00                      CS FOR SENATE BILL NO. 231(HSS)                                                                   
01 "An Act relating to the rights of minors undergoing evaluation or inpatient treatment at                                
02 treatment facilities; relating to the use of seclusion or restraint of minors at treatment                              
03 facilities; relating to a report published by the Department of Health; relating to                                     
04 inspections by the Department of Health of certain treatment facilities; and providing                                  
05 for an effective date."                                                                                                 
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 47.30 is amended by adding a new section to read:                                                  
08            Sec. 47.30.843. Minors undergoing inpatient mental health evaluation and                                   
09       treatment. A minor undergoing evaluation or inpatient treatment at a treatment                                  
10 facility has the right, unless it is otherwise prohibited by law or court order or                                      
11 considered therapeutically unadvisable by an overseeing physician, to have                                              
12 confidential telephone or video communication each week for at least one cumulative                                     
13 hour over not more than four occasions with the minor's parent or legal guardian or                                     

01 other adult approved by an overseeing physician. The treatment facility shall facilitate                                
02 the communication. In this section, "treatment facility" means a hospital, clinic,                                      
03 institution, center, or other health care facility licensed to provide inpatient mental                                 
04       health evaluation or treatment to minors.                                                                         
05    * Sec. 2. AS 47.32.030 is amended by adding a new subsection to read:                                              
06 (e)  The Department of Health shall annually publish a report on the                                                    
07 department's Internet website on the uses of seclusion and restraint reported under                                     
08 AS 47.32.200(g). The report must include the aggregate total of the uses of seclusion                                   
09 or restraint at each treatment facility in which minors undergo evaluation or inpatient                                 
10       treatment.                                                                                                        
11    * Sec. 3. AS 47.32.110(c) is amended to read:                                                                      
12 (c)  Upon petition of the department with licensing authority for the entity                                            
13 under AS 47.32.010 and after a hearing held upon reasonable notice to the entity, the                                   
14 court shall issue an order to an officer or employee of that department authorizing the                                 
15 officer or employee to enter for any of the purposes described in (a) or (d) of this                                
16       section.                                                                                                          
17    * Sec. 4. AS 47.32.110 is amended by adding a new subsection to read:                                              
18 (d)  A designated agent or employee of the Department of Health shall                                                   
19 conduct, at least twice each year, an unannounced inspection of each treatment facility                                 
20 in which minors undergo evaluation or inpatient treatment and in which a minor has                                      
21 spent more than three nights in the preceding year. In conducting an inspection under                                   
22 this subsection, the Department of Health shall interview at least 50 percent of the                                    
23 minor patients of the treatment facility. Staff of the treatment facility may not be                                    
24       present during an interview conducted under this subsection.                                                      
25    * Sec. 5. AS 47.32.200 is amended by adding a new subsection to read:                                              
26 (g)  A treatment facility shall notify the Department of Health in writing of                                           
27 each use of seclusion or restraint, including the use of a chemical, mechanical, or                                     
28 physical restraint, on a minor. The treatment facility shall notify the Department of                                   
29 Health and the parent or guardian of the minor not later than one business day after the                                
30       use of seclusion or restraint.                                                                                    
31    * Sec. 6. AS 47.32.900 is amended by adding a new paragraph to read:                                               

01                 (22)  "treatment facility" means a hospital, clinic, institution, center, or                            
02       other health care facility licensed to provide inpatient mental health evaluation or                              
03       treatment to minors.                                                                                              
04    * Sec. 7. This Act takes effect July 1, 2024.