Legislature(2021 - 2022)BUTROVICH 205
03/15/2022 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB124 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 124 | TELECONFERENCED | |
| *+ | SB 211 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 15, 2022
1:33 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Shelley Hughes, Vice Chair
Senator Mia Costello
Senator Lora Reinbold
Senator Tom Begich
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 124
"An Act relating to admission to and detention at a subacute
mental health facility; establishing a definition for 'subacute
mental health facility'; establishing a definition for 'crisis
residential center'; relating to the definitions for 'crisis
stabilization center'; relating to the administration of
psychotropic medication in a crisis situation; relating to
licensed facilities; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 211
"An Act relating to the Alaska Police Standards Council;
relating to the Department of Public Safety; relating to the
duties of the attorney general; establishing the Missing and
Murdered Indigenous Women, Girls, and Two-Spirit Persons Review
Commission; requiring a report on investigative resources for
cases of missing and murdered indigenous women, girls, and two-
spirit persons; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 124
SHORT TITLE: MENTAL HEALTH FACILITIES & MEDS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
04/12/21 (S) READ THE FIRST TIME - REFERRALS
04/12/21 (S) HSS, FIN
04/27/21 (S) HSS AT 1:30 PM BUTROVICH 205
04/27/21 (S) Heard & Held
04/27/21 (S) MINUTE(HSS)
04/29/21 (S) HSS AT 1:30 PM BUTROVICH 205
04/29/21 (S) -- MEETING CANCELED --
05/04/21 (S) HSS AT 1:30 PM BUTROVICH 205
05/04/21 (S) Heard & Held
05/04/21 (S) MINUTE(HSS)
05/05/21 (S) JUD REFERRAL ADDED AFTER HSS
05/06/21 (S) HSS AT 1:30 PM BUTROVICH 205
05/06/21 (S) <Bill Hearing Canceled>
03/08/22 (S) HSS AT 1:30 PM BUTROVICH 205
03/08/22 (S) Heard & Held
03/08/22 (S) MINUTE(HSS)
03/15/22 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
HEATHER CARPENTER, Healthcare Policy Advisor
Office of the Commissioner
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Answered questions on SB 124.
RENEE MCFARLAND, Deputy Public Defender
Appellate Division
Alaska Public Defender Agency
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Answered questions on SB 124.
NANCY MEADE, General Counsel
Office of the Administrative Director
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Answered questions on SB 124.
STEVEN BOOKMAN, Senior Assistant Attorney General
Human Services Section
Civil Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions on SB 124.
ACTION NARRATIVE
1:33:17 PM
CHAIR DAVID WILSON called the Senate Health and Social Services
Standing Committee meeting to order at 1:33 p.m. Present at the
call to order were Senators Costello, Reinbold, Hughes, Begich,
and Chair Wilson.
SB 124-MENTAL HEALTH FACILITIES & MEDS
1:34:00 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 124
"An Act relating to admission to and detention at a subacute
mental health facility; establishing a definition for 'subacute
mental health facility'; establishing a definition for 'crisis
residential center'; relating to the definitions for 'crisis
stabilization center'; relating to the administration of
psychotropic medication in a crisis situation; relating to
licensed facilities; and providing for an effective date."
[SB 124 was previously heard on 4/27/21, 5/4/21, 5/6/21, and
3/8/22.]
1:35:59 PM
SENATOR REINBOLD referred to page 1, line 9, to paragraph (1),
which read, (1) the arresting officer believes in good faith
that the person is suffering from an acute behavioral health
crisis; and". She said that it sounds vague.
1:36:43 PM
At ease
1:37:28 PM
CHAIR WILSON reconvened the meeting. He recalled that
Commissioner Cockrell had testified that the Alaska State
Troopers (AST) and other law enforcement agencies provide mental
health or behavioral health training. He offered his view that
this provision means that the officer had training applicable to
this situation.
1:38:00 PM
HEATHER CARPENTER, Healthcare Policy Advisor, Office of the
Commissioner, Department of Health and Social Services (DHSS),
Juneau, Alaska, agreed that Commissioner Cockrell stated that
officers receive that training.
1:38:14 PM
SENATOR REINBOLD said this raises a major red flag in this bill.
She stated that the bill should have clear, measurable
identifiers. She asked her to identify the mental health
professional referred to in Section 4.
MS. CARPENTER reminded members that the first ten sections were
conforming edits, so the underlying statutes that were passed in
2020 were not changed. She indicated that a mental health
professional would be one at an evaluation facility as defined
in AS 47.30.915. She related that she previously provided
members with a "cheat sheet" for their reference. She read the
definition.
1:39:39 PM
At ease
1:42:55 PM
CHAIR WILSON reconvened the meeting and asked Senator Reinbold
to restate her question.
1:45:45 PM
SENATOR REINBOLD referred to page 2, line 12, and asked for the
definition of "mental health professional."
1:45:55 PM
MS. CARPENTER stated that the definition was in AS 47.30.915
(13), which is the definition section for the involuntary
commitment statutes. She read:
(13) "mental health professional" means a psychiatrist
or physician who is licensed by the State Medical
Board to practice in this state or is employed by the
federal government; a clinical psychologist licensed
by the state Board of Psychologist and Psychological
Associate Examiners; a psychological associate trained
in clinical psychology and licensed by the Board of
Psychologist and Psychological Associate Examiners; an
advanced practice registered nurse or a registered
nurse with a master's degree in psychiatric nursing,
licensed by the State Board of Nursing; a marital and
family therapist licensed by the Board of Marital and
Family Therapy; a professional counselor licensed by
the Board of Professional Counselors; a clinical
social worker licensed by the Board of Social Work
Examiners; and a person who
(A) has a master's degree in the field of mental
health;
(B) has at least 12 months of post-masters
working experience in the field of mental
illness; and
(C) is working under the supervision of a type of
licensee listed in this paragraph;
1:47:10 PM
SENATOR REINBOLD referred to page 3, lines 27-31, to language
being deleted from the bill. She read:
[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
STATE BOARD OF PSYCHOLOGIST AND PSYCHOLOGICAL
ASSOCIATE EXAMINERS]
SENATOR REINBOLD expressed concern that it seemed as though the
administration was watering down who was allowed to do this.
MS. CARPENTER offered her view that this was not watering it
down. All those eliminated individuals were listed in the
definition of "mental health professional." She said that
stating a "police officer" or "health officer" will streamline
it in statute and cross-reference it to the definition of a
"mental health professional."
1:48:26 PM
SENATOR REINBOLD asked if deleting the language was making the
definition broader, but she maintained her belief that it was
watering it down.
MS. CARPENTER said that the language is not deleted because
those types of professionals were found in the definition of "a
mental health professional." Instead of listing all provider
types, she said the overarching "mental health professional" was
used, and the definition included the professionals found in
that definition.
1:49:05 PM
SENATOR REINBOLD restated that it doesn't make sense to her why
those terms are being deleted. She said she did not want a
"health officer" making those decisions; that someone who is
trained and educated should do so.
1:50:11 PM
CHAIR WILSON stated that it might be helpful to discuss the
process for involuntary commitment.
1:50:32 PM
SENATOR HUGHES said she understood Senator Reinbold's concern
and wants to ensure the psychiatrist or highly trained people
are involved. She referred to the definition of "mental health
professional" and noted that psychiatrists, physicians, and
clinical psychologists are listed.
SENATOR REINBOLD said her question was directed to the
department.
1:51:16 PM
CHAIR WILSON noted that it might be helpful for members to know
that the professionals are not being removed from the process
but the terms are being deleted and redefined in the section Ms.
Carpenter just read.
1:51:35 PM
SENATOR COSTELLO wondered if a layperson would know to go to the
definition section of the statute to find the definitions
pertaining to the bill section. She asked if it might be better
to lay it out in statute and not worry about streamlining the
language. She related that the value of law-making is to make
the statutes very clear so the layperson can understand the
statute's intent.
MS. CARPENTER responded that the term "mental health
professional" is used extensively throughout these statutes.
Thus, when a provider or peace officer reviews the statute, the
same consistent term would be used throughout. She said the new
term "health officer" is used because public safety, physicians,
and the court use this part of the law. She explained that the
definition of "peace officer" didn't align with how "peace
officer" was used in the rest of the statutes. The change in
Version B was to split that definition so that "peace officer"
had the same meaning elsewhere in the statute. The department
also created the term "health officer" by adding an emergency
medical technician, paramedic, and firefighter, because of how
EMS and the Mobile Crisis teams will work.
1:55:42 PM
SENATOR BEGICH referred to page 2, line 12, and asked whether
"mental health professional" was in existing law.
MS. CARPENTER answered yes.
1:56:16 PM
SENATOR BEGICH asked whether the definition for "mental health
professional" was in existing statute.
MS. CARPENTER answered yes.
SENATOR BEGICH referred to page 3, lines 27-31, which read:
[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
STATE BOARD OF PSYCHOLOGIST AND PSYCHOLOGICAL
ASSOCIATE EXAMINERS]
SENATOR BEGICH asked whether that language was still included in
Section 11 of the bill.
MS. CARPENTER answered yes.
1:56:50 PM
SENATOR BEGICH related his understanding that additional
professionals fall under health officers, which clarifies what
was meant by the differing roles, with health officers taking on
some roles ascribed to peace officers. Thus, the bill would
ensure that the definitions include the professionals who take
on the roles.
MS. CARPENTER agreed.
1:57:23 PM
SENATOR BEGICH recalled that members made suggestions at the
last meeting, and the department responded. He said he was
satisfied with the department's responses, but he lacked clarity
on the resolution process.
MS. CARPENTER explained that she had been working with the
committee aide. She said she would provide the department
responses to Mr. Gottstein's suggested amendments to the
committee. She noted that the department was comfortable with
the suggested changes but made minor changes to the medication
suggestions, and Mr. Gottstein was satisfied with the changes.
She said Chair Wilson could decide how to proceed.
SENATOR BEGICH responded that she described the process he had
hoped would be taken.
CHAIR WILSON noted he shared some emails with members regarding
th
the questions related to the March 15letter.
1:59:02 PM
SENATOR HUGHES asked whether there is a statutory definition of
"health officer" or if it was added to the bill.
CHAIR WILSON responded that it was in the bill. He referred to
page 11, line 22, to the definition of "health officer."
1:59:29 PM
SENATOR REINBOLD paraphrased portions of Section 11, AS
47.30.705(a), inserting the definition of "health officer." She
said a health officer means a state, municipal, or other local
health officer, public health nurse, emergency medical
technician, paramedic, firefighter, or a person authorized by
the court who has probable cause to believe that a person is
suffering from mental illness may cause the person to be taken
into custody. She indicated that it was significant to her. She
asked whether all of these people had that authority.
MS. CARPENTER answered yes; all of the people in the definition
of "health officer," except for emergency medical technician,
paramedic, or firefighter currently have that authority under
the definition of "peace officer" in AS 47.30.915.
2:00:56 PM
SENATOR REINBOLD asked whether the bill creates new definitions
and facilities.
MS. CARPENTER responded that if this bill were to pass, it would
authorize these professionals to take individuals in an ex parte
hold for care at the crisis stabilization centers and crisis
residential center locations. She explained that these
professionals were already authorized to take people for
treatment at the Alaska Psychiatric Institute (API), one of the
three designated evaluation and treatment center hospitals. If
those facilities are unavailable, these individuals would be
taken to an emergency room or jail until they can be transported
to one of those facilities.
2:01:54 PM
SENATOR REINBOLD asked whether any new category of a patient can
be taken to one of the new facilities or if there is anything
different that can be done to these patients.
MS. CARPENTER answered that no new category of patient or
respondent could be taken into custody. She referred to the
language in Section 11, stating that "gravely disabled," is
defined in AS 47.30.915, the definition section.
2:02:29 PM
SENATOR REINBOLD referred to page 3, line 31, to the language
"who has probable cause or is or suffering from a mental
illness. She offered her view that probable cause was a very
low bar and more people were involved that could transport
people to facilities where a broad spectrum of things could be
done. She said she would like the record to reflect anyone new
involved in the process and anything new that could happen in
the new facilities.
MS. CARPENTER answered that the type of care provided would not
change, that it would be the care that the statutes currently
allow.
SENATOR REINBOLD related her understanding that the bill does
not allow any new diagnosis and no new people would be involved.
2:03:52 PM
MS. CARPENTER agreed she was correct. She referred to the
language she was reading in Section 11 that it is the probable
cause that a person is gravely disabled or suffering from a
mental illness and is likely to cause serious harm to self or
others. She read, "of such immediate nature that considerations
of safety do not allow initiation of involuntary commitment
procedures set out in AS 47.30.700, may cause the person to be
taken into custody...." She stated that this language causes a
person to be taken into custody.
2:04:21 PM
SENATOR REINBOLD asked if she was saying that nothing new will
happen in the crisis residential and crisis stabilization
centers.
MS. CARPENTER reiterated that there was nothing new that is not
allowed under current law. She stated that the bill would add a
provision that allows providers who can give crisis medication
today to do so at the crisis residential and crisis
stabilization centers. Thus, providers who currently give crisis
medication and meet the threshold could give medication to
patients at the new centers.
2:04:57 PM
CHAIR WILSON stated that this bill would allow additional
capacity to treat these individuals in a less acute setting.
MS. CARPENTER agreed, adding that it would also allow
individuals to obtain care much more quickly instead of being on
a waitlist to receive care.
CHAIR WILSON asked her to elaborate on the reason for the bill.
MS. CARPENTER responded that the Alaska Disability Law Center
sued the state because individuals in need of mental health care
had to wait in the Anchorage Correctional Facility until they
could receive treatment at API or one of the three designated
evaluation and treatment center facilities. She related that it
could be argued that their constitutional rights were being
harmed because the state could not get these patients into care
in a timely manner. One outcome of that settlement and the
ruling by Judge Morse was that the state would find locations to
perform the evaluations in other less restrictive areas. SB 124
established crisis residential centers for this reason.
2:06:06 PM
SENATOR REINBOLD asked for the status of API and who can
administer psychotropic medication.
MS. CARPENTER answered that physicians, advanced nurse
practitioners, and physician's assistants have the authority to
prescribe crisis medications.
SENATOR REINBOLD asked her to confirm that only those three
professions could administer crisis drugs and the types of drugs
that could be administered.
2:07:54 PM
CHAIR WILSON pointed out that there is a difference between
prescribing and administering medications. For example, a nurse
can administer a medication that is prescribed by a physician,
an advanced nurse practitioner, or a physician's assistant. He
clarified that an entity licensed to administer the medication
could do so if prescribed by one of the authorized medical
professionals.
2:08:39 PM
MS. CARPENTER explained that Senator Reinbold had asked a
similar question last April, and the department responded in
writing on the types of crisis medication. She said it would be
impossible to list all the drugs, but she provided different
categories. She pointed out that crisis medication was short-
term to address the immediate crisis. She said this does not
relate to long-term prescribed medication. She further noted
that patients normally must consent to and agree to
prescriptions. For example, patients at API must consent to
medications to control their high blood pressure, which will
remain the same.
2:09:38 PM
SENATOR REINBOLD related her understanding that no one would
administer psychotropic medication without informed consent.
MS. CARPENTER answered that crisis medications might be the only
instance without informed consent because of the crisis
definition.
2:10:12 PM
SENATOR REINBOLD asked who would be responsible if someone
experienced a "psychiatric episode" and was given crisis
medications. She offered her belief that informed consent must
be mandated.
2:10:42 PM
CHAIR WILSON suggested that the committee could discuss the
procedure and process for notifications and how the court system
will notify parties.
2:11:13 PM
SENATOR BEGICH asked Ms. Carpenter to clarify that SB 124 does
not add any new parties who can administer crisis medication.
MS. CARPENTER answered that no new individuals would administer
crisis medication.
SENATOR BEGICH recapped that the reason the bill is before the
committee is that the Disability Law Center sued the state. The
state worked with the litigants of recipients of care who
believed that the state had failed them. The Disability Law
Center (DLC) was successful, so the state is settling the
lawsuit. The DLC stated on the record that SB 124 meets those
conditions, but patient groups raised other considerations that
could be added to the bill, beyond what the DLC agreed to. The
department held formal conversations and agreed to add some of
those patient considerations outlined in Mr. Gottstein's letter.
2:13:21 PM
MS. CARPENTER agreed with his summary.
SENATOR BEGICH stated that the department is effectively making
a broader array and less invasive services available to those
experiencing a psychotic episode or suffering a mental illness,
which was the point of the Disability Law Center lawsuit.
MS. CARPENTER agreed, adding that the bill would provide more
immediate care. She stated that the emergency room doctors
provided a letter of support that spoke about individuals
waiting in emergency rooms that have been stripped to prevent
patient injuries and that have a medical professional observing
until the patients could be taken into care. During this time,
these patients lacked the crisis psychiatric care they needed.
She recalled that Commissioner Cockrell had mentioned, during
the hearing last week, that patients are handcuffed in the back
of patrol vehicles while awaiting care at a facility. She stated
that SB 124 would add tools to the toolbox that the state needs
in the involuntary commitment statutes.
2:14:45 PM
SENATOR BEGICH asked whether the Disability Law Center would
have settled with the department if it would place those
suffering from psychotic episodes and mental health illnesses in
a more vulnerable position.
MS. CARPENTER explained that she took part in the settlement
negotiations with the Disability Law Center and the Public
Defender Agency, the other party to the case. She opined that
they would not have settled and Superior Court Judge Morse would
not have signed off on the settlement. She said the department
truly is moving in less restrictive ways, noting that Judge
Morse said the state could not remedy the lawsuit by adding more
beds to API as the only solution.
2:15:52 PM
SENATOR BEGICH asked if SB 124 appeared to meet the issues
regarding patient rights.
2:16:21 PM
RENEE MCFARLAND, Deputy Public Defender, Appellate Division,
Alaska Public Defender Agency, Department of Administration,
Anchorage, Alaska, stated that she was not completely familiar
with the agency's role in the settlement negotiations, but if
the facilities and procedures in the bill are funded, it could
remedy some of the observed issues. She stated that sometimes it
doesn't actually end up working as intended. The Public Defender
Agency has pointed out some provisions that may raise
constitutional concerns. However, she suggested the bill would
generally help their clients. She stated that the agency
supports the provisions that would prevent their clients from
being held in jail and hospital emergency rooms while awaiting
admission for treatment.
2:17:43 PM
SENATOR BEGICH related that the committee discussed patient
issues Mr. Jim Gottstein raised at the last hearing. He said he
heard from Mr. Gottstein that the bill was moving in the right
direction. He asked whether the bill would address some of the
concerns, and whether the public defender agency would continue
monitoring SB 124 to ensure the law is enacted as intended.
MS. MCFARLAND explained that Version B addresses some of the
concerns, including providing legal counsel for people
experiencing a behavioral health crisis as soon as they are
detained. She stated that it was not clear in the earlier
version of the bill when that would occur. She related that in
Version B, the Public Defender Agency would be appointed to
every person being detained at a crisis residential center, just
as they are appointed to everyone being held for the 72-hour
evaluation in current law. She acknowledged that the sheer
volume of cases makes it difficult for the agency to monitor
everyone, but appointing an attorney was one of the concerns
noted in the original bill. She related that she would try to
address any concerns during implementation.
CHAIR WILSON asked Ms. Meade to review the court's involvement
in the Title 47 hold process and the effects of SB 124, Version
B.
2:20:37 PM
NANCY MEADE, General Counsel, Office of the Administrative
Director, Alaska Court System, Anchorage, Alaska, stated that
under AS 47.30, the court is involved in involuntary admission
for treatment. As Ms. Carpenter mentioned, those held or
detained involuntarily held during the initial stages are
limited to certain facilities in the state. Sometimes those
individuals end up in jail, which is not optimal. This bill
would create a subacute level of care, something less than the
current hospitals. Currently under AS 47.30, when a person is
first taken to a facility, a petition is filed with the court.
The court holds an ex parte hearing and makes certain findings,
including that the person is gravely disabled or is suffering
from mental illness and is likely to cause serious harm to self
or others. If the person involved determines that it is not safe
to wait and file a petition and have the court do an assessment
and issue an order within 48 hours, then the proceedings occur
under AS 47.30.705, which is in Section 11 of the bill. The
court would hold an ex parte hearing immediately and set a
placeholder hearing. The court could authorize the hold for 72
hours and, within the 72 hours, would set a time for a
subsequent hearing if the medical professionals determine that
the person needed to be held longer. The current law allows that
second hearing for a 30-day mental commitment.
2:23:00 PM
MS. MEADE stated that SB 124 would allow the person to be taken
to a subacute facility, crisis stabilization center, or crisis
residential center. The court would hold another ex parte
hearing immediately. If the court grants it, the court will
notify everyone, including the public defender, guardian, and
attorneys.
MS. MEADE explained that the court would set a placeholder
timeframe for the medical person in charge to seek a mental
commitment or to seek a lower-level subacute hold for a 7-day
hold at a crisis residential center because they believe the
person's mental health problems could be resolved during that
timeframe. Thereafter, other proceedings could take place,
perhaps during the 7-day hold. If the court orders a 7-day hold,
but the medical professional believes the person needs a 30-day
commitment to a hospital, a petition would be filed.
MS. MEADE highlighted that the court would be involved in the
initial ex parte stage and notifies everyone and would set a
time period for a potential next hearing within 72 hours.
2:24:25 PM
SENATOR REINBOLD agreed that members do not want those who need
treatment held in jails or emergency rooms. She wondered who is
responsible if a patient, without consent, is given psychotropic
medications and has an episode. She referred to Article 10,
Patient Rights. Sec. 47.30.817. She wanted to be certain that
patient rights apply in the new subacute facilities.
2:25:51 PM
MS. MEADE answered yes. She referred to page 7, lines 21-31, to
Sec. 47.30.709. Rights of Respondents at crisis residential
centers and crisis residential centers; psychotropic medication;
time. She read the language on page 7, line 29,"... the
respondent has the rights identified in AS 47.30.725 and. It
goes on to identify which ones apply specifically to the rights
for adults. She referred to the rights of minors at the top of
page 8.
2:26:28 PM
SENATOR REINBOLD requested confirmation on the record that
patient rights in AS 47.13.817 through the end of the chapter
apply to the new subacute facilities.
MS. MEADE responded that her reading of page 7, line 21 through
page 8, line 15, and the rights and procedures set out in
Article 10 of existing law apply to the crisis residential
centers and crisis stabilization centers regarding patient
rights and the involuntary administration of drugs.
2:28:06 PM
SENATOR HUGHES related her understanding that parents and
guardians of minors are notified when a hearing is scheduled.
She wondered if parents and guardians of nonminors would be
notified and if they would be notified of any outcomes of the
hearings if they could not attend.
MS. MEADE answered that the respondent's guardians are notified.
She directed attention to page 6, line 2 that says the court
shall notify the respondent, the respondent's attorney, and the
respondent's guardian. She stated that court orders are always
provided and once the respondent's guardian is notified of the
hearing, they are on the distribution list and receive every
court order in the case. She referred to Section 16, AS
47.30.715, page 9, line 27 that requires the court to notify the
respondent's guardian of the procedure for mental commitments.
2:29:54 PM
SENATOR HUGHES recapped that parents and guardians of minors and
parents and guardians of nonminors are notified of any hearing
and would be put on the list to receive the outcome of any order
given. Thus, they would know at the 72-hour hearing that the
patient would be released, sent to a 7-day residential center,
or a 30-day facility. She related her understanding that it
happens under current law and would continue under the bill.
2:30:36 PM
MS. MEADE responded that it was generally happening now for
mental commitments, to the extent that the court can do so in a
timely manner. This bill would require notice for mental
commitments and for all of the hearings and holds for the
subacute facilities, the crisis residential centers, and crisis
stabilization centers. She offered her view that the rights of
parents and guardians are enhanced under this bill.
SENATOR HUGHES related a scenario, noting that minors often
spend many hours away from their parents or guardians. She
asked, if a behavioral health crisis involving a minor were to
occur, would law enforcement be called to take the minor to a
crisis stabilization center. She further asked whether law
enforcement would be required to notify the parents or guardians
that their child was taken to a crisis stabilization center. If
not, the bill would need to be amended.
2:31:48 PM
MS. MEADE answered that was not a question for the court system
because the court wouldn't find out about someone taken to a
crisis stabilization center, a 24-hour center, until a petition
is filed with the court.
SENATOR HUGHES offered her view that parents should be notified
within a reasonable timeframe.
MS. CARPENTER deferred to Mr. Bookman.
2:33:12 PM
STEVEN BOOKMAN, Senior Assistant Attorney General, Human
Services Section, Civil Division, Department of Law, Anchorage,
Alaska, stated that Version B requires that all notices be
served on the respondent and to the parents or guardian when the
respondent is a minor. He related that the Alaska Court System
has a form when an emergency hold occurs under AS 47.30.705. He
stated that the respondent is given the form, and to the extent
that the form is given to the minor, the form would be sent to
the minor's parents or guardians. He said if the minor was being
taken to a crisis stabilization center, this bill would require
that the same notice would be sent to the minor's parents or
guardian. He acknowledged that there might be logistical
problems in finding the address or how to contact the parents or
guardian.
2:34:30 PM
SENATOR HUGHES expressed concern that there was not a specific
timeframe. She said if her child or grandchild, if she was the
guardian, were going to be picked up, she would want to know.
She related her understanding that the first notification was
the hearing notification.
CHAIR WILSON related his understanding that two questions were
comingled. He understood Senator Hughes' question related to
notification when a police officer picked up a minor. He related
that his experience from managing a 24-hour hold facility for
juveniles was that police try to find parents or guardians. He
opined that it might be challenging to put a time limit on
notification as the minor may not be coherent or is under the
influence of drugs or alcohol. He said the committee would try
to obtain the information from the Department of Public Safety.
SENATOR HUGHES offered her view that it would be reasonable to
attempt to contact parents immediately or shortly thereafter.
She acknowledged that it might not be possible to guarantee to
reach them. She wondered if guardians are notified when
nonminors are taken to the crisis stabilization center.
2:37:45 PM
CHAIR WILSON offered his belief that once the petition to the
court for an involuntary hold occurs, the courts would be
required to notify the guardians.
MS. MEADE responded that as soon as a court grants an ex parte
application, which happens within 24 hours, the hearing would be
set several days later, and the parents and guardians receive
notice, so long as the court can locate them. She said the court
makes every effort to serve them.
2:39:20 PM
SENATOR HUGHES related that the policy call for the committee is
whether there should be a requirement for law enforcement or
crisis stabilization center staff to attempt to notify parents
and guardians within the first few hours. She voiced support for
such a requirement and suggested the committee give it
consideration because it otherwise could be up to 24 hours
before the court would reach out.
2:40:09 PM
SENATOR REINBOLD stated that the notice was important. She noted
a constituent wanted to ensure that the rights of disabled
psychiatric patients are protected. Her constituent expressed
concern that Alaska is 30 years behind best practices. She
related that Article 10 addresses patient rights, and she noted
provisions within the article that address various patient
rights. She related her understanding that these rights are
protected in SB 124.
2:42:49 PM
CHAIR WILSON answered that was his understanding from Nancy
Meade with the Alaska Court System, and Mr. Bookman with the
Department of Law.
2:42:59 PM
MS. MEADE stated that under current law if someone has a mental
health crisis or is believed to be gravely disabled, involuntary
mental commitments under AS 47.30 were the only option. She
stated that 1,880 72-hour petitions were filed with the court in
2020, which is for initial involuntary hospitalizations. There
were also 235 30-day involuntary mental commitments. She related
that about 1,900 people were admitted for three days, but only
235 resulted in further proceedings. She related that she
reviewed prior years and the highest number of petitions filed
for the 3-day hold involuntary hold was 2,500, of which 167 led
to additional holdings.
2:46:11 PM
SENATOR HUGHES offered a final summation that it was helpful to
hear that according to statute, an officer must determine that a
person is in imminent danger of hurting self or another person
before the officer can transport a person to a crisis
stabilization center. She said it was also helpful to know the
crisis stabilization center is less restrictive than a jail or
hospital emergency room setting.
CHAIR WILSON held SB 124 in committee.
2:47:08 PM
There being no further business to come before the committee,
Chair Wilson adjourned the Senate Health and Social Services
Standing Committee meeting at 2:47 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 124 Letters 3.13.22.pdf |
SHSS 3/15/2022 1:30:00 PM |
SB 124 |
| SB124CS(HSS)-JUD-ACS-03-09-22.pdf |
SHSS 3/15/2022 1:30:00 PM |
SB 124 |
| SB 124 - Overview of bill_CS 3.15.2022.pdf |
SHSS 3/15/2022 1:30:00 PM |
SB 124 |
| SB 124 - SHSS Committee - Follow up 3.15.2022.pdf |
SHSS 3/15/2022 1:30:00 PM |
SB 124 |