SCS CSHB 172(FIN): "An Act relating to crisis stabilization centers, crisis residential centers, and subacute mental health facilities; relating to evaluation facilities; relating to representation by an attorney; relating to the administration of psychotropic medication in a crisis situation; relating to the use of psychotropic medication; relating to licensed facilities; relating to psychiatric patient rights; amending Rule 6(a), Alaska Rules of Civil Procedure; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) 01 "An Act relating to crisis stabilization centers, crisis residential centers, and subacute 02 mental health facilities; relating to evaluation facilities; relating to representation by an 03 attorney; relating to the administration of psychotropic medication in a crisis situation; 04 relating to the use of psychotropic medication; relating to licensed facilities; relating to 05 psychiatric patient rights; amending Rule 6(a), Alaska Rules of Civil Procedure; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 12.25.031(a) is amended to read: 09 (a) As an alternative to arrest, a peace officer may, at the officer's discretion, 10 deliver a person to a crisis stabilization center, a crisis residential center, or an 11 evaluation facility or decline to arrest the person if 12 (1) the arresting officer believes in good faith that the person is 13 suffering from an acute behavioral health crisis; and
01 (2) the person voluntarily agrees to be taken to a crisis stabilization 02 center, a crisis residential center, or an evaluation facility or to promptly seek 03 outpatient mental health treatment. 04 * Sec. 2. AS 12.25.031(b) is amended to read: 05 (b) Notwithstanding (a) of this section, a peace officer may, as an alternative 06 to arrest, take a person into emergency custody under AS 47.30.705 and deliver the 07 person to a crisis stabilization center, a crisis residential center, or an evaluation 08 facility. 09 * Sec. 3. AS 12.25.031(c) is amended to read: 10 (c) Delivery of a person to a crisis stabilization center, a crisis residential 11 center, or an evaluation facility for examination under (a) of this section does not 12 constitute an involuntary commitment under AS 47.30 or an arrest. 13 * Sec. 4. AS 12.25.031(d) is amended to read: 14 (d) Before a person delivered to a crisis stabilization center, a crisis 15 residential center, or an evaluation facility under (a) or (b) of this section is released 16 to the community, a mental health professional shall make reasonable efforts to inform 17 the arresting officer and the arresting officer's employing agency of the planned 18 release if the officer has specifically requested notification and provided the officer's 19 contact information to the crisis stabilization center, crisis residential center, or 20 evaluation facility. 21 * Sec. 5. AS 12.25.031(f) is amended to read: 22 (f) An agreement to participate in outpatient treatment or to be delivered to a 23 crisis stabilization center, a crisis residential center, or an evaluation facility under 24 (a) of this section 25 (1) may not require a person to stipulate to any facts regarding the 26 alleged criminal activity as a prerequisite to participation in a mental health treatment 27 alternative; 28 (2) is inadmissible in any criminal or civil proceeding; and 29 (3) does not create immunity from prosecution for the alleged criminal 30 activity. 31 * Sec. 6. AS 12.25.031(g) is amended to read:
01 (g) If a person violates an agreement to be delivered to a crisis stabilization 02 center, a crisis residential center, or an evaluation facility or to seek outpatient 03 treatment under (a) of this section, 04 (1) a mental health professional shall make reasonable efforts to 05 inform the arresting officer and the arresting officer's employing agency of the 06 person's decision to leave the crisis stabilization center, crisis residential center, or 07 evaluation facility; and 08 (2) the original charges may be filed or referred to the prosecutor, as 09 appropriate, and the matter may proceed as provided by law. 10 * Sec. 7. AS 12.25.031(i)(1) is amended to read: 11 (1) "crisis stabilization center" has the meaning given in 12 AS 47.32.900 [MEANS A FACILITY LICENSED UNDER AS 47.32 THAT MEETS 13 THE DEFINITION OF "CRISIS STABILIZATION CENTER" IN AS 47.32.900]; 14 * Sec. 8. AS 12.25.031(i) is amended by adding a new paragraph to read: 15 (4) "crisis residential center" has the meaning given in AS 47.32.900. 16 * Sec. 9. AS 18.65.530(c) is amended to read: 17 (c) A peace officer is not required to make an arrest of a person under (a) of 18 this section if the officer has received authorization from a prosecuting attorney in the 19 jurisdiction in which the offense under investigation arose 20 (1) not to arrest the person; or 21 (2) to deliver the person to a crisis stabilization center, a crisis 22 residential center, or an evaluation facility as provided in AS 12.25.031(b). 23 * Sec. 10. AS 18.65.530(g) is amended to read: 24 (g) A peace officer who delivers a person to a crisis stabilization center, a 25 crisis residential center, or evaluation facility under (c) of this section shall provide 26 the peace officer's and the peace officer's employing agency's contact information to 27 the crisis stabilization center, crisis residential center, or evaluation facility and, if 28 the peace officer and the peace officer's employing agency are [IS] notified under 29 AS 12.25.031(d) of a planned release of the person, shall make reasonable efforts to 30 inform the victim of a crime committed under (a)(1) or (2) of this section of the 31 planned release.
01 * Sec. 11. AS 18.85.100(a) is amended to read: 02 (a) An indigent person who is under formal charge of having committed a 03 serious crime and the crime has been the subject of an initial appearance or subsequent 04 proceeding, or is being detained under a conviction of a serious crime, or is on 05 probation or parole, or is entitled to representation under the Supreme Court 06 Delinquency or Child in Need of Aid Rules or at a review hearing under 07 AS 47.12.105(d), or is isolated, quarantined, or required to be tested under an order 08 issued under AS 18.15.355 - 18.15.395, or is a respondent in a proceeding under 09 AS 47.30 [AGAINST WHOM COMMITMENT PROCEEDINGS FOR MENTAL 10 ILLNESS HAVE BEEN INITIATED], is entitled 11 (1) to be represented, in connection with the crime or proceeding, by 12 an attorney to the same extent as a person retaining an attorney is entitled; and 13 (2) to be provided with the necessary services and facilities of this 14 representation, including investigation and other preparation. 15 * Sec. 12. AS 47.30.693 is amended to read: 16 Sec. 47.30.693. Notice to parent or guardian [OF MINOR]. When a minor 17 under 18 years of age is detained at or admitted or committed to a treatment facility, 18 the facility shall inform the parent or guardian of the location of the minor as soon as 19 possible after the arrival of the minor at the facility. When an adult for whom a 20 guardian has been appointed is detained at or admitted or committed to a 21 treatment facility and the facility is aware of the appointment, the facility shall 22 inform the guardian of the location of the adult as soon as possible after the 23 arrival of the adult at the facility. 24 * Sec. 13. AS 47.30.700 is amended by adding a new subsection to read: 25 (c) When a crisis stabilization center, crisis residential center, evaluation 26 facility, or treatment facility admits a minor respondent under this section, the center 27 or facility shall inform the parent or guardian of the location of the minor as soon as 28 possible after the arrival of the minor at the facility. When a crisis stabilization center, 29 crisis residential center, evaluation facility, or treatment facility admits an adult for 30 whom a guardian has been appointed and the center or facility is aware of the 31 appointment, the center or facility shall inform the guardian of the location of the adult
01 as soon as possible after the arrival of the adult at the center or facility. 02 * Sec. 14. AS 47.30.705(a) is amended to read: 03 (a) A peace officer, health officer, mental health professional, or physician 04 assistant licensed by the State Medical Board to practice in this state, [A 05 PSYCHIATRIST OR PHYSICIAN WHO IS LICENSED TO PRACTICE IN THIS 06 STATE OR EMPLOYED BY THE FEDERAL GOVERNMENT, OR A CLINICAL 07 PSYCHOLOGIST LICENSED BY THE STATE BOARD OF PSYCHOLOGIST 08 AND PSYCHOLOGICAL ASSOCIATE EXAMINERS] who has probable cause to 09 believe that a person is gravely disabled or is suffering from mental illness and is 10 likely to cause serious harm to self or others of such immediate nature that 11 considerations of safety do not allow initiation of involuntary commitment procedures 12 set out in AS 47.30.700, may cause the person to be taken into custody by a peace 13 officer or health officer and delivered to the nearest crisis stabilization center, crisis 14 residential center, [AS DEFINED IN AS 47.32.900 OR THE NEAREST] evaluation 15 facility, or treatment facility. A person taken into custody for emergency evaluation 16 may not be placed in a jail or other correctional facility except for protective custody 17 purposes and only while awaiting transportation to a crisis stabilization center, crisis 18 residential center, evaluation facility, or treatment facility. However, 19 [EMERGENCY] protective custody under this section may not include placement of a 20 minor in a jail or secure facility. The peace officer, health officer, [OR] mental health 21 professional, or physician assistant shall complete an application for examination of 22 the person in custody and be interviewed by a mental health professional at the crisis 23 stabilization center, crisis residential center, evaluation facility, or treatment facility. 24 * Sec. 15. AS 47.30.705 is amended by adding new subsections to read: 25 (c) When delivering a person to a crisis stabilization center, crisis residential 26 center, evaluation facility, or treatment facility under (a) of this section, a peace officer 27 or health officer shall give priority to a crisis stabilization center or crisis residential 28 center if one exists in the service area served by the peace officer or health officer. 29 (d) When a crisis stabilization center, crisis residential center, evaluation 30 facility, or treatment facility admits a minor under this section, the center or facility 31 shall inform the parent or guardian that the minor has been admitted as soon as
01 possible after the arrival of the minor at the facility. When a crisis stabilization center, 02 crisis residential center, evaluation facility, or treatment facility admits an adult for 03 whom a guardian has been appointed and the center or facility is aware of the 04 appointment, the center or facility shall inform the guardian that the adult has been 05 admitted as soon as possible. 06 * Sec. 16. AS 47.30 is amended by adding new sections to read: 07 Sec. 47.30.707. Admission to and hold at a crisis stabilization center. (a) 08 Except as provided in (b) of this section, when a crisis stabilization center admits a 09 respondent under AS 47.30.705, the crisis stabilization center may hold the respondent 10 at the center for a period not to exceed 23 hours and 59 minutes. A mental health 11 professional shall examine the respondent within three hours after the respondent 12 arrives at the center. 13 (b) If the professional person in charge at the crisis stabilization center 14 determines that there is probable cause to believe that the respondent has a mental 15 illness and is suffering an acute behavioral health crisis and, as a result, is likely to 16 cause serious harm to self or others or is gravely disabled, the respondent's acute 17 behavioral health crisis will be resolved during admission to a crisis residential center 18 or evaluation facility, and the respondent is not willing to voluntarily go to the crisis 19 residential center or evaluation facility, a mental health professional may submit an ex 20 parte application to the court under this section for detention at the crisis residential 21 center or evaluation facility. Based on the application, if the court finds that probable 22 cause exists to believe that the respondent has a mental illness and is suffering an 23 acute behavioral health crisis and, as a result, is likely to cause serious harm to self or 24 others or is gravely disabled and the respondent's acute behavioral health crisis will be 25 resolved during admission to a crisis residential center or evaluation facility, and the 26 respondent is not willing to voluntarily go to a crisis residential center or evaluation 27 facility, the court shall grant the application and appoint an attorney to represent the 28 respondent, and the respondent may remain at the crisis stabilization center until 29 admission to a crisis residential center or evaluation facility. If the court finds no 30 probable cause, the court shall order the respondent released. 31 Sec. 47.30.708. Admission to and detention at a crisis residential center. (a)
01 A respondent who is delivered to a crisis residential center for emergency examination 02 and treatment shall be examined and evaluated as to mental and physical condition by 03 a mental health professional within three hours after arrival at the facility. 04 (b) The mental health professional who performs the emergency examination 05 under (a) of this section may admit the respondent to the crisis residential center if the 06 mental health professional has probable cause to believe that 07 (1) the respondent has a mental illness and is suffering an acute 08 behavioral health crisis and, as a result, is likely to cause serious harm to self or others 09 or is gravely disabled; and 10 (2) the respondent's acute behavioral health crisis will be resolved 11 during admission to the crisis residential center. 12 (c) If a mental health professional admits a respondent to a crisis residential 13 center and a judicial order has not been obtained under AS 47.30.707, the mental 14 health professional may apply for an ex parte order under this section authorizing 15 admission to the crisis residential center. Based on the application, if the court finds 16 that probable cause exists to believe that the respondent has a mental illness and is 17 suffering an acute behavioral health crisis and, as a result, is likely to cause serious 18 harm to self or others or is gravely disabled, and the respondent's acute behavioral 19 health crisis will be resolved during admission to a crisis residential center, the court 20 shall grant the application and appoint an attorney to represent the respondent. If the 21 court finds no probable cause, the court shall order the respondent released. 22 (d) When, under (c) of this section, the court grants an ex parte application to 23 admit a respondent to a crisis residential center, the court shall set a time for a hearing, 24 to be held if needed within 72 hours after the respondent's arrival at the crisis 25 stabilization center or the crisis residential center, whichever is earlier, and the court 26 shall notify the respondent, the respondent's attorney, the respondent's guardian, if 27 any, the petitioner's attorney, if any, and the attorney general of the time and place of 28 the hearing. Computation of the 72-hour period at a crisis residential center before a 29 hearing does not include Saturdays, Sundays, and legal holidays, except that if the 30 exclusion of Saturdays, Sundays, and legal holidays from the computation of the 72- 31 hour period would result in the respondent being held for longer than 72 hours, the 72-
01 hour period ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal 02 holiday. The hearing shall be held at the crisis residential center in person, by 03 contemporaneous two-way video conference, or by teleconference, absent 04 extraordinary circumstances. If a hearing is held by contemporaneous two-way video 05 conference, only the court may record the hearing. In this subsection, 06 "contemporaneous two-way video conference" means a conference among people at 07 different places by means of transmitted audio and visual signals, using any 08 communication technology that allows people at two or more places to interact 09 simultaneously by way of two-way video and audio transmission. 10 (e) In the course of the 72-hour period, a petition for 30-day commitment or 11 for seven-day detention at a crisis residential center may be filed in court. A petition 12 for 30-day commitment must conform with AS 47.30.730. A petition for seven-day 13 detention at a crisis residential center must be signed by two mental health 14 professionals, one of whom must be a physician, who have examined the respondent. 15 A copy of the petition shall be served on the respondent, the respondent's attorney, and 16 the respondent's guardian, if any, before the hearing. The petition for detention must 17 (1) allege that the respondent is suffering an acute behavioral health 18 crisis and, as a result, is likely to cause serious harm to self or others or is gravely 19 disabled; 20 (2) allege that resolution of the respondent's acute behavioral health 21 crisis is likely during the admission to the crisis residential center; 22 (3) allege that the respondent has been advised of the need for, but has 23 not accepted, voluntary treatment, and request that the court order the respondent to be 24 detained at the crisis residential center for up to seven days following the respondent's 25 arrival at the crisis stabilization center or the crisis residential center, whichever is 26 earlier; 27 (4) list prospective witnesses; and 28 (5) list specific facts and describe behavior of the respondent 29 supporting the allegations in (1) - (3) of this subsection. 30 (f) If, at a hearing held under (d) of this section, the court reviews a petition 31 for 30-day commitment, the court shall hold the next hearing in accordance with
01 AS 47.30.735. If the court grants the petition for 30-day commitment, the respondent 02 may remain at the crisis residential center until admission to a designated treatment 03 facility. 04 (g) If, at a hearing held under (d) of this section, the court reviews a petition 05 for seven-day detention at a crisis residential center, the respondent has the rights 06 listed in AS 47.30.735(b)(1) - (9). At the conclusion of a hearing on a petition for 07 seven-day detention at a crisis residential center, the court 08 (1) may order the respondent detained at the crisis residential center 09 for up to seven days following the respondent's arrival at the crisis stabilization center 10 or the crisis residential center, whichever is earlier, if the court finds there is probable 11 cause to believe that 12 (A) the respondent is suffering an acute behavioral health crisis 13 and, as a result, is likely to cause serious harm to self or others or is gravely 14 disabled; and 15 (B) the respondent's acute behavioral health crisis will be 16 resolved during admission to the crisis residential center; 17 (2) shall order the respondent released, if the court finds no probable 18 cause. 19 Sec. 47.30.709. Rights of respondents at crisis stabilization centers and 20 crisis residential centers; psychotropic medication; time. (a) If at any time during a 21 respondent's hold at a crisis stabilization center or detention at a crisis residential 22 center the professional person in charge determines that the respondent does not meet 23 the standard for a hold or detention, the respondent may no longer be held or detained. 24 The professional person in charge shall notify the petitioner and the court, if 25 applicable. 26 (b) When a respondent is held at a crisis stabilization center or detained at a 27 crisis residential center, the respondent has the rights identified in AS 47.30.725 and, 28 (1) if an adult, the rights identified under AS 47.30.817 - 47.30.865; 29 and 30 (2) if a minor, the rights identified in AS 47.30.700 - 47.30.865. 31 (c) A respondent subject to an involuntary stabilization hold or detention at a
01 crisis stabilization center or crisis residential center may, at any time, convert to 02 voluntary status if the professional person in charge agrees that 03 (1) the respondent is an appropriate patient for voluntary status; and 04 (2) the conversion is made in good faith. 05 (d) A crisis stabilization center or crisis residential center may administer 06 psychotropic medication to an involuntarily held or detained respondent only in a 07 manner that is consistent with AS 47.30.838. 08 (e) Computation of a 23-hour and 59-minute holding time at a crisis 09 stabilization center includes Saturdays, Sundays, and legal holidays, but does not 10 include any period of time necessary to transport a respondent to a crisis stabilization 11 center. Computation of a seven-day detention at a crisis residential center includes 12 Saturdays, Sundays, and legal holidays, but does not include any period of time 13 necessary to transport a respondent to a crisis residential center. 14 * Sec. 17. AS 47.30.710 is amended to read: 15 Sec. 47.30.710. Examination; hospitalization. (a) A respondent who is 16 delivered under AS 47.30.700 - 47.30.705 to an evaluation facility [, EXCEPT FOR 17 DELIVERY TO A CRISIS STABILIZATION CENTER AS DEFINED IN 18 AS 47.32.900,] for emergency examination and treatment shall be examined and 19 evaluated as to mental and physical condition by a mental health professional and by a 20 physician within 24 hours after arrival at the facility. [A RESPONDENT WHO IS 21 DELIVERED UNDER AS 47.30.705 TO A CRISIS STABILIZATION CENTER 22 SHALL BE EXAMINED BY A MENTAL HEALTH PROFESSIONAL AS 23 DEFINED IN AS 47.30.915 WITHIN THREE HOURS AFTER ARRIVING AT THE 24 CENTER.] 25 (b) If the mental health professional who performs the emergency examination 26 under (a) of this section has reason to believe that the respondent is [(1)] mentally ill 27 and that condition causes the respondent to be gravely disabled or to present a 28 likelihood of serious harm to self or others, and the respondent [(2)] is in need of care 29 or treatment, the mental health professional may 30 (1) admit the respondent to a crisis residential center; 31 (2) hospitalize the respondent; [,] or
01 (3) arrange for hospitalization, on an emergency basis [. IF A 02 JUDICIAL ORDER HAS NOT BEEN OBTAINED UNDER AS 47.30.700, THE 03 MENTAL HEALTH PROFESSIONAL SHALL APPLY FOR AN EX PARTE 04 ORDER AUTHORIZING HOSPITALIZATION FOR EVALUATION]. 05 * Sec. 18. AS 47.30.710 is amended by adding new subsections to read: 06 (c) If a mental health professional hospitalizes a respondent or arranges for the 07 hospitalization of a respondent under (b) of this section and a judicial order has not 08 been obtained under AS 47.30.700, the mental health professional shall apply for an 09 ex parte order authorizing the hospitalization for evaluation. 10 (d) If a mental health professional readmits a respondent to an evaluation 11 facility after a discharge from a subacute mental health facility, the respondent is not 12 willing to remain at the evaluation facility on a voluntary basis, and a judicial order 13 has not been obtained under AS 47.30.700, the mental health professional shall apply 14 for an ex parte order authorizing hospitalization for evaluation. Unless otherwise 15 ordered by the court upon receiving the application for an ex parte order, the 16 respondent shall remain at the evaluation facility until the court issues a decision on 17 the application of an ex parte order. 18 * Sec. 19. AS 47.30.715 is amended to read: 19 Sec. 47.30.715. Procedure after order. When an evaluation [A] facility 20 receives a proper order for evaluation, it shall accept the order and the respondent for 21 an evaluation period not to exceed 72 hours. The evaluation facility shall promptly 22 notify the court of the date and time of the respondent's arrival. The court shall set a 23 date, time, and place for a 30-day commitment hearing, to be held if needed within 72 24 hours after the respondent's arrival, and the court shall notify the evaluation facility, 25 the respondent, the respondent's guardian, if any, the respondent's attorney, [AND] 26 the petitioner's [PROSECUTING] attorney, if any, and the attorney general of the 27 time and place of the hearing [ARRANGEMENTS]. Evaluation personnel, when 28 used, shall similarly notify the court of the date and time when they first met with the 29 respondent. 30 * Sec. 20. AS 47.30.805 is amended to read: 31 Sec. 47.30.805. Computation, extension, and expiration of periods of time.
01 (a) Except as provided in (b) of this section, 02 (1) computations of a 72-hour evaluation period under AS 47.30.708 03 or 47.30.715 [AS 47.30.715] or a 48-hour detention period under AS 47.30.685 do not 04 include Saturdays, Sundays, legal holidays, or any period of time necessary to 05 transport the respondent to the treatment facility, except that if the exclusion of 06 Saturdays, Sundays, and legal holidays from the computation of a 72-hour 07 evaluation period or 48-hour detention period would result in the respondent 08 being held for longer than 72 hours or 48 hours, as applicable, the period ends at 09 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday; 10 (2) a seven-day detention at a crisis residential center expires at 11 the end of the seventh day following the respondent's arrival at the crisis 12 stabilization center or the crisis residential center, whichever is earlier; 13 (3) a 30-day commitment period expires at the end of the 30th day 14 after the 72 hours following initial acceptance; 15 (4) [(3)] a 90-day commitment period expires at the end of the 90th 16 day after the expiration of a 30-day period of treatment; 17 (5) [(4)] a 180-day commitment period expires at the end of the 180th 18 day, after the expiration of a 90-day period of treatment or previous 180-day period, 19 whichever is applicable. 20 (b) When a respondent has failed to appear or been absent through the 21 respondent's own actions contrary to any order properly made or entered under 22 AS 47.30.660 - 47.30.915, the relevant commitment period shall be extended for a 23 period of time equal to the respondent's absence if written notice of absence is 24 promptly provided to the respondent's attorney and guardian, if any [THERE IS 25 ONE], and if, within 24 hours after the respondent has returned to the evaluation or 26 treatment facility, written notice of the corresponding extension and the reason for it is 27 given to the respondent and the respondent's attorney and guardian, if any, and to the 28 court. 29 * Sec. 21. AS 47.30.836 is amended by adding a new subsection to read: 30 (b) Before administering psychotropic medication to a minor patient under this 31 section, a mental health professional shall consult with a parent or guardian of the
01 minor, evaluate the minor for drug withdrawal and medical psychosis caused by 02 currently prescribed drugs or self-medication, and review all available information 03 regarding the minor's family history, diet, medications, and other contributing factors. 04 * Sec. 22. AS 47.30.838(c) is amended to read: 05 (c) If crisis situations as described in (a)(1) of this section occur repeatedly, or 06 if it appears that they may occur repeatedly, the evaluation facility, crisis stabilization 07 center, crisis residential center, or designated treatment facility may administer 08 psychotropic medication during not [NO] more than three crisis periods without the 09 patient's informed consent only with court approval under AS 47.30.839. 10 * Sec. 23. AS 47.30.838 is amended by adding a new subsection to read: 11 (e) Before determining whether a minor patient should be given psychotropic 12 medication under this section, a mental health professional shall, to the extent time and 13 the nature of the crisis permit, consult with a parent or guardian of the minor, evaluate 14 the minor for drug withdrawal and medical psychosis caused by currently prescribed 15 drugs or self-medication, and review all available information regarding the minor's 16 family history, diet, medications, and other possibly relevant factors. 17 * Sec. 24. AS 47.30.839(b) is amended to read: 18 (b) An evaluation facility or designated treatment facility may seek court 19 approval for administration of psychotropic medication to a patient by filing a petition 20 with the court, requesting a hearing on the capacity of the person to give informed 21 consent and on the proposed use of psychotropic medication. The petition shall 22 provide specific information regarding the factors listed in AS 47.30.837(d)(2)(A) 23 - (E). 24 * Sec. 25. AS 47.30.839(g) is amended to read: 25 (g) If the court determines by clear and convincing evidence that the patient 26 is not competent to provide informed consent and [, BY CLEAR AND 27 CONVINCING EVIDENCE,] was not competent to provide informed consent at the 28 time of previously expressed wishes documented under (d)(2) of this section, that the 29 proposed use of medication is in the best interests of the patient considering at a 30 minimum the factors listed in AS 47.30.837(d)(2)(A) - (E), and that there is no 31 feasible less intrusive alternative, the court shall approve the facility's proposed use
01 of psychotropic medication. The court's approval under this subsection applies to the 02 patient's initial period of commitment if the decision is made during that time period. 03 If the decision is made during a period for which the initial commitment has been 04 extended, the court's approval under this subsection applies to the period for which 05 commitment is extended. 06 * Sec. 26. AS 47.30.840(a) is amended to read: 07 (a) A person undergoing evaluation or treatment under AS 47.30.660 - 08 47.30.915 09 (1) may not be photographed without the person's consent and that of 10 the person's guardian if a minor, except that the person may be photographed upon 11 admission to a facility for identification and for administrative purposes of the facility; 12 all photographs shall be confidential and may only be released by the facility to the 13 patient or the patient's designee unless a court orders otherwise; 14 (2) at the time of admission to an evaluation or treatment facility, shall 15 have reasonable precautions taken by the staff to inventory and safeguard the patient's 16 personal property; a copy of the inventory signed by the staff member making it shall 17 be given to the patient and made available to the patient's attorney and any other 18 person authorized by the patient to inspect the document; 19 (3) shall have access to an individual storage space for the patient's 20 private use while undergoing evaluation or treatment; 21 (4) shall be permitted to wear personal clothing, to keep and use 22 personal possessions including toilet articles if they are not considered unsafe for the 23 patient or other patients who might have access to them, and to keep and be allowed to 24 spend a reasonable sum of the patient's own money for the patient's needs and 25 comfort; 26 (5) shall be allowed to have visitors at reasonable times; 27 (6) shall have ready access to letter writing materials, including 28 stamps, and have the right to send and receive unopened mail; 29 (7) shall have reasonable access to a telephone, both to make and 30 receive confidential calls; 31 (8) has the right to be free of corporal punishment;
01 (9) has the right to reasonable opportunity for indoor and outdoor 02 exercise and recreation; 03 (10) has the right, at any time, to have a telephone conversation with or 04 be visited by an attorney; 05 (11) may not be retaliated against or subjected to any adverse change 06 of conditions or treatment solely because of assertion of rights under this section; 07 (12) who is a minor or an adult for whom a guardian has been 08 appointed may not be transferred from a crisis stabilization center, evaluation 09 facility, or treatment facility to a different crisis stabilization center, evaluation 10 facility, or treatment facility before the center or facility makes a good faith 11 attempt to notify the parent or guardian of the person, as applicable, of the 12 proposed transfer. 13 * Sec. 27. AS 47.30 is amended by adding a new section to read: 14 Sec. 47.30.912. Regulations. The department shall adopt regulations to 15 implement AS 47.30.700 - 47.30.915. 16 * Sec. 28. AS 47.30.915(7) is amended to read: 17 (7) "evaluation facility" means a hospital or crisis residential center 18 [HEALTH CARE FACILITY] that has been designated or is operated by the 19 department to perform the evaluations described in AS 47.30.660 - 47.30.915, or a 20 medical facility [LICENSED UNDER AS 47.32 OR] operated under 25 U.S.C. 5301 21 - 5423 (Indian Self-Determination and Education Assistance Act), as amended, 22 that performs evaluations [BY THE FEDERAL GOVERNMENT]; 23 * Sec. 29. AS 47.30.915(9) is amended to read: 24 (9) "gravely disabled" means a condition in which a person as a result 25 of mental illness 26 (A) is in danger of physical harm arising from such complete 27 neglect of basic needs for food, clothing, shelter, or personal safety as to render 28 serious accident, illness, or death highly probable if care by another is not 29 taken; or 30 (B) is so incapacitated that the person is incapable of 31 surviving safely in freedom [WILL, IF NOT TREATED, SUFFER OR
01 CONTINUE TO SUFFER SEVERE AND ABNORMAL MENTAL, 02 EMOTIONAL, OR PHYSICAL DISTRESS, AND THIS DISTRESS IS 03 ASSOCIATED WITH SIGNIFICANT IMPAIRMENT OF JUDGMENT, 04 REASON, OR BEHAVIOR CAUSING A SUBSTANTIAL 05 DETERIORATION OF THE PERSON'S PREVIOUS ABILITY TO 06 FUNCTION INDEPENDENTLY]; 07 * Sec. 30. AS 47.30.915(15) is amended to read: 08 (15) "peace officer" has the meaning given in AS 01.10.060(a) 09 [INCLUDES A STATE POLICE OFFICER, MUNICIPAL OR OTHER LOCAL 10 POLICE OFFICER, STATE, MUNICIPAL, OR OTHER LOCAL HEALTH 11 OFFICER, PUBLIC HEALTH NURSE, UNITED STATES MARSHAL OR 12 DEPUTY UNITED STATES MARSHAL, OR A PERSON AUTHORIZED BY THE 13 COURT]; 14 * Sec. 31. AS 47.30.915 is amended by adding new paragraphs to read: 15 (21) "crisis residential center" has the meaning given in AS 47.32.900; 16 (22) "crisis stabilization center" has the meaning given in 17 AS 47.32.900; 18 (23) "health officer" means a federally certified health care provider, 19 public health nurse, emergency medical technician, paramedic, firefighter, or a person 20 authorized by the court to carry out AS 47.30.660 - 47.30.915; 21 (24) "subacute mental health facility" has the meaning given in 22 AS 47.32.900. 23 * Sec. 32. AS 47.32.010(b), as repealed and reenacted by sec. 79 of Executive Order 121, is 24 amended to read: 25 (b) The following entities are subject to this chapter and regulations adopted 26 under this chapter by the Department of Health: 27 (1) ambulatory surgical centers; 28 (2) assisted living homes; 29 (3) child care facilities; 30 (4) freestanding birth centers; 31 (5) home health agencies;
01 (6) hospices, or agencies providing hospice services or operating 02 hospice programs; 03 (7) hospitals; 04 (8) intermediate care facilities for individuals with an intellectual 05 disability or related condition; 06 (9) maternity homes; 07 (10) nursing facilities; 08 (11) residential child care facilities; 09 (12) residential psychiatric treatment centers; 10 (13) rural health clinics; 11 (14) subacute mental health facilities [CRISIS STABILIZATION 12 CENTERS]. 13 * Sec. 33. AS 47.32.900 is amended by adding a new paragraph to read: 14 (23) "subacute mental health facility" means a facility, or a part or unit 15 of a facility, that has been designed to evaluate, stabilize, and treat, on a short-term, 16 intensive, and recovery-oriented basis, and without the use of hospitalization, 17 individuals experiencing an acute behavioral health crisis, including a crisis 18 stabilization center and a crisis residential center; in this paragraph, 19 (A) "crisis residential center" means a subacute mental health 20 facility that has a maximum stay of seven days for an involuntary admission; 21 (B) "crisis stabilization center" means a subacute mental health 22 facility that has a maximum stay of 23 hours and 59 minutes. 23 * Sec. 34. AS 47.32.900(5) is repealed. 24 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 INDIRECT COURT RULE AMENDMENT. AS 47.30.708(d), enacted by sec. 16 of 27 this Act, and AS 47.30.805(a)(1), as amended by sec. 20 of this Act, have the effect of 28 changing Rule 6(a), Alaska Rules of Civil Procedure, by changing the procedure for 29 computing time in certain cases. 30 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 REPORT TO THE LEGISLATURE. (a) One year after the effective date of secs. 1 - 02 37 and 39 of this Act, the Department of Health, the Department of Family and Community 03 Services, and the Alaska Mental Health Trust Authority shall submit a joint report to the 04 senate secretary and chief clerk of the house of representatives, notify the legislature that the 05 report is available, and make the report available to the public. The report must 06 (1) include an assessment of the current state, federal, and accrediting body 07 requirements for psychiatric patient rights, including patient grievance and appeal policies and 08 procedures; the assessment must address the adequacy of these policies and procedures and 09 the practical challenges patients face in availing themselves of these rights; 10 (2) identify and recommend any additional changes to state statutes, 11 regulations, or other requirements that could improve patient outcomes and enhance patient 12 rights, including items that could be added to AS 47.30.825, particularly involving 13 involuntary admissions, involuntary medications, and the practical ability of patients to avail 14 themselves of their rights; 15 (3) assess and recommend any needed changes to current processes for data 16 collection and reporting of patient grievances and appeals, patient reports of harm and 17 restraint, and the resolution of these matters and provide recommendations for making this 18 information available to the public; and 19 (4) identify methods for collecting and making available to the legislature and 20 the general public statistics recording 21 (A) the number, type, and cause of patient and staff injuries; 22 (B) the number, type, and resolution of patient and staff complaints; 23 and 24 (C) the number, type, and cause of traumatic events experienced by a 25 patient; in this subparagraph, "traumatic event" means being administered medication 26 involuntarily or being placed in isolation or physical restraint of any kind. 27 (b) The process used by the Department of Health, the Department of Family and 28 Community Services, and the Alaska Mental Health Trust Authority to develop the 29 assessment and recommendations under (a) of this section must include convening a diverse 30 stakeholder group that includes members representing patients with lived experience, patient 31 advocates, the Disability Law Center of Alaska, providers of psychiatric services, the
01 ombudsman, the Alaska Mental Health Board, the Department of Health, the Department of 02 Family and Community Services, and the Alaska Mental Health Trust Authority. A draft 03 assessment and any recommendations must be made available for public comment, and any 04 comments must be given due consideration before the production and transmittal of the final 05 report. 06 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 TRANSITION: LICENSING. Notwithstanding AS 47.32.010(b), as amended by sec. 09 32 of this Act, the Department of Health shall consider a valid non-expired license issued 10 before the effective date of sec. 32 of this Act to a facility identified as a crisis stabilization 11 center as a license for a subacute mental health facility until that license is renewed, 12 suspended, or revoked. 13 * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: REGULATIONS. The Department of Health and Social Services, the 16 Department of Health, or the Department of Family and Community Services, as applicable, 17 may adopt regulations to implement this Act. The regulations take effect under AS 44.62 18 (Administrative Procedure Act) but not before the effective date of the law implemented by 19 the regulation. 20 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 CONDITIONAL EFFECT. AS 47.30.708(d), enacted by sec. 16 of this Act, and 23 AS 47.30.805(a)(1), as amended by sec. 20 of this Act, take effect only if secs. 16 and 20 of 24 this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 25 Constitution of the State of Alaska. 26 * Sec. 40. Section 38 of this Act takes effect immediately under AS 01.10.070(c).