CSHB 172(HSS): "An Act relating to crisis stabilization centers, crisis residential centers, and subacute mental health facilities; relating to the administration of psychotropic medication in a crisis situation; relating to hospitalizations for mental health evaluation; relating to licensed facilities; relating to a report to the legislature on psychiatric patients and patient rights; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 172(HSS) 01 "An Act relating to crisis stabilization centers, crisis residential centers, and subacute 02 mental health facilities; relating to the administration of psychotropic medication in a 03 crisis situation; relating to hospitalizations for mental health evaluation; relating to 04 licensed facilities; relating to a report to the legislature on psychiatric patients and 05 patient rights; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 12.25.031(a) is amended to read: 08 (a) As an alternative to arrest, a peace officer may, at the officer's discretion, 09 deliver a person to a crisis stabilization center, a crisis residential center, or an 10 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, a crisis residential center, or an evaluation facility or to promptly seek 02 outpatient mental health treatment. 03 * Sec. 2. AS 12.25.031(b) is amended to read: 04 (b) Notwithstanding (a) of this section, a peace officer may, as an alternative 05 to arrest, take a person into emergency custody under AS 47.30.705 and deliver the 06 person to a crisis stabilization center, a crisis residential center, or an evaluation 07 facility. 08 * Sec. 3. AS 12.25.031(c) is amended to read: 09 (c) Delivery of a person to a crisis stabilization center, a crisis residential 10 center, or an evaluation facility for examination under (a) of this section does not 11 constitute an involuntary commitment under AS 47.30 or an arrest. 12 * Sec. 4. AS 12.25.031(d) is amended to read: 13 (d) Before a person delivered to a crisis stabilization center, a crisis 14 residential center, or an evaluation facility under (a) or (b) of this section is released 15 to the community, a mental health professional shall make reasonable efforts to inform 16 the arresting officer and the arresting officer's employing agency of the planned 17 release if the officer has specifically requested notification and provided the officer's 18 contact information to the crisis stabilization center, crisis residential center, or 19 evaluation facility. 20 * Sec. 5. AS 12.25.031(f) is amended to read: 21 (f) An agreement to participate in outpatient treatment or to be delivered to a 22 crisis stabilization center, a crisis residential center, or an evaluation facility under 23 (a) of this section 24 (1) may not require a person to stipulate to any facts regarding the 25 alleged criminal activity as a prerequisite to participation in a mental health treatment 26 alternative; 27 (2) is inadmissible in any criminal or civil proceeding; and 28 (3) does not create immunity from prosecution for the alleged criminal 29 activity. 30 * Sec. 6. AS 12.25.031(g) is amended to read: 31 (g) If a person violates an agreement to be delivered to a crisis stabilization
01 center, a crisis residential center, or an evaluation facility or to seek outpatient 02 treatment under (a) of this section, 03 (1) a mental health professional shall make reasonable efforts to 04 inform the arresting officer and the arresting officer's employing agency of the 05 person's decision to leave the crisis stabilization center, crisis residential center, or 06 evaluation facility; and 07 (2) the original charges may be filed or referred to the prosecutor, as 08 appropriate, and the matter may proceed as provided by law. 09 * Sec. 7. AS 12.25.031(i)(1) is amended to read: 10 (1) "crisis stabilization center" has the meaning given in 11 AS 47.32.900 [MEANS A FACILITY LICENSED UNDER AS 47.32 THAT MEETS 12 THE DEFINITION OF "CRISIS STABILIZATION CENTER" IN AS 47.32.900]; 13 * Sec. 8. AS 12.25.031(i) is amended by adding a new paragraph to read: 14 (4) "crisis residential center" has the meaning given in AS 47.32.900. 15 * Sec. 9. AS 18.65.530(c) is amended to read: 16 (c) A peace officer is not required to make an arrest of a person under (a) of 17 this section if the officer has received authorization from a prosecuting attorney in the 18 jurisdiction in which the offense under investigation arose 19 (1) not to arrest the person; or 20 (2) to deliver the person to a crisis stabilization center, a crisis 21 residential center, or an evaluation facility as provided in AS 12.25.031(b). 22 * Sec. 10. AS 18.65.530(g) is amended to read: 23 (g) A peace officer who delivers a person to a crisis stabilization center, a 24 crisis residential center, or evaluation facility under (c) of this section shall provide 25 the peace officer's and the peace officer's employing agency's contact information to 26 the crisis stabilization center, crisis residential center, or evaluation facility and, if 27 the peace officer and the peace officer's employing agency are [IS] notified under 28 AS 12.25.031(d) of a planned release of the person, shall make reasonable efforts to 29 inform the victim of a crime committed under (a)(1) or (2) of this section of the 30 planned release. 31 * Sec. 11. AS 47.30.705(a) is amended to read:
01 (a) A peace officer, health officer, mental health professional, or physician 02 assistant licensed by the State Medical Board to practice in this state, [A 03 PSYCHIATRIST OR PHYSICIAN WHO IS LICENSED TO PRACTICE IN THIS 04 STATE OR EMPLOYED BY THE FEDERAL GOVERNMENT, OR A CLINICAL 05 PSYCHOLOGIST LICENSED BY THE STATE BOARD OF PSYCHOLOGIST 06 AND PSYCHOLOGICAL ASSOCIATE EXAMINERS] who has probable cause to 07 believe that a person is gravely disabled or is suffering from mental illness and is 08 likely to cause serious harm to self or others of such immediate nature that 09 considerations of safety do not allow initiation of involuntary commitment procedures 10 set out in AS 47.30.700, may cause the person to be taken into custody by a peace 11 officer or health officer and delivered to the nearest crisis stabilization center, crisis 12 residential center, [AS DEFINED IN AS 47.32.900 OR THE NEAREST] evaluation 13 facility, or treatment facility. A person taken into custody [FOR EMERGENCY 14 EVALUATION] may not be placed in a jail or other correctional facility except for 15 protective custody purposes and only while awaiting transportation to a crisis 16 stabilization center, crisis residential center, evaluation facility, or treatment facility. 17 However, [EMERGENCY] protective custody under this section may not include 18 placement of a minor in a jail or secure facility. The peace officer, health officer, 19 [OR] mental health professional, or physician assistant shall complete an application 20 for examination of the person in custody and be interviewed by a mental health 21 professional at the crisis stabilization center, crisis residential center, evaluation 22 facility, or treatment facility. 23 * Sec. 12. AS 47.30.705 is amended by adding a new subsection to read: 24 (c) When delivering a person to a crisis stabilization center, crisis residential 25 center, evaluation facility, or treatment facility under (a) of this section, a peace officer 26 or health officer shall give priority to a crisis stabilization center or crisis residential 27 center if one exists in the service area served by the peace officer or health officer. 28 * Sec. 13. AS 47.30 is amended by adding new sections to read: 29 Sec. 47.30.707. Admission to and hold at a crisis stabilization center. (a) 30 Except as provided in (b) of this section, when a crisis stabilization center admits a 31 respondent under AS 47.30.705, the crisis stabilization center may hold the respondent
01 at the center for a period not to exceed 23 hours and 59 minutes. A mental health 02 professional shall examine the respondent within three hours after the respondent 03 arrives at the center. 04 (b) If the professional person in charge at the crisis stabilization center 05 determines that there is probable cause to believe that the respondent is suffering an 06 acute behavioral health crisis and, as a result, is likely to cause harm to self or others 07 or is gravely disabled, the respondent's acute behavioral health crisis will be resolved 08 during admission to a crisis residential center, and the respondent is not willing to 09 voluntarily go to the crisis residential center, a mental health professional may submit 10 an ex parte application to the court under this section for detention at the crisis 11 residential center. Based on the application, if the court finds that probable cause 12 exists to believe that the respondent's acute behavioral health crisis will be resolved 13 during admission to a crisis residential center, the court shall grant the application and 14 appoint an attorney to represent the respondent, and the respondent may remain at the 15 crisis stabilization center until admission to a crisis residential center. If the court finds 16 no probable cause, the court shall order the respondent released. 17 Sec. 47.30.708. Admission to and detention at a crisis residential center. (a) 18 A respondent who is delivered to a crisis residential center for emergency examination 19 and treatment shall be examined and evaluated as to mental and physical condition by 20 a mental health professional within three hours after arrival at the facility. 21 (b) The mental health professional who performs the emergency examination 22 under (a) of this section may admit the respondent to the crisis residential center if the 23 mental health professional has probable cause to believe that 24 (1) the respondent is mentally ill and that condition causes the 25 respondent to be gravely disabled or to present a likelihood of serious harm to self or 26 others; and 27 (2) the respondent's acute behavioral health crisis will be resolved 28 during admission to the crisis residential center. 29 (c) If a mental health professional admits a respondent to a crisis residential 30 center and a judicial order has not been obtained under AS 47.30.707, the mental 31 health professional may apply for an ex parte order under this section authorizing
01 admission to the crisis residential center. Based on the application, if the court finds 02 that probable cause exists to believe that the respondent is suffering an acute 03 behavioral health crisis and, as a result, is likely to cause harm to self or others or is 04 gravely disabled and the respondent's acute behavioral health crisis will be resolved 05 during admission to a crisis residential center, the court shall grant the application and 06 appoint an attorney to represent the respondent. If the court finds no probable cause, 07 the court shall order the respondent released. 08 (d) When, under (c) of this section, the court grants an ex parte application to 09 admit a respondent to a crisis residential center, the court shall set a time for a hearing, 10 to be held if needed within 72 hours after the respondent's arrival at the crisis 11 stabilization center or the crisis residential center, whichever is earlier, and the court 12 shall notify the respondent, the respondent's attorney, the respondent's guardian, if 13 any, the petitioner's attorney, if any, and the attorney general of the time and place of 14 the hearing. Computation of the 72-hour period at a crisis residential center before a 15 hearing does not include Saturdays, Sundays, and legal holidays. The hearing shall be 16 held at the crisis residential center in person, by contemporaneous two-way video 17 conference, or by teleconference, absent extraordinary circumstances. If a hearing is 18 held by contemporaneous two-way video conference, only the court may record the 19 hearing. In this subsection, "contemporaneous two-way video conference" means a 20 conference among people at different places by means of transmitted audio and visual 21 signals, using any communication technology that allows people at two or more places 22 to interact simultaneously by way of two-way video and audio transmission. 23 (e) In the course of the 72-hour period, a petition for 30-day commitment or 24 for seven-day detention at a crisis residential center may be filed in court. A petition 25 for 30-day commitment must conform with AS 47.30.730. A petition for seven-day 26 detention at a crisis residential center must be signed by two mental health 27 professionals, one of whom must be a physician, who have examined the respondent. 28 A copy of the petition shall be served on the respondent, the respondent's attorney, and 29 the respondent's guardian, if any, before the hearing. The petition for detention must 30 (1) allege that the respondent is suffering an acute behavioral health 31 crisis and, as a result, is likely to cause harm to self or others or is gravely disabled;
01 (2) allege that resolution of the respondent's acute behavioral health 02 crisis is likely during the admission to the crisis residential center; 03 (3) allege that the respondent has been advised of the need for, but has 04 not accepted, voluntary treatment, and request that the court order the respondent to be 05 detained at the crisis residential center for up to seven days following the respondent's 06 arrival at the crisis stabilization center or the crisis residential center, whichever is 07 earlier; 08 (4) list prospective witnesses; and 09 (5) list specific facts and describe behavior of the respondent 10 supporting the allegations in (1) - (3) of this subsection. 11 (f) If, at a hearing held under (d) of this section, the court reviews a petition 12 for 30-day commitment, the court shall hold the next hearing in accordance with 13 AS 47.30.735. If the court grants the petition for 30-day commitment, the respondent 14 may remain at the crisis residential center until admission to a designated treatment 15 facility. 16 (g) If, at a hearing held under (d) of this section, the court reviews a petition 17 for seven-day detention at a crisis residential center, the respondent has the rights 18 listed in AS 47.30.735(b)(1) - (9). At the conclusion of a hearing on a petition for 19 seven-day detention at a crisis residential center, the court 20 (1) may order the respondent detained at the crisis residential center 21 for up to seven days following the respondent's arrival at the crisis stabilization center 22 or the crisis residential center, whichever is earlier, if the court finds there is probable 23 cause to believe that 24 (A) the respondent is suffering an acute behavioral health crisis 25 and, as a result, is likely to cause harm to self or others or is gravely disabled; 26 and 27 (B) the respondent's acute behavioral health crisis will be 28 resolved during admission to the crisis residential center; 29 (2) shall order the respondent released, if the court finds no probable 30 cause. 31 Sec. 47.30.709. Rights of respondents at crisis stabilization centers and
01 crisis residential centers; psychotropic medication; time. (a) If at any time during a 02 respondent's hold at a crisis stabilization center or detention at a crisis residential 03 center the professional person in charge determines that the respondent does not meet 04 the standard for a hold or detention, the respondent may no longer be held or detained. 05 The professional person in charge shall notify the petitioner and the court, if 06 applicable. 07 (b) When a respondent is held at a crisis stabilization center or detained at a 08 crisis residential center, the respondent has the rights identified in AS 47.30.725 and, 09 (1) if an adult, the rights identified under AS 47.30.817 - 47.30.838, 10 47.30.840 - 47.30.850, and 47.30.855 - 47.30.865; and 11 (2) if a minor, the rights identified in AS 47.30.700 - 47.30.815. 12 (c) A respondent subject to an involuntary stabilization hold or detention at a 13 crisis stabilization center or crisis residential center may, at any time, convert to 14 voluntary status if the professional person in charge agrees that 15 (1) the respondent is an appropriate patient for voluntary status; and 16 (2) the conversion is made in good faith. 17 (d) A crisis stabilization center or crisis residential center may administer 18 psychotropic medication to an involuntarily held or detained respondent only in a 19 manner that is consistent with AS 47.30.838. 20 (e) Computation of a 23-hour and 59-minute holding time at a crisis 21 stabilization center includes Saturdays, Sundays, and legal holidays, but does not 22 include any period of time necessary to transport a respondent to a crisis stabilization 23 center. Computation of a seven-day detention at a crisis residential center includes 24 Saturdays, Sundays, and legal holidays, but does not include any period of time 25 necessary to transport a respondent to a crisis residential center. 26 * Sec. 14. AS 47.30.710 is amended to read: 27 Sec. 47.30.710. Examination; hospitalization. (a) A respondent who is 28 delivered under AS 47.30.700 - 47.30.705 to an evaluation facility [, EXCEPT FOR 29 DELIVERY TO A CRISIS STABILIZATION CENTER AS DEFINED IN 30 AS 47.32.900,] for emergency examination and treatment shall be examined and 31 evaluated as to mental and physical condition by a mental health professional and by a
01 physician within 24 hours after arrival at the facility. [A RESPONDENT WHO IS 02 DELIVERED UNDER AS 47.30.705 TO A CRISIS STABILIZATION CENTER 03 SHALL BE EXAMINED BY A MENTAL HEALTH PROFESSIONAL AS 04 DEFINED IN AS 47.30.915 WITHIN THREE HOURS AFTER ARRIVING AT THE 05 CENTER.] 06 (b) If the mental health professional who performs the emergency examination 07 under (a) of this section has reason to believe that the respondent is [(1)] mentally ill 08 and that condition causes the respondent to be gravely disabled or to present a 09 likelihood of serious harm to self or others, and the respondent [(2)] is in need of care 10 or treatment, the mental health professional may 11 (1) admit the respondent to a crisis residential center; 12 (2) hospitalize the respondent; [,] or 13 (3) arrange for hospitalization, on an emergency basis [. IF A 14 JUDICIAL ORDER HAS NOT BEEN OBTAINED UNDER AS 47.30.700, THE 15 MENTAL HEALTH PROFESSIONAL SHALL APPLY FOR AN EX PARTE 16 ORDER AUTHORIZING HOSPITALIZATION FOR EVALUATION]. 17 * Sec. 15. AS 47.30.710 is amended by adding new subsections to read: 18 (c) If a mental health professional hospitalizes a respondent or arranges for the 19 hospitalization of a respondent under (b) of this section and a judicial order has not 20 been obtained under AS 47.30.700, the mental health professional shall apply for an 21 ex parte order authorizing the hospitalization for evaluation. 22 (d) If a mental health professional readmits a respondent to an evaluation 23 facility after a discharge from a subacute mental health facility, the respondent is not 24 willing to remain at the evaluation facility on a voluntary basis, and a judicial order 25 has not been obtained under AS 47.30.700, the mental health professional shall apply 26 for an ex parte order authorizing hospitalization for evaluation. Unless otherwise 27 ordered by the court upon receiving the application for an ex parte order, the 28 respondent shall remain at the evaluation facility until the court issues a decision on 29 the application of an ex parte order. 30 * Sec. 16. AS 47.30.715 is amended to read: 31 Sec. 47.30.715. Procedure after order. When an evaluation [A] facility
01 receives a proper order for evaluation, it shall accept the order and the respondent for 02 an evaluation period not to exceed 72 hours. The evaluation facility shall promptly 03 notify the court of the date and time of the respondent's arrival. The court shall set a 04 date, time, and place for a 30-day commitment hearing, to be held if needed within 72 05 hours after the respondent's arrival, and the court shall notify the evaluation facility, 06 the respondent, the respondent's guardian, if any, the respondent's attorney, [AND] 07 the petitioner's [PROSECUTING] attorney, if any, and the attorney general of the 08 time and place of the hearing [ARRANGEMENTS]. Evaluation personnel, when 09 used, shall similarly notify the court of the date and time when they first met with the 10 respondent. 11 * Sec. 17. AS 47.30.805 is amended to read: 12 Sec. 47.30.805. Computation, extension, and expiration of periods of time. 13 (a) Except as provided in (b) of this section, 14 (1) computations of a 72-hour evaluation period under AS 47.30.708 15 or 47.30.715 [AS 47.30.715] or a 48-hour detention period under AS 47.30.685 do not 16 include Saturdays, Sundays, legal holidays, or any period of time necessary to 17 transport the respondent to the treatment facility; 18 (2) a seven-day detention at a crisis residential center expires at 19 the end of the seventh day following the respondent's arrival at the crisis 20 stabilization center or the crisis residential center, whichever is earlier; 21 (3) a 30-day commitment period expires at the end of the 30th day 22 after the 72 hours following initial acceptance; 23 (4) [(3)] a 90-day commitment period expires at the end of the 90th 24 day after the expiration of a 30-day period of treatment; 25 (5) [(4)] a 180-day commitment period expires at the end of the 180th 26 day, after the expiration of a 90-day period of treatment or previous 180-day period, 27 whichever is applicable. 28 (b) When a respondent has failed to appear or been absent through the 29 respondent's own actions contrary to any order properly made or entered under 30 AS 47.30.660 - 47.30.915, the relevant commitment period shall be extended for a 31 period of time equal to the respondent's absence if written notice of absence is
01 promptly provided to the respondent's attorney and guardian, if any [THERE IS 02 ONE], and if, within 24 hours after the respondent has returned to the evaluation or 03 treatment facility, written notice of the corresponding extension and the reason for it is 04 given to the respondent and the respondent's attorney and guardian, if any, and to the 05 court. 06 * Sec. 18. AS 47.30.838(c) is amended to read: 07 (c) If crisis situations as described in (a)(1) of this section occur repeatedly, or 08 if it appears that they may occur repeatedly, the evaluation facility, crisis stabilization 09 center, crisis residential center, or designated treatment facility may administer 10 psychotropic medication during not [NO] more than three crisis periods without the 11 patient's informed consent only with court approval under AS 47.30.839. 12 * Sec. 19. AS 47.30.839(b) is amended to read: 13 (b) An evaluation facility or designated treatment facility may seek court 14 approval for administration of psychotropic medication to a patient by filing a petition 15 with the court, requesting a hearing on the capacity of the person to give informed 16 consent and on the proposed use of psychotropic medication. The petition shall 17 provide specific information regarding the factors listed in AS 47.30.837(d)(2)(A) 18 - (E). 19 * Sec. 20. AS 47.30.839(g) is amended to read: 20 (g) If the court determines by clear and convincing evidence that the patient 21 is not competent to provide informed consent and [, BY CLEAR AND 22 CONVINCING EVIDENCE,] was not competent to provide informed consent at the 23 time of previously expressed wishes documented under (d)(2) of this section, that the 24 proposed use of medication is in the best interests of the patient considering at a 25 minimum the factors listed in AS 47.30.837(d)(2)(A) - (E), and that there is no 26 feasible less intrusive alternative, the court shall approve the facility's proposed use 27 of psychotropic medication. The court's approval under this subsection applies to the 28 patient's initial period of commitment if the decision is made during that time period. 29 If the decision is made during a period for which the initial commitment has been 30 extended, the court's approval under this subsection applies to the period for which 31 commitment is extended.
01 * Sec. 21. AS 47.30 is amended by adding a new section to read: 02 Sec. 47.30.912. Regulations. The department shall adopt regulations to 03 implement AS 47.30.700 - 47.30.915. 04 * Sec. 22. AS 47.30.915(7) is amended to read: 05 (7) "evaluation facility" means a hospital or crisis residential center 06 [HEALTH CARE FACILITY] that has been designated or is operated by the 07 department to perform the evaluations described in AS 47.30.660 - 47.30.915, or a 08 medical facility [LICENSED UNDER AS 47.32 OR] operated by the federal 09 government that performs evaluations; 10 * Sec. 23. AS 47.30.915(9) is amended to read: 11 (9) "gravely disabled" means a condition in which a person as a result 12 of mental illness 13 (A) is in danger of physical harm arising from such complete 14 neglect of basic needs for food, clothing, shelter, or personal safety as to render 15 serious accident, illness, or death highly probable if care by another is not 16 taken; or 17 (B) is so incapacitated that the person is incapable of 18 surviving safely in freedom [WILL, IF NOT TREATED, SUFFER OR 19 CONTINUE TO SUFFER SEVERE AND ABNORMAL MENTAL, 20 EMOTIONAL, OR PHYSICAL DISTRESS, AND THIS DISTRESS IS 21 ASSOCIATED WITH SIGNIFICANT IMPAIRMENT OF JUDGMENT, 22 REASON, OR BEHAVIOR CAUSING A SUBSTANTIAL 23 DETERIORATION OF THE PERSON'S PREVIOUS ABILITY TO 24 FUNCTION INDEPENDENTLY]; 25 * Sec. 24. AS 47.30.915(15) is amended to read: 26 (15) "peace officer" has the meaning given in AS 01.10.060(a) 27 [INCLUDES A STATE POLICE OFFICER, MUNICIPAL OR OTHER LOCAL 28 POLICE OFFICER, STATE, MUNICIPAL, OR OTHER LOCAL HEALTH 29 OFFICER, PUBLIC HEALTH NURSE, UNITED STATES MARSHAL OR 30 DEPUTY UNITED STATES MARSHAL, OR A PERSON AUTHORIZED BY THE 31 COURT];
01 * Sec. 25. AS 47.30.915 is amended by adding new paragraphs to read: 02 (21) "crisis residential center" has the meaning given in AS 47.32.900; 03 (22) "crisis stabilization center" has the meaning given in 04 AS 47.32.900; 05 (23) "health officer" means a state, municipal, or other local health 06 officer, public health nurse, emergency medical technician, paramedic, firefighter, or a 07 person authorized by the court to carry out AS 47.30.660 - 47.30.915; 08 (24) "subacute mental health facility" has the meaning given in 09 AS 47.32.900. 10 * Sec. 26. AS 47.32.010(b) is amended to read: 11 (b) This chapter and regulations adopted under this chapter apply to the 12 following entities: 13 (1) ambulatory surgical centers; 14 (2) assisted living homes; 15 (3) child care facilities; 16 (4) child placement agencies; 17 (5) foster homes; 18 (6) freestanding birth centers; 19 (7) home health agencies; 20 (8) hospices, or agencies providing hospice services or operating 21 hospice programs; 22 (9) hospitals; 23 (10) intermediate care facilities for individuals with an intellectual 24 disability or related condition; 25 (11) maternity homes; 26 (12) nursing facilities; 27 (13) residential child care facilities; 28 (14) residential psychiatric treatment centers; 29 (15) runaway shelters; 30 (16) rural health clinics; 31 (17) subacute mental health facilities [CRISIS STABILIZATION
01 CENTERS]. 02 * Sec. 27. AS 47.32.900 is amended by adding a new paragraph to read: 03 (23) "subacute mental health facility" means a facility, or a part or unit 04 of a facility, that has been designed to evaluate, stabilize, and treat, on a short-term, 05 intensive, and recovery-oriented basis, and without the use of hospitalization, 06 individuals experiencing an acute behavioral health crisis, including a crisis 07 stabilization center and a crisis residential center; in this paragraph, 08 (A) "crisis residential center" means a subacute mental health 09 facility that has a maximum stay of seven days for an involuntary admission; 10 (B) "crisis stabilization center" means a subacute mental health 11 facility that has a maximum stay of 23 hours and 59 minutes. 12 * Sec. 28. AS 47.32.900(5) is repealed. 13 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 REPORT TO THE LEGISLATURE. (a) One year after the effective date of secs. 1 - 16 30 of this Act, the Department of Health and Social Services and the Alaska Mental Health 17 Trust Authority shall submit a joint report to the senate secretary and chief clerk of the house 18 of representatives and notify the legislature that the report is available. The report must 19 (1) include an assessment of the current state, federal, and accrediting body 20 requirements for psychiatric patient rights, including patient grievance and appeal policies and 21 procedures; the assessment must address the adequacy of these policies and procedures and 22 the practical challenges patients face in availing themselves of these rights; 23 (2) identify and recommend any additional changes to state statutes, 24 regulations, or other requirements that could improve patient outcomes and enhance patient 25 rights, particularly involving involuntary admissions, involuntary medications, and the 26 practical ability of patients to avail themselves of their rights; and 27 (3) assess and recommend any needed changes to current processes for data 28 collection and reporting of patient grievances and appeals, patient reports of harm and 29 restraint, and the resolution of these matters. 30 (b) The process used by the Department of Health and Social Services and the Alaska 31 Mental Health Trust Authority to develop the assessment and recommendations under (a) of
01 this section must include convening a diverse stakeholder group that includes members 02 representing patients with lived experience, patient advocates, the Disability Law Center of 03 Alaska, providers of psychiatric services, the ombudsman, the Alaska Mental Health Board, 04 the Department of Health and Social Services, and the Alaska Mental Health Trust Authority. 05 A draft assessment and any recommendations must be made available for public comment, 06 and any comments must be given due consideration before the production and transmittal of 07 the final report. 08 * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TRANSITION: LICENSING. Notwithstanding AS 47.32.010(b), as amended by sec. 11 26 of this Act, the Department of Health and Social Services shall consider a valid non- 12 expired license issued before the effective date of sec. 26 of this Act to a facility identified as 13 a crisis stabilization center as a license for a subacute mental health facility until that license 14 is renewed, suspended, or revoked. 15 * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION: REGULATIONS. The Department of Health and Social Services may 18 adopt regulations to implement this Act. The regulations take effect under AS 44.62 19 (Administrative Procedure Act) but not before the effective date of the law implemented by 20 the regulation. 21 * Sec. 32. Section 31 of this Act takes effect immediately under AS 01.10.070(c).