CSHB 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."
00 CS FOR HOUSE BILL NO. 172(FIN) am 01 "An Act relating to crisis stabilization centers, crisis residential centers, and subacute 02 mental health facilities; relating to representation by an attorney; relating to the 03 administration of psychotropic medication in a crisis situation; relating to 04 hospitalizations for mental health evaluation; relating to licensed facilities; relating to a 05 report to the legislature on psychiatric patients and patient rights; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 12.25.031(a) is amended to read: 09 (a) As an alternative to arrest, a peace officer may, at the officer's discretion, 10 deliver a person to a crisis stabilization center, a crisis residential center, or an 11 evaluation facility or decline to arrest the person if 12 (1) the arresting officer believes in good faith that the person is 13 suffering from an acute behavioral health crisis; and
01 (2) the person voluntarily agrees to be taken to a crisis stabilization 02 center, a crisis residential center, or an evaluation facility or to promptly seek 03 outpatient mental health treatment. 04 * Sec. 2. AS 12.25.031(b) is amended to read: 05 (b) Notwithstanding (a) of this section, a peace officer may, as an alternative 06 to arrest, take a person into emergency custody under AS 47.30.705 and deliver the 07 person to a crisis stabilization center, a crisis residential center, or an evaluation 08 facility. 09 * Sec. 3. AS 12.25.031(c) is amended to read: 10 (c) Delivery of a person to a crisis stabilization center, a crisis residential 11 center, or an evaluation facility for examination under (a) of this section does not 12 constitute an involuntary commitment under AS 47.30 or an arrest. 13 * Sec. 4. AS 12.25.031(d) is amended to read: 14 (d) Before a person delivered to a crisis stabilization center, a crisis 15 residential center, or an evaluation facility under (a) or (b) of this section is released 16 to the community, a mental health professional shall make reasonable efforts to inform 17 the arresting officer and the arresting officer's employing agency of the planned 18 release if the officer has specifically requested notification and provided the officer's 19 contact information to the crisis stabilization center, crisis residential center, or 20 evaluation facility. 21 * Sec. 5. AS 12.25.031(f) is amended to read: 22 (f) An agreement to participate in outpatient treatment or to be delivered to a 23 crisis stabilization center, a crisis residential center, or an evaluation facility under 24 (a) of this section 25 (1) may not require a person to stipulate to any facts regarding the 26 alleged criminal activity as a prerequisite to participation in a mental health treatment 27 alternative; 28 (2) is inadmissible in any criminal or civil proceeding; and 29 (3) does not create immunity from prosecution for the alleged criminal 30 activity. 31 * Sec. 6. AS 12.25.031(g) is amended to read:
01 (g) If a person violates an agreement to be delivered to a crisis stabilization 02 center, a crisis residential center, or an evaluation facility or to seek outpatient 03 treatment under (a) of this section, 04 (1) a mental health professional shall make reasonable efforts to 05 inform the arresting officer and the arresting officer's employing agency of the 06 person's decision to leave the crisis stabilization center, crisis residential center, or 07 evaluation facility; and 08 (2) the original charges may be filed or referred to the prosecutor, as 09 appropriate, and the matter may proceed as provided by law. 10 * Sec. 7. AS 12.25.031(i)(1) is amended to read: 11 (1) "crisis stabilization center" has the meaning given in 12 AS 47.32.900 [MEANS A FACILITY LICENSED UNDER AS 47.32 THAT MEETS 13 THE DEFINITION OF "CRISIS STABILIZATION CENTER" IN AS 47.32.900]; 14 * Sec. 8. AS 12.25.031(i) is amended by adding a new paragraph to read: 15 (4) "crisis residential center" has the meaning given in AS 47.32.900. 16 * Sec. 9. AS 18.65.530(c) is amended to read: 17 (c) A peace officer is not required to make an arrest of a person under (a) of 18 this section if the officer has received authorization from a prosecuting attorney in the 19 jurisdiction in which the offense under investigation arose 20 (1) not to arrest the person; or 21 (2) to deliver the person to a crisis stabilization center, a crisis 22 residential center, or an evaluation facility as provided in AS 12.25.031(b). 23 * Sec. 10. AS 18.65.530(g) is amended to read: 24 (g) A peace officer who delivers a person to a crisis stabilization center, a 25 crisis residential center, or evaluation facility under (c) of this section shall provide 26 the peace officer's and the peace officer's employing agency's contact information to 27 the crisis stabilization center, crisis residential center, or evaluation facility and, if 28 the peace officer and the peace officer's employing agency are [IS] notified under 29 AS 12.25.031(d) of a planned release of the person, shall make reasonable efforts to 30 inform the victim of a crime committed under (a)(1) or (2) of this section of the 31 planned release.
01 * Sec. 11. AS 18.85.100(a) is amended to read: 02 (a) An indigent person who is under formal charge of having committed a 03 serious crime and the crime has been the subject of an initial appearance or subsequent 04 proceeding, or is being detained under a conviction of a serious crime, or is on 05 probation or parole, or is entitled to representation under the Supreme Court 06 Delinquency or Child in Need of Aid Rules or at a review hearing under 07 AS 47.12.105(d), or is isolated, quarantined, or required to be tested under an order 08 issued under AS 18.15.355 - 18.15.395, or is a respondent in a proceeding under 09 AS 47.30 [AGAINST WHOM COMMITMENT PROCEEDINGS FOR MENTAL 10 ILLNESS HAVE BEEN INITIATED,] is entitled 11 (1) to be represented, in connection with the crime or proceeding, by 12 an attorney to the same extent as a person retaining an attorney is entitled; and 13 (2) to be provided with the necessary services and facilities of this 14 representation, including investigation and other preparation. 15 * Sec. 12. AS 47.30.705(a) is amended to read: 16 (a) A peace officer, health officer, mental health professional, or physician 17 assistant licensed by the State Medical Board to practice in this state, [A 18 PSYCHIATRIST OR PHYSICIAN WHO IS LICENSED TO PRACTICE IN THIS 19 STATE OR EMPLOYED BY THE FEDERAL GOVERNMENT, OR A CLINICAL 20 PSYCHOLOGIST LICENSED BY THE STATE BOARD OF PSYCHOLOGIST 21 AND PSYCHOLOGICAL ASSOCIATE EXAMINERS] who has probable cause to 22 believe that a person is gravely disabled or is suffering from mental illness and is 23 likely to cause serious harm to self or others of such immediate nature that 24 considerations of safety do not allow initiation of involuntary commitment procedures 25 set out in AS 47.30.700, may cause the person to be taken into custody by a peace 26 officer or health officer and delivered to the nearest crisis stabilization center, crisis 27 residential center, [AS DEFINED IN AS 47.32.900 OR THE NEAREST] evaluation 28 facility, or treatment facility. A person taken into custody for emergency evaluation 29 may not be placed in a jail or other correctional facility except for protective custody 30 purposes and only while awaiting transportation to a crisis stabilization center, crisis 31 residential center, evaluation facility, or treatment facility. However,
01 [EMERGENCY] protective custody under this section may not include placement of a 02 minor in a jail or secure facility. The peace officer, health officer, [OR] mental health 03 professional, or physician assistant shall complete an application for examination of 04 the person in custody and be interviewed by a mental health professional at the crisis 05 stabilization center, crisis residential center, evaluation facility, or treatment facility. 06 * Sec. 13. AS 47.30.705 is amended by adding a new subsection to read: 07 (c) When delivering a person to a crisis stabilization center, crisis residential 08 center, evaluation facility, or treatment facility under (a) of this section, a peace officer 09 or health officer shall give priority to a crisis stabilization center or crisis residential 10 center if one exists in the service area served by the peace officer or health officer. 11 * Sec. 14. AS 47.30 is amended by adding new sections to read: 12 Sec. 47.30.707. Admission to and hold at a crisis stabilization center. (a) 13 Except as provided in (b) of this section, when a crisis stabilization center admits a 14 respondent under AS 47.30.705, the crisis stabilization center may hold the respondent 15 at the center for a period not to exceed 23 hours and 59 minutes. A mental health 16 professional shall examine the respondent within three hours after the respondent 17 arrives at the center. 18 (b) If the professional person in charge at the crisis stabilization center 19 determines that there is probable cause to believe that the respondent is suffering an 20 acute behavioral health crisis and, as a result, is likely to cause harm to self or others 21 or is gravely disabled, the respondent's acute behavioral health crisis will be resolved 22 during admission to a crisis residential center, and the respondent is not willing to 23 voluntarily go to the crisis residential center, a mental health professional may submit 24 an ex parte application to the court under this section for detention at the crisis 25 residential center. Based on the application, if the court finds that probable cause 26 exists to believe that the respondent's acute behavioral health crisis will be resolved 27 during admission to a crisis residential center, the court shall grant the application and 28 appoint an attorney to represent the respondent, and the respondent may remain at the 29 crisis stabilization center until admission to a crisis residential center. If the court finds 30 no probable cause, the court shall order the respondent released. 31 Sec. 47.30.708. Admission to and detention at a crisis residential center. (a)
01 A respondent who is delivered to a crisis residential center for emergency examination 02 and treatment shall be examined and evaluated as to mental and physical condition by 03 a mental health professional within three hours after arrival at the facility. 04 (b) The mental health professional who performs the emergency examination 05 under (a) of this section may admit the respondent to the crisis residential center if the 06 mental health professional has probable cause to believe that 07 (1) the respondent is mentally ill and that condition causes the 08 respondent to be gravely disabled or to present a likelihood of serious harm to self or 09 others; and 10 (2) the respondent's acute behavioral health crisis will be resolved 11 during admission to the crisis residential center. 12 (c) If a mental health professional admits a respondent to a crisis residential 13 center and a judicial order has not been obtained under AS 47.30.707, the mental 14 health professional may apply for an ex parte order under this section authorizing 15 admission to the crisis residential center. Based on the application, if the court finds 16 that probable cause exists to believe that the respondent is suffering an acute 17 behavioral health crisis and, as a result, is likely to cause harm to self or others or is 18 gravely disabled and the respondent's acute behavioral health crisis will be resolved 19 during admission to a crisis residential center, the court shall grant the application and 20 appoint an attorney to represent the respondent. If the court finds no probable cause, 21 the court shall order the respondent released. 22 (d) When, under (c) of this section, the court grants an ex parte application to 23 admit a respondent to a crisis residential center, the court shall set a time for a hearing, 24 to be held if needed within 72 hours after the respondent's arrival at the crisis 25 stabilization center or the crisis residential center, whichever is earlier, and the court 26 shall notify the respondent, the respondent's attorney, the respondent's guardian, if 27 any, the petitioner's attorney, if any, and the attorney general of the time and place of 28 the hearing. Computation of the 72-hour period at a crisis residential center before a 29 hearing does not include Saturdays, Sundays, and legal holidays, except that if the 30 exclusion of Saturdays, Sundays, and legal holidays from the computation of the 72- 31 hour period would result in the respondent being held for longer than 72 hours, the 72-
01 hour period ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal 02 holiday. The hearing shall be held at the crisis residential center in person, by 03 contemporaneous two-way video conference, or by teleconference, absent 04 extraordinary circumstances. If a hearing is held by contemporaneous two-way video 05 conference, only the court may record the hearing. In this subsection, 06 "contemporaneous two-way video conference" means a conference among people at 07 different places by means of transmitted audio and visual signals, using any 08 communication technology that allows people at two or more places to interact 09 simultaneously by way of two-way video and audio transmission. 10 (e) In the course of the 72-hour period, a petition for 30-day commitment or 11 for seven-day detention at a crisis residential center may be filed in court. A petition 12 for 30-day commitment must conform with AS 47.30.730. A petition for seven-day 13 detention at a crisis residential center must be signed by two mental health 14 professionals, one of whom must be a physician, who have examined the respondent. 15 A copy of the petition shall be served on the respondent, the respondent's attorney, and 16 the respondent's guardian, if any, before the hearing. The petition for detention must 17 (1) allege that the respondent is suffering an acute behavioral health 18 crisis and, as a result, is likely to cause harm to self or others or is gravely disabled; 19 (2) allege that resolution of the respondent's acute behavioral health 20 crisis is likely during the admission to the crisis residential center; 21 (3) allege that the respondent has been advised of the need for, but has 22 not accepted, voluntary treatment, and request that the court order the respondent to be 23 detained at the crisis residential center for up to seven days following the respondent's 24 arrival at the crisis stabilization center or the crisis residential center, whichever is 25 earlier; 26 (4) list prospective witnesses; and 27 (5) list specific facts and describe behavior of the respondent 28 supporting the allegations in (1) - (3) of this subsection. 29 (f) If, at a hearing held under (d) of this section, the court reviews a petition 30 for 30-day commitment, the court shall hold the next hearing in accordance with 31 AS 47.30.735. If the court grants the petition for 30-day commitment, the respondent
01 may remain at the crisis residential center until admission to a designated treatment 02 facility. 03 (g) If, at a hearing held under (d) of this section, the court reviews a petition 04 for seven-day detention at a crisis residential center, the respondent has the rights 05 listed in AS 47.30.735(b)(1) - (9). At the conclusion of a hearing on a petition for 06 seven-day detention at a crisis residential center, the court 07 (1) may order the respondent detained at the crisis residential center 08 for up to seven days following the respondent's arrival at the crisis stabilization center 09 or the crisis residential center, whichever is earlier, if the court finds there is probable 10 cause to believe that 11 (A) the respondent is suffering an acute behavioral health crisis 12 and, as a result, is likely to cause harm to self or others or is gravely disabled; 13 and 14 (B) the respondent's acute behavioral health crisis will be 15 resolved during admission to the crisis residential center; 16 (2) shall order the respondent released, if the court finds no probable 17 cause. 18 Sec. 47.30.709. Rights of respondents at crisis stabilization centers and 19 crisis residential centers; psychotropic medication; time. (a) If at any time during a 20 respondent's hold at a crisis stabilization center or detention at a crisis residential 21 center the professional person in charge determines that the respondent does not meet 22 the standard for a hold or detention, the respondent may no longer be held or detained. 23 The professional person in charge shall notify the petitioner and the court, if 24 applicable. 25 (b) When a respondent is held at a crisis stabilization center or detained at a 26 crisis residential center, the respondent has the rights identified in AS 47.30.725 and, 27 (1) if an adult, the rights identified under AS 47.30.817 - 47.30.838, 28 47.30.840 - 47.30.850, and 47.30.855 - 47.30.865; and 29 (2) if a minor, the rights identified in AS 47.30.700 - 47.30.865. 30 (c) A respondent subject to an involuntary stabilization hold or detention at a 31 crisis stabilization center or crisis residential center may, at any time, convert to
01 voluntary status if the professional person in charge agrees that 02 (1) the respondent is an appropriate patient for voluntary status; and 03 (2) the conversion is made in good faith. 04 (d) A crisis stabilization center or crisis residential center may administer 05 psychotropic medication to an involuntarily held or detained respondent only in a 06 manner that is consistent with AS 47.30.838. 07 (e) Computation of a 23-hour and 59-minute holding time at a crisis 08 stabilization center includes Saturdays, Sundays, and legal holidays, but does not 09 include any period of time necessary to transport a respondent to a crisis stabilization 10 center. Computation of a seven-day detention at a crisis residential center includes 11 Saturdays, Sundays, and legal holidays, but does not include any period of time 12 necessary to transport a respondent to a crisis residential center. 13 * Sec. 15. AS 47.30.710 is amended to read: 14 Sec. 47.30.710. Examination; hospitalization. (a) A respondent who is 15 delivered under AS 47.30.700 - 47.30.705 to an evaluation facility [, EXCEPT FOR 16 DELIVERY TO A CRISIS STABILIZATION CENTER AS DEFINED IN 17 AS 47.32.900,] for emergency examination and treatment shall be examined and 18 evaluated as to mental and physical condition by a mental health professional and by a 19 physician within 24 hours after arrival at the facility. [A RESPONDENT WHO IS 20 DELIVERED UNDER AS 47.30.705 TO A CRISIS STABILIZATION CENTER 21 SHALL BE EXAMINED BY A MENTAL HEALTH PROFESSIONAL AS 22 DEFINED IN AS 47.30.915 WITHIN THREE HOURS AFTER ARRIVING AT THE 23 CENTER.] 24 (b) If the mental health professional who performs the emergency examination 25 under (a) of this section has reason to believe that the respondent is [(1)] mentally ill 26 and that condition causes the respondent to be gravely disabled or to present a 27 likelihood of serious harm to self or others, and the respondent [(2)] is in need of care 28 or treatment, the mental health professional may 29 (1) admit the respondent to a crisis residential center; 30 (2) hospitalize the respondent; [,] or 31 (3) arrange for hospitalization, on an emergency basis [. IF A
01 JUDICIAL ORDER HAS NOT BEEN OBTAINED UNDER AS 47.30.700, THE 02 MENTAL HEALTH PROFESSIONAL SHALL APPLY FOR AN EX PARTE 03 ORDER AUTHORIZING HOSPITALIZATION FOR EVALUATION]. 04 * Sec. 16. AS 47.30.710 is amended by adding new subsections to read: 05 (c) If a mental health professional hospitalizes a respondent or arranges for the 06 hospitalization of a respondent under (b) of this section and a judicial order has not 07 been obtained under AS 47.30.700, the mental health professional shall apply for an 08 ex parte order authorizing the hospitalization for evaluation. 09 (d) If a mental health professional readmits a respondent to an evaluation 10 facility after a discharge from a subacute mental health facility, the respondent is not 11 willing to remain at the evaluation facility on a voluntary basis, and a judicial order 12 has not been obtained under AS 47.30.700, the mental health professional shall apply 13 for an ex parte order authorizing hospitalization for evaluation. Unless otherwise 14 ordered by the court upon receiving the application for an ex parte order, the 15 respondent shall remain at the evaluation facility until the court issues a decision on 16 the application of an ex parte order. 17 * Sec. 17. AS 47.30.715 is amended to read: 18 Sec. 47.30.715. Procedure after order. When an evaluation [A] facility 19 receives a proper order for evaluation, it shall accept the order and the respondent for 20 an evaluation period not to exceed 72 hours. The evaluation facility shall promptly 21 notify the court of the date and time of the respondent's arrival. The court shall set a 22 date, time, and place for a 30-day commitment hearing, to be held if needed within 72 23 hours after the respondent's arrival, and the court shall notify the evaluation facility, 24 the respondent, the respondent's guardian, if any, the respondent's attorney, [AND] 25 the petitioner's [PROSECUTING] attorney, if any, and the attorney general of the 26 time and place of the hearing [ARRANGEMENTS]. Evaluation personnel, when 27 used, shall similarly notify the court of the date and time when they first met with the 28 respondent. 29 * Sec. 18. AS 47.30.805 is amended to read: 30 Sec. 47.30.805. Computation, extension, and expiration of periods of time. 31 (a) Except as provided in (b) of this section,
01 (1) computations of a 72-hour evaluation period under AS 47.30.708 02 or 47.30.715 [AS 47.30.715] or a 48-hour detention period under AS 47.30.685 do not 03 include Saturdays, Sundays, legal holidays, or any period of time necessary to 04 transport the respondent to the treatment facility, except that if the exclusion of 05 Saturdays, Sundays, and legal holidays from the computation of a 72-hour 06 evaluation period or 48-hour detention period would result in the respondent 07 being held for longer than 72 hours or 48 hours, as applicable, the period ends at 08 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday; 09 (2) a seven-day detention at a crisis residential center expires at 10 the end of the seventh day following the respondent's arrival at the crisis 11 stabilization center or the crisis residential center, whichever is earlier; 12 (3) a 30-day commitment period expires at the end of the 30th day 13 after the 72 hours following initial acceptance; 14 (4) [(3)] a 90-day commitment period expires at the end of the 90th 15 day after the expiration of a 30-day period of treatment; 16 (5) [(4)] a 180-day commitment period expires at the end of the 180th 17 day, after the expiration of a 90-day period of treatment or previous 180-day period, 18 whichever is applicable. 19 (b) When a respondent has failed to appear or been absent through the 20 respondent's own actions contrary to any order properly made or entered under 21 AS 47.30.660 - 47.30.915, the relevant commitment period shall be extended for a 22 period of time equal to the respondent's absence if written notice of absence is 23 promptly provided to the respondent's attorney and guardian, if any [THERE IS 24 ONE], and if, within 24 hours after the respondent has returned to the evaluation or 25 treatment facility, written notice of the corresponding extension and the reason for it is 26 given to the respondent and the respondent's attorney and guardian, if any, and to the 27 court. 28 * Sec. 19. AS 47.30.838(c) is amended to read: 29 (c) If crisis situations as described in (a)(1) of this section occur repeatedly, or 30 if it appears that they may occur repeatedly, the evaluation facility, crisis stabilization 31 center, crisis residential center, or designated treatment facility may administer
01 psychotropic medication during not [NO] more than three crisis periods without the 02 patient's informed consent only with court approval under AS 47.30.839. 03 * Sec. 20. AS 47.30.839(b) is amended to read: 04 (b) An evaluation facility or designated treatment facility may seek court 05 approval for administration of psychotropic medication to a patient by filing a petition 06 with the court, requesting a hearing on the capacity of the person to give informed 07 consent and on the proposed use of psychotropic medication. The petition shall 08 provide specific information regarding the factors listed in AS 47.30.837(d)(2)(A) 09 - (E). 10 * Sec. 21. AS 47.30.839(g) is amended to read: 11 (g) If the court determines by clear and convincing evidence that the patient 12 is not competent to provide informed consent and [, BY CLEAR AND 13 CONVINCING EVIDENCE,] was not competent to provide informed consent at the 14 time of previously expressed wishes documented under (d)(2) of this section, that the 15 proposed use of medication is in the best interests of the patient considering at a 16 minimum the factors listed in AS 47.30.837(d)(2)(A) - (E), and that there is no 17 feasible less intrusive alternative, the court shall approve the facility's proposed use 18 of psychotropic medication. The court's approval under this subsection applies to the 19 patient's initial period of commitment if the decision is made during that time period. 20 If the decision is made during a period for which the initial commitment has been 21 extended, the court's approval under this subsection applies to the period for which 22 commitment is extended. 23 * Sec. 22. AS 47.30 is amended by adding a new section to read: 24 Sec. 47.30.912. Regulations. The department shall adopt regulations to 25 implement AS 47.30.700 - 47.30.915. 26 * Sec. 23. AS 47.30.915(7) is amended to read: 27 (7) "evaluation facility" means a hospital or crisis residential center 28 [HEALTH CARE FACILITY] that has been designated or is operated by the 29 department to perform the evaluations described in AS 47.30.660 - 47.30.915, or a 30 medical facility [LICENSED UNDER AS 47.32 OR] operated by the federal 31 government that performs evaluations;
01 * Sec. 24. AS 47.30.915(9) is amended to read: 02 (9) "gravely disabled" means a condition in which a person as a result 03 of mental illness 04 (A) is in danger of physical harm arising from such complete 05 neglect of basic needs for food, clothing, shelter, or personal safety as to render 06 serious accident, illness, or death highly probable if care by another is not 07 taken; or 08 (B) is so incapacitated that the person is incapable of 09 surviving safely in freedom [WILL, IF NOT TREATED, SUFFER OR 10 CONTINUE TO SUFFER SEVERE AND ABNORMAL MENTAL, 11 EMOTIONAL, OR PHYSICAL DISTRESS, AND THIS DISTRESS IS 12 ASSOCIATED WITH SIGNIFICANT IMPAIRMENT OF JUDGMENT, 13 REASON, OR BEHAVIOR CAUSING A SUBSTANTIAL 14 DETERIORATION OF THE PERSON'S PREVIOUS ABILITY TO 15 FUNCTION INDEPENDENTLY]; 16 * Sec. 25. AS 47.30.915(15) is amended to read: 17 (15) "peace officer" has the meaning given in AS 01.10.060(a) 18 [INCLUDES A STATE POLICE OFFICER, MUNICIPAL OR OTHER LOCAL 19 POLICE OFFICER, STATE, MUNICIPAL, OR OTHER LOCAL HEALTH 20 OFFICER, PUBLIC HEALTH NURSE, UNITED STATES MARSHAL OR 21 DEPUTY UNITED STATES MARSHAL, OR A PERSON AUTHORIZED BY THE 22 COURT]; 23 * Sec. 26. AS 47.30.915 is amended by adding new paragraphs to read: 24 (21) "crisis residential center" has the meaning given in AS 47.32.900; 25 (22) "crisis stabilization center" has the meaning given in 26 AS 47.32.900; 27 (23) "health officer" means a state, municipal, or other local health 28 officer, public health nurse, emergency medical technician, paramedic, firefighter, or a 29 person authorized by the court to carry out AS 47.30.660 - 47.30.915; 30 (24) "subacute mental health facility" has the meaning given in 31 AS 47.32.900.
01 * Sec. 27. AS 47.32.010(b), as repealed and reenacted by sec. 79 of Executive Order 121, is 02 amended to read: 03 (b) This [THE FOLLOWING ENTITIES ARE SUBJECT TO THIS] chapter 04 and regulations adopted under this chapter by the Department of Health apply to the 05 following entities: 06 (1) ambulatory surgical centers; 07 (2) assisted living homes; 08 (3) child care facilities; 09 (4) freestanding birth centers; 10 (5) home health agencies; 11 (6) hospices, or agencies providing hospice services or operating 12 hospice programs; 13 (7) hospitals; 14 (8) intermediate care facilities for individuals with an intellectual 15 disability or related condition; 16 (9) maternity homes; 17 (10) nursing facilities; 18 (11) residential child care facilities; 19 (12) residential psychiatric treatment centers; 20 (13) rural health clinics; 21 (14) subacute mental health facilities [CRISIS STABILIZATION 22 CENTERS]. 23 * Sec. 28. AS 47.32.900 is amended by adding a new paragraph to read: 24 (23) "subacute mental health facility" means a facility, or a part or unit 25 of a facility, that has been designed to evaluate, stabilize, and treat, on a short-term, 26 intensive, and recovery-oriented basis, and without the use of hospitalization, 27 individuals experiencing an acute behavioral health crisis, including a crisis 28 stabilization center and a crisis residential center; in this paragraph, 29 (A) "crisis residential center" means a subacute mental health 30 facility that has a maximum stay of seven days for an involuntary admission; 31 (B) "crisis stabilization center" means a subacute mental health
01 facility that has a maximum stay of 23 hours and 59 minutes. 02 * Sec. 29. AS 47.32.900(5) is repealed. 03 * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 REPORT TO THE LEGISLATURE. (a) One year after the effective date of secs. 1 - 06 31 of this Act, the Department of Health, the Department of Family and Community Services, 07 and the Alaska Mental Health Trust Authority shall submit a joint report to the senate 08 secretary and chief clerk of the house of representatives and notify the legislature that the 09 report is available. The report must 10 (1) include an assessment of the current state, federal, and accrediting body 11 requirements for psychiatric patient rights, including patient grievance and appeal policies and 12 procedures; the assessment must address the adequacy of these policies and procedures and 13 the practical challenges patients face in availing themselves of these rights; 14 (2) identify and recommend any additional changes to state statutes, 15 regulations, or other requirements that could improve patient outcomes and enhance patient 16 rights, particularly involving involuntary admissions, involuntary medications, and the 17 practical ability of patients to avail themselves of their rights; 18 (3) assess and recommend any needed changes to current processes for data 19 collection and reporting of patient grievances and appeals, patient reports of harm and 20 restraint, and the resolution of these matters; and 21 (4) identify methods for collecting and making available to the legislature and 22 the general public statistics recording 23 (A) the number, type, and cause of patient and staff injuries; 24 (B) the number, type, and resolution of patient and staff complaints; 25 and 26 (C) the number and type of traumatic events experienced by a patient; 27 in this subparagraph, "traumatic event" means being administered medication 28 involuntarily, or being placed in isolation or physical restraint of any kind. 29 (b) The process used by the Department of Health, the Department of Family and 30 Community Services, and the Alaska Mental Health Trust Authority to develop the 31 assessment and recommendations under (a) of this section must include convening a diverse
01 stakeholder group that includes members representing patients with lived experience, patient 02 advocates, the Disability Law Center of Alaska, providers of psychiatric services, the 03 ombudsman, the Alaska Mental Health Board, the Department of Health, the Department of 04 Family and Community Services, and the Alaska Mental Health Trust Authority. A draft 05 assessment and any recommendations must be made available for public comment, and any 06 comments must be given due consideration before the production and transmittal of the final 07 report. 08 * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TRANSITION: LICENSING. Notwithstanding AS 47.32.010(b), as amended by sec. 11 27 of this Act, the Department of Health shall consider a valid non-expired license issued 12 before the effective date of sec. 27 of this Act to a facility identified as a crisis stabilization 13 center as a license for a subacute mental health facility until that license is renewed, 14 suspended, or revoked. 15 * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION: REGULATIONS. The Department of Health or the Department of 18 Family and Community Services, as applicable, may adopt regulations to implement this Act. 19 The regulations take effect under AS 44.62 (Administrative Procedure Act) but not before the 20 effective date of the law implemented by the regulation. 21 * Sec. 33. Section 32 of this Act takes effect immediately under AS 01.10.070(c).