleged criminal activity as a prerequisite to participation in a mental health treatment 19 alternative; 20 (2) is inadmissible in any criminal or civil proceeding; and 21 (3) does not create immunity from prosecution for the alleged criminal 22 activity. 23 (g) If a person violates an agreement to be delivered to a crisis stabilization 24 center or an evaluation facility or to seek outpatient treatment under (a) of this section, 25 (1) a mental health professional shall make reasonable efforts to 26 inform the arresting officer of the person's decision to leave the crisis stabilization 27 center or evaluation facility; and 28 (2) the original charges may be filed or referred to the prosecutor, as 29 appropriate, and the matter may proceed as provided by law. 30 (h) Notwithstanding the other provisions of this section, charges may be filed 31 or referred to the prosecutor, as appropriate, at any time in accordance with law.
01 (i) In this section, 02 (1) "crisis stabilization center" means a facility licensed under 03 AS 47.32 that meets the definition of "crisis stabilization center" in AS 47.32.900; 04 (2) "evaluation facility" means an evaluation facility as defined in 05 AS 47.30.915; 06 (3) "mental health professional" has the meaning given in 07 AS 47.30.915. 08 * Sec. 2. AS 18.65.530(c) is amended to read: 09 (c) A peace officer is not required to make an arrest of a person under (a) of 10 this section if the officer has received authorization [NOT TO ARREST] from a 11 prosecuting attorney in the jurisdiction in which the offense under investigation arose 12 (1) not to arrest the person; or 13 (2) to deliver the person to a crisis stabilization center or an 14 evaluation facility as provided in AS 12.25.031(b). 15 * Sec. 3. AS 18.65.530 is amended by adding a new subsection to read: 16 (g) A peace officer who delivers a person to a crisis stabilization center or 17 evaluation facility under (c) of this section shall provide the peace officer's contact 18 information to the crisis stabilization center or evaluation facility and, if the peace 19 officer is notified under AS 12.25.031(d) of a planned release of the person, shall 20 make reasonable efforts to inform the victim under (a)(1) and (2) of this section of the 21 planned release. 22 * Sec. 4. AS 47.30.705(a) is amended to read: 23 (a) A peace officer, a psychiatrist or physician who is licensed to practice in 24 this state or employed by the federal government, or a clinical psychologist licensed 25 by the state Board of Psychologist and Psychological Associate Examiners who has 26 probable cause to believe that a person is gravely disabled or is suffering from mental 27 illness and is likely to cause serious harm to self or others of such immediate nature 28 that considerations of safety do not allow initiation of involuntary commitment 29 procedures set out in AS 47.30.700, may cause the person to be taken into custody and 30 delivered to the nearest crisis stabilization center as defined in AS 47.32.900 or the 31 nearest evaluation facility. A person taken into custody for emergency evaluation may
01 not be placed in a jail or other correctional facility except for protective custody 02 purposes and only while awaiting transportation to a crisis stabilization center or 03 treatment facility. However, emergency protective custody under this section may not 04 include placement of a minor in a jail or secure facility. The peace officer or mental 05 health professional shall complete an application for examination of the person in 06 custody and be interviewed by a mental health professional at the crisis stabilization 07 center, evaluation facility, or treatment facility. 08 * Sec. 5. AS 47.30.710(a) is amended to read: 09 (a) A respondent who is delivered under AS 47.30.700 - 47.30.705 to an evaluation facility, 10 except for delivery to a crisis stabilization center as defined in AS 47.32.900, for 11 emergency examination and treatment shall be examined and evaluated as to mental and 12 physical condition by a mental health professional and by a physician within 24 hours after 13 arrival at the facility. A respondent who is delivered under AS 47.30.705 to a crisis 14 stabilization center shall be examined by a mental health professional as defined in 15 AS 47.30.915 within three hours after arriving at the center. 16 * Sec. 6. AS 47.30.838(a) is amended to read: 17 (a) Except as provided in (c) and (d) of this section, an evaluation facility or 18 designated treatment facility may administer psychotropic medication to a patient 19 without the patient's informed consent, regardless of whether the patient is capable of 20 giving informed consent, only if 21 (1) there is a crisis situation, or an impending crisis situation, that 22 requires immediate use of the medication to preserve the life of, or prevent significant 23 physical harm to, the patient or another person, as determined by a [LICENSED] 24 physician, physician assistant, [OR A REGISTERED] or advanced practice 25 registered nurse; the behavior or condition of the patient giving rise to a crisis under 26 this paragraph and the staff's response to the behavior or condition must be 27 documented in the patient's medical record; the documentation must include an 28 explanation of alternative responses to the crisis that were considered or attempted by 29 the staff and why those responses were not sufficient; and 30 (2) the medication is ordered by a [LICENSED] physician, physician 31 assistant, or advanced practice registered nurse; the order
01 (A) may be written or oral and may be received by telephone, 02 facsimile machine, or in person; 03 (B) may include an initial dosage and may authorize additional, 04 as needed, doses; if additional, as needed, doses are authorized, the order must 05 specify the medication, the quantity of each authorized dose, the method of 06 administering the medication, the maximum frequency of administration, the 07 specific conditions under which the medication may be given, and the 08 maximum amount of medication that may be administered to the patient in a 09 24-hour period; 10 (C) is valid for only 24 hours and may be renewed by a 11 physician, physician assistant, or advanced practice registered nurse for a 12 total of 72 hours, including the initial 24 hours, only after a personal 13 assessment of the patient's status and a determination that there is still a crisis 14 situation as described in (1) of this subsection; upon renewal of an order under 15 this subparagraph, the facts supporting the renewal shall be written into the 16 patient's medical record. 17 * Sec. 7. AS 47.32.010(b) is amended to read: 18 (b) This chapter and regulations adopted under this chapter apply to the 19 following entities: 20 (1) ambulatory surgical centers; 21 (2) assisted living homes; 22 (3) child care facilities; 23 (4) child placement agencies; 24 (5) foster homes; 25 (6) free-standing birth centers; 26 (7) home health agencies; 27 (8) hospices, or agencies providing hospice services or operating 28 hospice programs; 29 (9) hospitals; 30 (10) intermediate care facilities for individuals with an intellectual 31 disability or related condition;
01 (11) maternity homes; 02 (12) nursing facilities; 03 (13) residential child care facilities; 04 (14) residential psychiatric treatment centers; 05 (15) runaway shelters; 06 (16) rural health clinics; 07 (17) crisis stabilization centers. 08 * Sec. 8. AS 47.32.900 is amended by adding a new paragraph to read: 09 (22) "crisis stabilization center" means 10 (A) a facility, or a part or unit of a facility, that has been 11 designed to evaluate, stabilize, and treat, on a short-term basis and without the 12 use of hospitalization, individuals experiencing an acute behavioral health 13 crisis; 14 (B) a 23-hour crisis stabilization center; 15 (C) a crisis residential center; or 16 (D) a subacute facility. 17 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 TRANSITION: LICENSING. Notwithstanding AS 47.32.010(b), as amended by sec. 7 of this 20 Act, the Department of Health and Social Services may, before a crisis stabilization center is 21 licensed under AS 47.32.010(b), as amended by sec. 7 of this Act, issue a provisional license 22 to or reimburse the crisis stabilization center under a waiver that is in effect before the 23 effective date of sec. 7 of this Act. 24 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITION: REGULATIONS. The Department of Health and Social Services may 27 adopt regulations necessary to implement the changes made by this Act. The regulations take 28 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 29 law implemented by the regulations. 30 * Sec. 11. Section 10 of this Act takes effect immediately under AS 01.10.070(c).