HB 52: "An Act relating to the rights of minors undergoing evaluation or inpatient treatment at psychiatric hospitals; relating to the use of seclusion or restraint of minors at psychiatric hospitals; relating to a report published by the Department of Health; relating to inspections by the Department of Health of certain psychiatric hospitals; and providing for an effective date."
00 HOUSE BILL NO. 52 01 "An Act relating to the rights of minors undergoing evaluation or inpatient treatment at 02 psychiatric hospitals; relating to the use of seclusion or restraint of minors at psychiatric 03 hospitals; relating to a report published by the Department of Health; relating to 04 inspections by the Department of Health of certain psychiatric hospitals; and providing 05 for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 47.30 is amended by adding a new section to read: 08 Sec. 47.30.843. Minors undergoing inpatient mental health evaluation and 09 treatment. A minor undergoing evaluation or inpatient treatment at a psychiatric 10 hospital has the right, unless it is otherwise prohibited by law or court order or 11 considered therapeutically unadvisable by an overseeing physician, to have 12 confidential telephone or video communication each week for at least one cumulative 13 hour over not more than four occasions with the minor's parent or legal guardian or
01 other adult approved by an overseeing physician. The psychiatric hospital shall 02 facilitate the communication. 03 * Sec. 2. AS 47.32.030 is amended by adding new subsections to read: 04 (e) The Department of Health shall prepare an annual report regarding minors 05 in psychiatric hospitals and, not later than November 1 of each year, publish the report 06 on the department's Internet website, submit the report to the senate secretary and the 07 chief clerk of the house of representatives, and notify the legislature that the report is 08 available. The report must 09 (1) contain information on the uses of seclusion and restraint reported 10 under AS 47.32.200(g), including the aggregate total of the uses of seclusion or 11 restraint at each psychiatric hospital in which minors undergo evaluation or inpatient 12 treatment; 13 (2) summarize the department's findings from the inspections 14 conducted under AS 47.32.110(d); and 15 (3) contain data provided by the Department of Family and 16 Community Services under (f) of this section regarding minors who receive care at 17 psychiatric hospitals. 18 (f) The Department of Family and Community Services shall annually 19 (1) collect data on the number of minors who received residential care 20 at psychiatric hospitals in the state, the number of minors in state custody who 21 received residential care at out-of-state psychiatric hospitals, and the amount of time 22 each of those minors spent at psychiatric hospitals in each of those settings; and 23 (2) provide the data collected under (1) of this subsection to the 24 Department of Health for inclusion in the report required under (e) of this section. 25 * Sec. 3. AS 47.32.110(c) is amended to read: 26 (c) Upon petition of the department with licensing authority for the entity 27 under AS 47.32.010 and after a hearing held upon reasonable notice to the entity, the 28 court shall issue an order to an officer or employee of that department authorizing the 29 officer or employee to enter for any of the purposes described in (a) or (d) of this 30 section. 31 * Sec. 4. AS 47.32.110 is amended by adding a new subsection to read:
01 (d) A designated agent or employee of the Department of Health shall 02 conduct, at least twice each year, an unannounced inspection of each psychiatric 03 hospital in which minors undergo evaluation or inpatient treatment and in which a 04 minor has spent more than three nights in the preceding year. In conducting an 05 inspection under this subsection, the Department of Health shall interview at least 50 06 percent of the minor patients of the psychiatric hospital. Staff of the psychiatric 07 hospital may not be present during an interview conducted under this subsection. 08 * Sec. 5. AS 47.32.200 is amended by adding a new subsection to read: 09 (g) A psychiatric hospital shall notify the Department of Health in writing of 10 each use of seclusion or restraint on a minor, including the use of a chemical, 11 mechanical, or physical restraint. The psychiatric hospital shall notify the Department 12 of Health and the parent or guardian of the minor not later than one business day after 13 the use of seclusion or restraint. 14 * Sec. 6. This Act takes effect July 1, 2025.