Legislature(2021 - 2022)
2022-05-09 House Journal
Full Journal pdf2022-05-09 House Journal Page 2825 HB 172 The following, which was read the second time and moved to the bottom of the calendar (page 2817), was before the House: HOUSE BILL NO. 172 "An Act relating to admission to and detention at a subacute mental health facility; establishing a definition for 'subacute mental health facility'; establishing a definition for 'crisis residential center'; relating to the definitions for 'crisis stabilization center'; relating to the administration of psychotropic medication in a crisis situation; relating to licensed facilities; and providing for an effective date." Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 172(FIN) "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." There being no objection, it was so ordered. 2022-05-09 House Journal Page 2826 Amendment No. 1 was offered by Representative Kurka: Page 11, line 24: Delete "during not [NO] more than three crisis periods" Insert "[DURING NO MORE THAN THREE CRISIS PERIODS]" Representative Kurka moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Spohnholz objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 172(FIN) Second Reading Amendment No. 1 YEAS: 4 NAYS: 34 EXCUSED: 0 ABSENT: 2 Yeas: Eastman, Kurka, Rauscher, Vance Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Prax, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Wool, Zulkosky Absent: Kreiss-Tomkins, Patkotak And so, Amendment No. 1 was not adopted. Representative Tuck moved and asked unanimous consent that Representative Kreiss-Tomkins be excused from a call of the House today. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Kurka: Page 6, line 29, following "holidays": Insert ", except that if the exclusion of Saturdays, Sundays, and legal holidays from the computation of the 72-hour period would result in the respondent being held for longer than 72 hours, the 72- 2022-05-09 House Journal Page 2827 hour period ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday" Page 10, line 31, following "facility": Insert ", except that if the exclusion of Saturdays, Sundays, and legal holidays from the computation of a 72-hour evaluation period or 48-hour detention period would result in the respondent being held for longer than 72 hours or 48 hours, as applicable, the period ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday" Representative Kurka moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Claman objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Kurka: Page 3, following line 15: Insert a new bill section to read: "* Sec. 9. AS 12.25.031 is amended by adding a new subsection to read: (j) An individual being transported to a crisis stabilization center, crisis residential center, or evaluation facility by a peace officer, or an individual involuntarily committed to a crisis stabilization center, crisis residential center, or evaluation facility under (b) of this section, possesses all rights the individual would possess if under arrest." Renumber the following bill sections accordingly. Page 14, lines 28 - 29: Delete "secs. 1 - 31" Insert "secs. 1 - 32" Page 16, lines 1 - 2: Delete "sec. 27" Insert "sec. 28" 2022-05-09 House Journal Page 2828 Page 16, line 3: Delete "sec. 27" Insert "sec. 28" Page 16, line 12: Delete "Section 32" Insert "Section 33" Representative Kurka moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Spohnholz objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 172(FIN) am Second Reading Amendment No. 3 YEAS: 5 NAYS: 32 EXCUSED: 1 ABSENT: 2 Yeas: Eastman, Gillham, Kurka, Rauscher, Vance Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnson, Josephson, Kaufman, LeBon, McCabe, McCarty, McKay, Nelson, Ortiz, Prax, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Wool, Zulkosky Excused: Kreiss-Tomkins Absent: Merrick, Patkotak And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative McCarty: Page 15, line 15, following "patient": Insert "and staff" Page 15, line 16, following "patient": Insert "and staff" 2022-05-09 House Journal Page 2829 Representative McCarty moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Claman objected and withdrew the objection. There being no further objection, Amendment No. 4 was adopted. Amendment No. 5 was offered by Representative Eastman: Page 15, line 18, following "means": Insert "being administered medication involuntary, or" Representative Eastman moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 172(FIN) am Second Reading Amendment No. 5 YEAS: 26 NAYS: 12 EXCUSED: 1 ABSENT: 1 Yeas: Carpenter, Cronk, Drummond, Eastman, Gillham, Hopkins, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Prax, Rasmussen, Rauscher, Shaw, Spohnholz, Story, Tarr, Thompson, Tilton, Vance, Wool Nays: Claman, Edgmon, Fields, Foster, Hannan, Josephson, Ortiz, Schrage, Snyder, Stutes, Tuck, Zulkosky Excused: Kreiss-Tomkins Absent: Patkotak And so, Amendment No. 5 was adopted. Representative Tuck moved and asked unanimous consent that CSHB 172(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. 2022-05-09 House Journal Page 2830 There was objection. CSHB 172(FIN) am will advance to third reading on tomorrow's calendar.