Legislature(2021 - 2022)
2022-05-16 Senate Journal
Full Journal pdf2022-05-16 Senate Journal Page 2778 HB 172 CS FOR HOUSE BILL NO. 172(FIN) am "An Act relating to crisis stabilization centers, crisis residential centers, and subacute mental health facilities; relating to representation by an attorney; 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" was read the second time. Senator Bishop, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2757. Senator Begich objected, then withdrew his objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 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" was adopted. Senator Reinbold offered Amendment No. 1 : 2022-05-16 Senate Journal Page 2779 Page 7, line 3, following "professional": Insert "who is a psychiatrist or physician licensed to practice in the state or employed by the federal government, or a clinical psychologist licensed by the Board of Psychologist and Psychological Associate Examiners," Senator Reinbold moved for the adoption of Amendment No. 1. Senator Wilson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 172(FIN) Second Reading Amendment No. 1? YEAS: 3 NAYS: 14 EXCUSED: 0 ABSENT: 3 Yeas: Costello, Olson, Reinbold Nays: Begich, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Revak, Stevens, von Imhof, Wielechowski, Wilson Absent: Bishop, Shower, Stedman and so, Amendment No. 1 failed. Senator Reinbold offered Amendment No. 2 : Page 5, line 9, following "from": Insert "serious" Page 6, line 14, following "a": Insert "serious" Page 6, line 22, following "a": Insert "serious" Page 7, line 7, following "a": Insert "serious" 2022-05-16 Senate Journal Page 2780 Page 7, line 16, following "a": Insert "serious" Page 10, line 26, following "is": Insert "seriously" Senator Reinbold moved for the adoption of Amendment No. 2. Senator Wilson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 172(FIN) Second Reading Amendment No. 2? YEAS: 3 NAYS: 14 EXCUSED: 0 ABSENT: 3 Yeas: Costello, Reinbold, Wielechowski Nays: Begich, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Olson, Revak, Stevens, von Imhof, Wilson Absent: Bishop, Shower, Stedman and so, Amendment No. 2 failed. Senator Reinbold offered Amendment No. 3 : Page 6, lines 10 - 11: Delete "A mental health professional" Insert "A psychiatrist or physician who is licensed to practice in this state or employed by the federal government, or a clinical psychologist licensed by the Board of Psychologist and Psychological Associate Examiners" Senator Reinbold moved for the adoption of Amendment No. 3. Senator Wilson objected. 2022-05-16 Senate Journal Page 2781 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 172(FIN) Second Reading Amendment No. 3? YEAS: 2 NAYS: 15 EXCUSED: 0 ABSENT: 3 Yeas: Costello, Reinbold Nays: Begich, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Olson, Revak, Stevens, von Imhof, Wielechowski, Wilson Absent: Bishop, Shower, Stedman and so, Amendment No. 3 failed. Senator Reinbold offered Amendment No. 4 : Page 6, line 13: Delete "the professional person in charge" Insert "a psychiatrist or physician who is licensed to practice in this state or employed by the federal government, or a clinical psychologist licensed by the Board of Psychologist and Psychological Associate Examiners" Senator Reinbold moved for the adoption of Amendment No. 4. Senator Wilson objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSHB 172(FIN) Second Reading Amendment No. 4? YEAS: 2 NAYS: 14 EXCUSED: 0 ABSENT: 4 2022-05-16 Senate Journal Page 2782 Yeas: Costello, Reinbold Nays: Begich, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Revak, Stevens, von Imhof, Wielechowski, Wilson Absent: Bishop, Olson, Shower, Stedman and so, Amendment No. 4 failed. Senator Reinbold offered Amendment No. 5 : Page 9, line 28: Delete "AS 47.30.817 - 47.30.865" Insert "AS 47.30.680, 47.30.685, and 47.30.817 - 47.30.865, the right to request an outside medical opinion from a practitioner of the respondent's choosing who is a psychiatrist or physician licensed to practice in this state or employed by the federal government, or a clinical psychologist licensed by the state Board of Psychologist and Psychological Associate Examiners, and the right to transfer to another crisis stabilization center, crisis residential center, evaluation facility, or treatment facility of the respondent's choosing" Senator Reinbold moved for the adoption of Amendment No. 5. Senator Wilson objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 172(FIN) Second Reading Amendment No. 5? YEAS: 4 NAYS: 12 EXCUSED: 0 ABSENT: 4 Yeas: Gray-Jackson, Micciche, Olson, Reinbold Nays: Begich, Costello, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Myers, Stevens, von Imhof, Wielechowski, Wilson Absent: Bishop, Revak, Shower, Stedman 2022-05-16 Senate Journal Page 2783 and so, Amendment No. 5 failed. Senator Reinbold offered Amendment No. 6 : Page 5, line 15, following "facility": Insert ", or the crisis stabilization center, crisis residential center, evaluation facility, or treatment facility that is requested by the person or the person's parent or guardian" Senator Reinbold moved for the adoption of Amendment No. 6. Senator Wilson objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 172(FIN) Second Reading Amendment No. 6? YEAS: 2 NAYS: 16 EXCUSED: 0 ABSENT: 2 Yeas: Costello, Reinbold Nays: Begich, Bishop, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Olson, Revak, Stedman, Stevens, Wielechowski, Wilson Absent: Shower, von Imhof and so, Amendment No. 6 failed. Senator Reinbold offered Amendment No. 7 : Page 5, line 3: Delete "health officer," Page 5, line 13: Delete "or health officer" Page 5, line 20: Delete "health officer," 2022-05-16 Senate Journal Page 2784 Page 5, line 27: Delete "or health officer" Page 5, line 28: Delete "or health officer" Page 16, lines 18 - 20: Delete all material. Renumber the following paragraph accordingly. Senator Reinbold moved for the adoption of Amendment No. 7. Senator Wilson objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SCS CSHB 172(FIN) Second Reading Amendment No. 7? YEAS: 1 NAYS: 17 EXCUSED: 0 ABSENT: 2 Yeas: Reinbold Nays: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Olson, Revak, Stedman, Stevens, Wielechowski, Wilson Absent: Shower, von Imhof and so, Amendment No. 7 failed. Senator Reinbold offered Amendment No. 8 : Page 16, line 18, following "means": Insert ", for a member of a tribe," Senator Reinbold moved for the adoption of Amendment No. 8. Senator Wilson objected. 2022-05-16 Senate Journal Page 2785 The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: SCS CSHB 172(FIN) Second Reading Amendment No. 8? YEAS: 1 NAYS: 17 EXCUSED: 0 ABSENT: 2 Yeas: Reinbold Nays: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Olson, Revak, Stedman, Stevens, Wielechowski, Wilson Absent: Shower, von Imhof and so, Amendment No. 8 failed. Senator Reinbold offered Amendment No. 9 : Page 5, lines 2 - 23: Delete all material. Renumber the following bill sections accordingly. Page 5, lines 25 - 26: Delete "crisis residential center," Page 5, line 27: Delete "or health officer" Page 5, lines 27 - 28: Delete "or crisis residential center" Page 5, line 28: Delete "or health officer" Page 5, line 29: Delete "crisis residential center," 2022-05-16 Senate Journal Page 2786 Page 16, lines 18 - 20: Delete all material. Renumber the following paragraph accordingly. Page 17, line 26: Delete "sec. 16" Insert "sec. 15" Page 17, line 27: Delete "sec. 20" Insert "sec. 19" Page 18, lines 1 - 2: Delete "secs. 1 - 37 and 39" Insert "secs. 1 - 36 and 38" Page 19, lines 8 - 9: Delete "sec. 32" Insert "sec. 31" Page 19, line 10: Delete "sec. 32" Insert "sec. 31" Page 19, line 22: Delete "sec. 16" Insert "sec. 15" Page 19, line 23: Delete "sec. 20" Insert "sec. 19" Delete "secs. 16 and 20" Insert "secs. 15 and 19" Page 19, line 26: Delete "Section 38" Insert "Section 37" 2022-05-16 Senate Journal Page 2787 Senator Reinbold moved for the adoption of Amendment No. 9. Senator Wilson objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: SCS CSHB 172(FIN) Second Reading Amendment No. 9? YEAS: 1 NAYS: 17 EXCUSED: 0 ABSENT: 2 Yeas: Reinbold Nays: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Olson, Revak, Stedman, Stevens, Wielechowski, Wilson Absent: Shower, von Imhof and so, Amendment No. 9 failed. Senator Hughes moved and asked unanimous consent the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 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" was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 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; 2022-05-16 Senate Journal Page 2788 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" pass the Senate?" The roll was taken with the following result: SCS CSHB 172(FIN) Third Reading - Final Passage Court Rule(s) Effective Date(s) YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Olson, Revak, Stedman, Stevens, von Imhof, Wielechowski, Wilson Nays: Reinbold Absent: Shower and so, SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) passed the Senate. Senator Hughes moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the court rule change(s). Without objection, it was so ordered. Senator Hughes moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the effective date clause(s). Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.