Legislature(2019 - 2020)

2020-03-21 House Journal

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2020-03-21                     House Journal                      Page 2003
SB 120                                                                                                                        
The following, which was moved to the bottom of the calendar (page                                                              
2000), was read the second time:                                                                                                
                                                                                                                                
     CS FOR SENATE BILL NO. 120(HSS)                                                                                            
     "An Act relating to administration of psychotropic medication to a                                                         
     patient without the patient's informed consent; and providing for                                                          
     an effective date."                                                                                                        
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
 FIN RPT 6DP 4NR 1994                                                                                                           
 FN1: ZERO(DHS) 1994                                                                                                            
 FN2: ZERO(DHS) 1994                                                                                                            
                                                                                                                                

2020-03-21                     House Journal                      Page 2004
Amendment No. 1 was offered  by Representatives Claman and Kopp:                                                                 
                                                                                                                                
Page 1, line 1, following "Act" (title amendment):                                                                            
     Insert "establishing an alternative to arrest procedure for                                                              
persons suffering from an acute behavioral health crisis; relating                                                            
to emergency detention for mental health evaluation;"                                                                         
                                                                                                                                
Page 1, line 2, following "consent;":                                                                                         
      Insert "relating to licensure of crisis stabilization centers;"                                                        
                                                                                                                                
Page 1, following line 3:                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Section 1. AS 12.25 is amended by adding a new section to read:                                                            
         Sec. 12.25.031. Alternative to arrest. (a) As an alternative to                                                      
     arrest, a peace officer may, at the officer's discretion, deliver a                                                        
     person to a crisis stabilization center or an evaluation facility or                                                       
     decline to arrest the person if                                                                                            
              (1)  the arresting officer believes in good faith that the                                                        
      person is suffering from an acute behavioral health crisis; and                                                          
              (2)  the person voluntarily agrees to be taken to a crisis                                                        
     stabilization center or an evaluation facility or to promptly seek                                                         
     outpatient mental health treatment.                                                                                        
         (b)  Notwithstanding (a) of this section, a peace officer may,                                                         
     as an alternative to arrest, take a person into emergency custody                                                          
     under AS 47.30.705 and deliver the person to a crisis stabilization                                                        
     center or an evaluation facility.                                                                                          
         (c)  Delivery of a person to a crisis stabilization center or an                                                       
     evaluation facility for examination under (a) of this section does                                                         
     not constitute an involuntary commitment under AS 47.30 or an                                                              
     arrest.                                                                                                                    
         (d)  Before a person delivered to a crisis stabilization center or                                                     
     an evaluation facility under (a) or (b) of this section is released to                                                     
     the community, a mental health professional shall make                                                                     
     reasonable efforts to inform the arresting officer of the planned                                                          
     release if the officer has specifically requested notification and                                                         
     provided the officer's contact information to the crisis stabilization                                                     
     center or evaluation facility.                                                                                             
         (e)  A peace officer is not liable for civil damages arising                                                           
     from an act or omission done with reasonable care and in good                                                              
     faith under this section.                                                                                                  

2020-03-21                     House Journal                      Page 2005
         (f)  An agreement to participate in outpatient treatment or to                                                         
     be delivered to a crisis stabilization center or an evaluation facility                                                    
     under (a) of this section                                                                                                  
              (1)  may not require a person to stipulate to any facts                                                           
     regarding the alleged criminal activity as a prerequisite to                                                               
     participation in a mental health treatment alternative;                                                                    
              (2)  is inadmissible in any criminal or civil proceeding;                                                         
     and                                                                                                                        
              (3)  does not create immunity from prosecution for the                                                            
     alleged criminal activity.                                                                                                 
         (g)  If a person violates an agreement to be delivered to a                                                            
     crisis stabilization center or an evaluation facility or to seek                                                           
     outpatient treatment under (a) of this section,                                                                            
              (1)  a mental health professional shall make reasonable                                                           
     efforts to inform the arresting officer of the person's decision to                                                        
     leave the crisis stabilization center or evaluation facility; and                                                          
              (2)  the original charges may be filed or referred to the                                                         
     prosecutor, as appropriate, and the matter may proceed as                                                                  
     provided by law.                                                                                                           
         (h)  Notwithstanding the other provisions of this section,                                                             
     charges may be filed or referred to the prosecutor, as appropriate,                                                        
     at any time in accordance with law.                                                                                        
         (i)  In this section,                                                                                                  
              (1)  "crisis stabilization center" means a facility licensed                                                      
     under AS 47.32 that meets the definition of "crisis stabilization                                                          
     center" in AS 47.32.900;                                                                                                   
              (2)  "evaluation facility" means an evaluation facility as                                                        
     defined in AS 47.30.915;                                                                                                   
              (3)  "mental health professional" has the meaning given in                                                        
     AS 47.30.915.                                                                                                              
   * Sec. 2. AS 18.65.530(c) is amended to read:                                                                              
         (c)  A peace officer is not required to make an arrest of a                                                        
     person under (a) of this section if the officer has received                                                           
     authorization [NOT TO ARREST] from a prosecuting attorney in                                                               
      the jurisdiction in which the offense under investigation arose                                                          
              (1)  not to arrest the person; or                                                                             
              (2)  to deliver the person to a crisis stabilization center                                                   
     or an evaluation facility as provided in AS 12.25.031(b).                                                              
   * Sec. 3. AS 18.65.530 is amended by adding a new subsection to                                                            
read:                                                                                                                           

2020-03-21                     House Journal                      Page 2006
         (g)  A peace officer who delivers a person to a crisis                                                                 
     stabilization center or evaluation facility under (c) of this section                                                      
     shall provide the peace officer's contact information to the crisis                                                        
     stabilization center or evaluation facility and, if the peace officer                                                      
     is notified under AS 12.25.031(d) of a planned release of the                                                              
     person, shall make reasonable efforts to inform the victim under                                                           
     (a)(1) and (2) of this section of the planned release.                                                                     
   * Sec. 4. AS 47.30.705(a) is amended to read:                                                                              
         (a)  A peace officer, a psychiatrist or physician who is                                                               
     licensed to practice in this state or employed by the federal                                                              
     government, or a clinical psychologist licensed by the state Board                                                         
     of Psychologist and Psychological Associate Examiners who has                                                              
     probable cause to believe that a person is gravely disabled or is                                                          
     suffering from mental illness and is likely to cause serious harm to                                                       
     self or others of such immediate nature that considerations of                                                             
     safety do not allow initiation of involuntary commitment                                                                   
     procedures set out in AS 47.30.700, may cause the person to be                                                             
     taken into custody and delivered to the nearest crisis stabilization                                                   
     center as defined in AS 47.32.900 or the nearest evaluation                                                            
     facility. A person taken into custody for emergency evaluation                                                             
     may not be placed in a jail or other correctional facility except for                                                      
     protective custody purposes and only while awaiting                                                                        
     transportation to a crisis stabilization center or treatment facility.                                                 
     However, emergency protective custody under this section may                                                               
     not include placement of a minor in a jail or secure facility. The                                                         
     peace officer or mental health professional shall complete an                                                              
     application for examination of the person in custody and be                                                                
     interviewed by a mental health professional at the crisis                                                              
     stabilization center, evaluation facility, or treatment facility.                                                     
   * Sec. 5. AS 47.30.710(a) is amended to read:                                                                              
         (a)  A respondent who is delivered under AS 47.30.700 -                                                                
     47.30.705 to an evaluation facility, except for delivery to a crisis                                                   
     stabilization center as defined in AS 47.32.900, for emergency                                                         
     examination and treatment shall be examined and evaluated as to                                                            
     mental and physical condition by a mental health professional and                                                          
     by a physician within 24 hours after arrival at the facility. A                                                        
     respondent who is delivered under AS 47.30.705 to a crisis                                                             
     stabilization center shall be examined by a mental health                                                              
     professional as defined in AS 47.30.915 within three hours                                                             
     after arriving at the center."                                                                                         

2020-03-21                     House Journal                      Page 2007
Page 1, line 4:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 6"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 2, following line 21:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 7. AS 47.32.010(b) is amended to read:                                                                                
         (b)  This chapter and regulations adopted under this chapter                                                           
     apply to the following entities:                                                                                           
              (1)  ambulatory surgical centers;                                                                                 
              (2)  assisted living homes;                                                                                       
              (3)  child care facilities;                                                                                       
              (4)  child placement agencies;                                                                                    
              (5)  foster homes;                                                                                                
              (6)  free-standing birth centers;                                                                                 
              (7)  home health agencies;                                                                                        
              (8)  hospices, or agencies providing hospice services or                                                          
     operating hospice programs;                                                                                                
              (9)  hospitals;                                                                                                   
              (10)  intermediate care facilities for individuals with an                                                        
     intellectual disability or related condition;                                                                              
              (11)  maternity homes;                                                                                            
              (12)  nursing facilities;                                                                                         
              (13)  residential child care facilities;                                                                          
             (14)  residential psychiatric treatment centers;                                                                  
              (15)  runaway shelters;                                                                                           
              (16)  rural health clinics;                                                                                   
              (17)  crisis stabilization centers.                                                                           
   * Sec. 8. AS 47.32.900 is amended by adding a new paragraph to                                                             
read:                                                                                                                           
              (22)  "crisis stabilization center" means                                                                         
                  (A)  a facility, or a part or unit of a facility, that has                                                    
         been designed to evaluate, stabilize, and treat, on a short-term                                                       
         basis and without the use of hospitalization, individuals                                                              
         experiencing an acute behavioral health crisis;                                                                        
                  (B)  a 23-hour crisis stabilization center;                                                                   
                  (C)  a crisis residential center; or                                                                          
                  (D)  a subacute facility.                                                                                     

2020-03-21                     House Journal                      Page 2008
   * Sec. 9. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
     TRANSITION: LICENSING. Notwithstanding AS 47.32.010(b),                                                                    
as amended by sec. 7 of this Act, the Department of Health and Social                                                           
Services may, before a crisis stabilization center is licensed under                                                            
AS 47.32.010(b), as amended by sec. 7 of this Act, issue a provisional                                                          
license to or reimburse the crisis stabilization center under a waiver                                                          
that is in effect before the effective date of sec. 7 of this Act."                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 2, line 28:                                                                                                                
     Delete "Section 2"                                                                                                         
     Insert "Section 10"                                                                                                        
                                                                                                                                
Representative Claman moved and asked unanimous consent that                                                                    
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Eastman objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 120(HSS)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  24   NAYS:  8   EXCUSED:  6   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Ortiz, Shaw, Spohnholz, Story, Stutes, Talerico, Tarr, Thompson,                                                                
Tuck, Wool, Zulkosky                                                                                                            
                                                                                                                                
Nays:  Eastman, Gillis, Johnson, Prax, Pruitt, Sullivan-Leonard,                                                                
Tilton, Vance                                                                                                                   
                                                                                                                                
Excused:  Jackson, Lincoln, Merrick, Neuman, Rasmussen, Rauscher                                                                
                                                                                                                                
Absent:  Carpenter, LeDoux                                                                                                      
                                                                                                                                
And so, Amendment No. 1 was adopted, and the new title follows:                                                                 
                                                                                                                                

2020-03-21                     House Journal                      Page 2009
     CS FOR SENATE BILL NO. 120(HSS) am H                                                                                       
     "An Act establishing an alternative to arrest procedure for persons                                                        
     suffering from an acute behavioral health crisis; relating to                                                              
     emergency detention for mental health evaluation; relating to                                                              
     administration of psychotropic medication to a patient without the                                                         
     patient's informed consent; relating to licensure of crisis                                                                
     stabilization centers; and providing for an effective date."                                                               
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
CSSB 120(HSS) am H be considered engrossed, advanced to third                                                                   
reading, and placed on final passage.                                                                                           
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSSB 120(HSS) am H will advance to third reading on the March 23                                                                
calendar.