SB 142: "An Act relating to court orders authorizing an involuntary commitment; relating to the burden of proof necessary to authorize an involuntary commitment; relating to patient rights during an involuntary commitment; relating to the administration of psychotropic medication; and amending Rules 4 and 5, Alaska Rules of Civil Procedure."
00 SENATE BILL NO. 142 01 "An Act relating to court orders authorizing an involuntary commitment; relating to the 02 burden of proof necessary to authorize an involuntary commitment; relating to patient 03 rights during an involuntary commitment; relating to the administration of 04 psychotropic medication; and amending Rules 4 and 5, Alaska Rules of Civil 05 Procedure." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 47.30.700(a) is amended to read: 08 (a) Upon petition of an adult who has reasonable suspicion based on 09 personal knowledge that another person is mentally ill and, as a result of that 10 condition, is gravely disabled or likely to cause serious harm [ANY ADULT], a 11 judge may [SHALL IMMEDIATELY] conduct an immediate [A] screening 12 investigation or direct a local mental health professional employed by the department 13 or by a local mental health program that receives money from the department under
01 AS 47.30.520 - 47.30.620 or another mental health professional designated by the 02 judge, to conduct an immediate [A] screening investigation of the person alleged to 03 be mentally ill and, as a result of that condition, alleged to be gravely disabled or to 04 present a likelihood of serious harm to self or others. Within 48 hours after the 05 completion of the screening investigation, a judge may issue an ex parte order orally 06 or in writing, stating that there is probable cause to believe the respondent is mentally 07 ill and that condition causes the respondent to be gravely disabled or to present a 08 likelihood of serious harm to self or others. The court shall provide findings on which 09 the conclusion is based, appoint an attorney to represent the respondent, and may 10 direct that a peace officer take the respondent into custody and deliver the respondent 11 to the nearest appropriate facility for emergency examination or treatment. The ex 12 parte order shall be provided to the respondent and made a part of the respondent's 13 clinical record. The court shall confirm an oral order in writing within 24 hours after it 14 is issued. 15 * Sec. 2. AS 47.30.700 is amended by adding a new subsection to read: 16 (d) A peace officer may take a respondent into custody under (a) of this 17 section only if the ex parte order authorizing the peace officer to take the respondent 18 into custody is transmitted to the peace officer through a distribution method that 19 permits the peace officer to verify that the order originated from a court. If the peace 20 officer receives an order through a distribution method that does not permit the peace 21 officer to verify that the order originated from a court, the peace officer shall contact 22 the court and request that the court transmit the order to the peace officer through a 23 suitable distribution method. The court shall immediately comply. A facsimile 24 transmission from a telephone number, or electronic mail from an electronic mail 25 address, known by the peace officer to belong to a court is sufficient to satisfy this 26 subsection. 27 * Sec. 3. AS 47.30.707(b) is amended to read: 28 (b) If the professional person in charge at the crisis stabilization center 29 determines that there is clear and convincing evidence [PROBABLE CAUSE] to 30 believe that the respondent has a mental illness and is suffering an acute behavioral 31 health crisis and, as a result, is likely to cause serious harm to self or others or is
01 gravely disabled, the respondent's acute behavioral health crisis will be resolved 02 during admission to a crisis residential center or evaluation facility, and the respondent 03 is not willing to voluntarily go to the crisis residential center or evaluation facility, a 04 mental health professional may submit an ex parte application to the court under this 05 section for detention at the crisis residential center or evaluation facility. Based on the 06 application, if the court finds that clear and convincing evidence [PROBABLE 07 CAUSE] exists to believe that the respondent has a mental illness and is suffering an 08 acute behavioral health crisis and, as a result, is likely to cause serious harm to self or 09 others or is gravely disabled and the respondent's acute behavioral health crisis will be 10 resolved during admission to a crisis residential center or evaluation facility, and the 11 respondent is not willing to voluntarily go to a crisis residential center or evaluation 12 facility, the court shall grant the application and appoint an attorney to represent the 13 respondent, and the respondent may remain at the crisis stabilization center until 14 admission to a crisis residential center or evaluation facility. If the court does not find 15 clear and convincing evidence [FINDS NO PROBABLE CAUSE], the court shall 16 order the respondent released. 17 * Sec. 4. AS 47.30.708(b) is amended to read: 18 (b) The mental health professional who performs the emergency examination 19 under (a) of this section may admit the respondent to the crisis residential center if the 20 mental health professional has clear and convincing evidence [PROBABLE 21 CAUSE] to believe that 22 (1) the respondent has a mental illness and is suffering an acute 23 behavioral health crisis and, as a result, is likely to cause serious harm to self or others 24 or is gravely disabled; and 25 (2) the respondent's acute behavioral health crisis will be resolved 26 during admission to the crisis residential center. 27 * Sec. 5. AS 47.30.708(c) is amended to read: 28 (c) If a mental health professional admits a respondent to a crisis residential 29 center and a judicial order has not been obtained under AS 47.30.707, the mental 30 health professional may apply for an ex parte order under this section authorizing 31 admission to the crisis residential center. Based on the application, if the court finds
01 that clear and convincing evidence [PROBABLE CAUSE] exists to believe that the 02 respondent has a mental illness and is suffering an acute behavioral health crisis and, 03 as a result, is likely to cause serious harm to self or others or is gravely disabled and 04 the respondent's acute behavioral health crisis will be resolved during admission to a 05 crisis residential center, the court shall grant the application and appoint an attorney to 06 represent the respondent. If the court does not find clear and convincing evidence 07 [FINDS NO PROBABLE CAUSE], the court shall order the respondent released. 08 * Sec. 6. AS 47.30.708(g) is amended to read: 09 (g) If, at a hearing held under (d) of this section, the court reviews a petition 10 for seven-day detention at a crisis residential center, the respondent has the rights 11 listed in AS 47.30.735(b)(1) - (9). At the conclusion of a hearing on a petition for 12 seven-day detention at a crisis residential center, the court 13 (1) may order the respondent detained at the crisis residential center 14 for up to seven days following the respondent's arrival at the crisis stabilization center 15 or the crisis residential center, whichever is earlier, if the court finds there is clear and 16 convincing evidence [PROBABLE CAUSE] to believe that 17 (A) the respondent is suffering an acute behavioral health crisis 18 and, as a result, is likely to cause serious harm to self or others or is gravely 19 disabled; and 20 (B) the respondent's acute behavioral health crisis will be 21 resolved during admission to the crisis residential center; or 22 (2) shall order the respondent released if the court does not find clear 23 and convincing evidence [FINDS NO PROBABLE CAUSE]. 24 * Sec. 7. AS 47.30.715 is amended by adding a new subsection to read: 25 (b) A facility may accept a court order only if the order is transmitted through 26 a distribution method that permits the facility to verify that the order originated from a 27 court. If the facility receives an order through a distribution method that does not 28 permit the facility to verify that the order originated from a court, the facility shall 29 contact the court and request that the court transmit the order to the facility through a 30 suitable distribution method. The court shall immediately comply. A facsimile 31 transmission from a telephone number, or electronic mail received from an electronic
01 mail address, known by the facility to belong to a court is sufficient to satisfy this 02 subsection. 03 * Sec. 8. AS 47.30.725(a) is amended to read: 04 (a) When a respondent is detained for evaluation under AS 47.30.660 - 05 47.30.915, the respondent shall be immediately notified orally and in writing of the 06 rights under this section and shall be provided a copy of all court orders, if any, 07 relating to the detention. Notification must be in a language understood by the 08 respondent. The respondent's guardian, if any, and, if the respondent requests, an adult 09 designated by the respondent, shall also be notified of the respondent's rights under 10 this section and be provided a copy of all court orders, if any, relating to the 11 detention of the respondent. 12 * Sec. 9. AS 47.30.838(a) is amended to read: 13 (a) Except as provided in (c) and (d) of this section, an evaluation facility or 14 designated treatment facility may administer psychotropic medication to a patient 15 without the patient's informed consent, regardless of whether the patient is capable of 16 giving informed consent, only if 17 (1) there is a crisis situation, or an impending crisis situation, that 18 requires immediate use of the medication to preserve the life of, or prevent significant 19 physical harm to, the patient or another person, as determined by a physician, 20 physician assistant, or advanced practice registered nurse; the behavior or condition of 21 the patient giving rise to a crisis under this paragraph and the staff's response to the 22 behavior or condition must be documented in the patient's medical record; the 23 documentation must include an explanation of alternative responses to the crisis that 24 were considered or attempted by the staff and why those responses were not sufficient; 25 and 26 (2) the medication is ordered by a physician, physician assistant, or 27 advanced practice registered nurse; the order 28 (A) may be written or oral and may be received by telephone, 29 facsimile machine, or in person; 30 (B) may include an initial dosage and may authorize additional, 31 as needed, doses; if additional, as needed, doses are authorized, the order must
01 specify the medication, the quantity of each authorized dose, the method of 02 administering the medication, the [MAXIMUM] frequency of administration, 03 the specific conditions under which the medication may be given, and the 04 [MAXIMUM] amount of medication that may be administered to the patient in 05 a 24-hour period; 06 (C) is valid for only 24 hours and may be renewed by a 07 physician, physician assistant, or advanced practice registered nurse for a total 08 of 72 hours, including the initial 24 hours, only after a personal assessment of 09 the patient's status and a determination that there is still a crisis situation as 10 described in (1) of this subsection; upon renewal of an order under this 11 subparagraph, the facts supporting the renewal shall be written into the 12 patient's medical record. 13 * Sec. 10. AS 47.30.838 is amended by adding a new subsection to read: 14 (f) Psychotropic medication administered under this section may be 15 administered to a patient only in the smallest therapeutic dose for the shortest period 16 possible. 17 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 INDIRECT COURT RULE AMENDMENTS. AS 47.30.700(d), enacted by sec. 2 of 20 this Act, and AS 47.30.715(b), enacted by sec. 7 of this Act, have the effect of changing Rules 21 4 and 5, Alaska Rules of Civil Procedure, by restricting the permissible methods by which a 22 court order may be served on a party. 23 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 CONDITIONAL EFFECT. AS 47.30.700(d), enacted by sec. 2 of this Act, and 26 AS 47.30.715(b), enacted by sec. 7 of this Act, take effect only if sec. 11 of this Act receives 27 the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the 28 State of Alaska.