CSHB 115(HES): "An Act relating to the definition of 'mental health professional' for certain mental health proceedings and treatments; relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 115(HES) 01 "An Act relating to the definition of 'mental health professional' for certain mental 02 health proceedings and treatments; relating to the services of certain medical 03 professionals in civil proceedings for the commitment of certain intoxicated persons; 04 allowing a physician assistant or advanced nurse practitioner to certify the need for 05 emergency treatment as a result of intoxication; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 47.30.915(11) is amended to read: 08 (11) "mental health professional" means a psychiatrist or physician 09 who is licensed to practice in this state or employed by the federal government; a 10 clinical psychologist licensed by the state Board of Psychologist and Psychological 11 Associate Examiners; a psychological associate trained in clinical psychology and 12 licensed by the Board of Psychologist and Psychological Associate Examiners; a 13 registered nurse with a master's degree in psychiatric nursing, licensed by the State
01 Board of Nursing; a marital and family therapist licensed by the Board of Marital 02 and Family Therapy; a professional counselor licensed by the Board of 03 Professional Counselors; and a clinical social worker licensed by the Board of 04 Social Work Examiners [WITH A MASTER'S DEGREE IN SOCIAL WORK AND 05 SUBSTANTIAL EXPERIENCE IN THE FIELD OF MENTAL ILLNESS]; 06 * Sec. 2. AS 47.37.180(b) is amended to read: 07 (b) The certifying physician, physician assistant, advanced nurse 08 practitioner, spouse, guardian, or relative of the person to be committed, or any other 09 responsible person, may make a written application for commitment under this 10 section, directed to the administrator of the approved public treatment facility. The 11 application must state facts to support the need for emergency treatment and be 12 accompanied by a physician's, physician assistant's, or advanced nurse 13 practitioner's certificate supporting the need for emergency treatment and stating that 14 the physician, physician assistant, or advanced nurse practitioner has examined the 15 person sought to be committed within two days before the certificate's date. 16 * Sec. 3. AS 47.37.180(f) is amended to read: 17 (f) A copy of the written application for commitment and of the physician's, 18 physician assistant's, or advanced nurse practitioner's certificate, and a written 19 explanation of the person's right to legal counsel, shall be given to the person within 20 24 hours after commitment by the administrator, who shall provide a reasonable 21 opportunity for the person to consult with legal counsel. 22 * Sec. 4. AS 47.37.190(a) is amended to read: 23 (a) A spouse or guardian, a relative, the certifying physician, physician 24 assistant, advanced nurse practitioner, or the administrator in charge of an approved 25 public treatment facility may petition the court for a 30-day involuntary commitment 26 order. The petition must allege that the person is an alcoholic or drug abuser who (1) 27 has threatened, attempted to inflict, or inflicted physical harm on another and that 28 unless committed is likely to inflict physical harm on another; or (2) is incapacitated 29 by alcohol or drugs. A refusal to undergo treatment does not constitute evidence of 30 lack of judgment as to the need for treatment. The petition must be accompanied by a 31 certificate of a licensed physician, physician assistant, or advanced nurse
01 practitioner who has examined the person within two days before submission of the 02 petition, unless the person whose commitment is sought has refused to submit to a 03 medical examination, in which case the fact of refusal must be alleged in the petition. 04 The certificate must set out the physician's findings of the examination in support of 05 the allegations of the petition. 06 * Sec. 5. AS 47.37.200(a) is amended to read: 07 (a) At the hearing for a 30-day commitment required under AS 47.37.190(b), 08 the court shall hear all relevant testimony, including, if possible, the testimony of at 09 least one person [LICENSED PHYSICIAN] who has examined the person whose 10 commitment is sought under AS 47.37.180(b) or 47.37.190(a). The person whose 11 commitment is sought shall be present unless the court believes that being present is 12 likely to be injurious to the person, in which case the court may conduct the hearing 13 telephonically. The court may examine the person in open court, or, if advisable, 14 examine the person out of court. If the person has refused to be examined under 15 AS 47.37.180(b) or 47.37.190(a) [BY A LICENSED PHYSICIAN], the person shall 16 be given an opportunity to request examination by a court-appointed licensed 17 physician, physician assistant, or advanced nurse practitioner. If the person fails 18 to request a medical examination and there is sufficient evidence to believe that the 19 allegations of the petition are true, or, if the court believes that more medical evidence 20 is necessary, the court may issue a temporary order committing the person to a private 21 or public facility for a period of not more than five days for purposes of a diagnostic 22 examination. 23 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).