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