CSHB 52(HSS) am: "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 CS FOR HOUSE BILL NO. 52(HSS) am 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 the professional person in charge, to have 12 confidential telephone or video communication each week for at least two cumulative 13 hours with the minor's parent or legal guardian or other adult approved by the
01 professional person in charge. The minor, the minor's parent or legal guardian, or 02 another adult approved by the professional person in charge may request the 03 confidential communication. The psychiatric hospital shall facilitate the 04 communication. 05 * Sec. 2. AS 47.32.030 is amended by adding new subsections to read: 06 (e) The Department of Health shall prepare an annual report regarding minors 07 in psychiatric hospitals and, not later than November 1 of each year, publish the report 08 on the department's Internet website, submit the report to the senate secretary and the 09 chief clerk of the house of representatives, and notify the legislature that the report is 10 available. The report must 11 (1) contain information on the uses of seclusion and restraint reported 12 under AS 47.32.200(g), including the aggregate total of the uses of seclusion or 13 restraint at each psychiatric hospital in which minors undergo evaluation or inpatient 14 treatment, and the type of psychotropic medication used, if any, to carry out each 15 chemical restraint; 16 (2) summarize the department's findings from the inspections 17 conducted under AS 47.32.110(d), including a summary of any reports of abuse or 18 neglect made as a result of the required wellness check; and 19 (3) contain data on the number of minors who received residential care 20 at psychiatric hospitals, including information provided by the Department of Family 21 and Community Services under (f) of this section regarding minors in state custody 22 who receive care at psychiatric hospitals. 23 (f) The Department of Family and Community Services shall annually 24 (1) collect data on the number of minors in state custody who received 25 residential care at psychiatric hospitals in the state, the number of minors in state 26 custody who received residential care at out-of-state psychiatric hospitals, and the 27 amount of time each of those minors spent at psychiatric hospitals in each of those 28 settings; and 29 (2) provide the data collected under (1) of this subsection to the 30 Department of Health for inclusion in the report required under (e) of this section. 31 * Sec. 3. AS 47.32.110(c) is amended to read:
01 (c) Upon petition of the department with licensing authority for the entity 02 under AS 47.32.010 and after a hearing held upon reasonable notice to the entity, the 03 court shall issue an order to an officer or employee of that department authorizing the 04 officer or employee to enter for any of the purposes described in (a) or (d) of this 05 section. 06 * Sec. 4. AS 47.32.110 is amended by adding a new subsection to read: 07 (d) A designated agent or employee of the Department of Health shall 08 conduct, at least twice each year, an unannounced inspection of each psychiatric 09 hospital in which minors undergo evaluation or inpatient treatment and in which a 10 minor has spent more than three nights in the preceding year. In conducting an 11 inspection under this subsection, the Department of Health shall interview at least 50 12 percent of the minor patients of the psychiatric hospital. Staff of the psychiatric 13 hospital may not be present during an interview conducted under this subsection 14 unless the Department of Health requests staff presence during the interview to ensure 15 safety. The interview must include a standardized age-appropriate wellness check on 16 the minor with questions designed to identify signs of abuse, including physical injury 17 or neglect, mental injury, or sexual abuse or exploitation. When there is reasonable 18 cause to suspect abuse or neglect has occurred, the designated agent or employee of 19 the Department of Health shall ensure that the matter is documented and immediately 20 referred to the office in the Department of Family and Community Services with 21 responsibility for child protection, law enforcement, and other investigative authorities 22 with jurisdiction. The Department of Health shall, consistent with applicable 23 confidentiality and safety requirements, provide timely notification to the minor's 24 parent or legal guardian of the interview and any concerns noted in the interview. 25 * Sec. 5. AS 47.32.200 is amended by adding a new subsection to read: 26 (g) A psychiatric hospital shall notify the Department of Health in writing of 27 each use of seclusion or restraint on a minor, including the use of a chemical, 28 mechanical, or physical restraint. The psychiatric hospital shall notify the Department 29 of Health and the parent or guardian of the minor not later than 72 hours after the use 30 of seclusion or restraint. The notification provided by a psychiatric hospital regarding 31 the use of a chemical restraint must include the type of psychotropic medication used
01 to carry out the chemical restraint. 02 * Sec. 6. AS 47.32.900 is amended by adding a new paragraph to read: 03 (22) "chemical restraint" means a psychopharmacologic drug that is 04 used on a patient for restraint, discipline, or convenience and that 05 (A) is not required to treat a medical symptom; or 06 (B) is used to treat a patient's medical symptom, but is given to 07 the patient in a higher dose than is needed to treat the patient's medical 08 symptom. 09 * Sec. 7. This Act takes effect July 1, 2026.