Legislature(2001 - 2002)

04/25/2002 03:03 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 302 - DEFINITION OF MENTAL HEALTH PROFESSIONAL                                                                             
                                                                                                                                
CHAIR DYSON announced  that the first order of  business would be                                                               
CS  FOR SENATE  BILL  NO.  302(JUD), "An  Act  defining the  term                                                               
'mental  health   professional'  for  the  purpose   of  statutes                                                               
relating   to  the   evaluation   of  prisoners   who  may   need                                                               
psychological  or  psychiatric  treatment,  for  the  purpose  of                                                               
statutes relating  to the evaluation  of children in need  of aid                                                               
and delinquent  minors who may  need to  be confined in  a secure                                                               
residential  psychiatric  treatment  center   or  who  should  be                                                               
released  from  such  a  center,  for  the  purpose  of  statutes                                                               
requiring certain professionals to  report the possibility that a                                                               
vulnerable  adult  has been  abused  or  neglected, and  for  the                                                               
purpose   of   statutes   relating   to   mental   health   civil                                                               
commitments."                                                                                                                   
                                                                                                                                
The committee took an at-ease from 3:05 p.m. to 3:06 p.m.                                                                       
                                                                                                                                
Number 0052                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON  made  a  motion  to  adopt  the  proposed                                                               
committee  substitute  (CS)  for  SB  302,  version  22-LS1410\O,                                                               
Lauterbach, 4/23/02, as a work  draft.  There being no objection,                                                               
Version O was before the committee.                                                                                             
                                                                                                                                
SENATOR   GARY  WILKEN,   Alaska   State  Legislature,   sponsor,                                                               
explained  the changes  in  the CS.   The  House  CS deleted  the                                                               
following:     "(C)  has  submitted   an  application   form  and                                                               
application  fee  for   licensure  by  a  board   named  in  this                                                               
paragraph;" which  in the original bill  is page 2, lines  14 and                                                               
15.                                                                                                                             
                                                                                                                                
Number 0127                                                                                                                     
                                                                                                                                
SENATOR WILKEN read the following sponsor statement:                                                                            
                                                                                                                                
     Committee  Substitute for  Senate  Bill 302  recognizes                                                                    
     the  growth in  the clinical  mental health  profession                                                                    
     and   broadens   the   "mental   health   professional"                                                                    
     definition to  include (1)  a licensed  clinical social                                                                    
     worker, (2)  a licensed  marital and  family therapist,                                                                    
     and  (3)  a  licensed   professional  counselor.    The                                                                    
     current  Title  [47]  definition was  written  in  1981                                                                    
     prior  to passage  of  Alaska's licensing  requirements                                                                    
     governing these master level mental health clinicians.                                                                     
                                                                                                                                
SENATOR WILKEN referred the committee  to the handout, Comparison                                                               
Chart for  Mental Health  Disciplines covered under  SB 302.   He                                                               
explained   that  the   first  two   columns,  Psychologist   and                                                               
Psychiatrist Associate, are current  law; the next three columns,                                                               
the  Clinical Social  Worker, the  Marital and  Family Therapist,                                                               
and Licensed  Professional Counselor, are  added in SB 302  to do                                                               
the work  of the  first two  columns.   He continued  reading the                                                               
sponsor statement:                                                                                                              
                                                                                                                                
     A more inclusive  mental health professional definition                                                                    
     increases  the  capacity   of  Alaska's  mental  health                                                                    
     system  to  protect  our  youth   and  adults  who  are                                                                    
     experiencing   acute   psychiatric    crisis   in   our                                                                    
     communities.     Today,   not   enough  mental   health                                                                    
     professionals   are   authorized  under   the   current                                                                    
     definition to  respond to  some critical  public safety                                                                    
     situations,  particularly in  rural  Alaska.   And  yet                                                                    
     there are  hundreds of  licensed professionals  who are                                                                    
     qualified to  aid these Alaskans,  but cannot,  as they                                                                    
     do  not fall  under the  current statutory  definition.                                                                    
     Senate  Bill 302  recognizes this  problem and  updates                                                                    
     the Title 47 definition.                                                                                                   
                                                                                                                                
     The expanded  "mental health  professional" definition,                                                                    
     as stated in  Senate Bill 302, increases  the number of                                                                    
     trained  professionals  who will  be:    1) Allowed  to                                                                    
     provide  mental  health  treatment  for  prisoners;  2)                                                                    
     Authorized to  evaluate children and minors  in custody                                                                    
     to   determine  placement   in  residential   treatment                                                                    
     centers;  3) Required  to report  incidents of  harm to                                                                    
     vulnerable   adults;  4)   Allowed  to   conduct  civil                                                                    
     commitment evaluations.                                                                                                    
                                                                                                                                
SENATOR WILKEN commended the bill to the committee.                                                                             
                                                                                                                                
Number 0313                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL  asked  whether  the  federal  government                                                               
employees would  have to  be licensed  in the  state the  same as                                                               
physicians and psychiatrists.                                                                                                   
                                                                                                                                
Number 0350                                                                                                                     
                                                                                                                                
ANNE  HENRY,   Special  Projects  Coordinator,   Central  Office,                                                               
Division   of  Mental   Health   &  Developmental   Disabilities,                                                               
Department of Health  & Social Services, came  forward to respond                                                               
to questions.   In response to Representative  Coghill, Ms. Henry                                                               
recalled that  the bill allows  for people who are  working under                                                               
contract with  the federal government  to not be licensed  in the                                                               
state  because they  travel around  from  place to  place in  the                                                               
military or something like that.                                                                                                
                                                                                                                                
Number 0378                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL asked  Ms. Henry if those  people would be                                                               
able to do the civil commitments under this law.                                                                                
                                                                                                                                
MS. HENRY  answered that they would  be allowed to do  that as an                                                               
emergency services employee in a community mental health center.                                                                
                                                                                                                                
REPRESENTATIVE  COGHILL  wondered  if  those  people  would  have                                                               
comparable  qualifications or  is  there reason  to believe  that                                                               
there would be people without those qualifications.                                                                             
                                                                                                                                
MS. HENRY responded  that a psychiatrist or  medical doctor would                                                               
qualify.                                                                                                                        
                                                                                                                                
The committee took an at-ease from 3:12 p.m. to 3:13 p.m.                                                                       
                                                                                                                                
CHAIR DYSON  commented that in  addition to qualifying  people to                                                               
provide  these other  services, a  number of  insurance companies                                                               
don't allow third party payments  unless the person has a license                                                               
that is  recognized by the  State.   Some of the  folks providing                                                               
these services will  get additional access to  third party payers                                                               
as a result of this action.                                                                                                     
                                                                                                                                
MS. HENRY  responded that  the only  licensed profession  that is                                                               
not  recognized  by  insurance  companies at  this  time  is  the                                                               
licensed  professional counselors.   She  said her  understanding                                                               
was  that they  had  to  go through  the  legislature to  receive                                                               
parity for that, and this would not be the same thing.                                                                          
                                                                                                                                
REPRESENTATIVE  JOULE moved  to  report the  proposed  CS out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL said  he had  another question  before he                                                               
was ready to vote on the  bill.  He reiterated his question about                                                               
the qualifications of the federal government employee.                                                                          
                                                                                                                                
Number 0750                                                                                                                     
                                                                                                                                
STACIE   KRALY,  Assistant   Attorney  General,   Human  Services                                                               
Section,  Civil Division  (Juneau), Department  of Law,  answered                                                               
that she  understands that  the way  the legislation  is drafted,                                                               
the federal employee provision only  applies to a psychiatrist or                                                               
a  physician, and  they would  have  to have  the same  licensure                                                               
requirements  as a  physician  or psychiatrist  in  the State  of                                                               
Alaska.  It would not  apply to the additional individuals listed                                                               
in the statute and the ones this bill would now include.                                                                        
                                                                                                                                
CHAIR DYSON asked if there was  any objection to moving the bill.                                                               
There being no  objection, HCS CSSB 302(HES) was  reported out of                                                               
the  House   Health,  Education  and  Social   Services  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                

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