Legislature(2025 - 2026)DAVIS 106
03/25/2025 03:15 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HJR9 | |
| HB96 | |
| HB52 | |
| State Medical Board | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 96 | TELECONFERENCED | |
| *+ | HB 52 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HJR 9 | TELECONFERENCED | |
HB 52-MINORS & PSYCHIATRIC HOSPITALS
4:20:44 PM
CHAIR MINA announced that the next order of business would be
HOUSE BILL NO. 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."
4:20:56 PM
The committee took an at-ease from 4:20 p.m. to 4:21 p.m.
4:21:56 PM
REPRESENTATIVE MEARS moved to adopt the proposed committee
substitute (CS) for HB 52, Version 34-LS0399\N, Radford,
3/24/25, as the working document.
CHAIR MINA object for the purpose of discussion.
4:22:23 PM
MATTIE HULL, Staff, Representative Maxine Dibert, on behalf of
Representative Dibert, prime sponsor, provided an explanation of
changes in the proposed CS for HB 52, Version N.
CHAIR MINA removed her objection. There being no further
objection, Version N was before the committee.
4:25:45 PM
REPRESENTATIVE SCHWANKE asked how many minors HB 52 addresses.
MR. HULL responded that, as of 2022, 450 minors were in
psychiatric care both in state and out of state.
REPRESENTATIVE SCHWANKE asked how many children are in
psychiatric hospitals each year on average.
MR. HULL responded that on an annual basis, about 300 children
enter psychiatric care every year.
4:26:45 PM
CHAIR MINA asked if the communication requirement for families
with youth, under HB 52, Version N, would be duplicative with
the existing rights of psychiatric patients to communicate.
MR. HULL responded that he is unsure of the answer currently.
MATTHEW THOMAS, Nurse Consultant II, Health Facilities Licensing
& Certification, Division of Healthcare Services, Department of
Health, said that he would need to compare HB 52, Version N, to
current legislation before answering this question.
CHAIR MINA asked what the repercussions would be for any
facilities that did not comply with HB 52, Version N.
MR. HULL responded that Version N would not define repercussions
but would establish rights for children under psychiatric care
and would enable the right to inspection and access.
MR. THOMAS said that actions can be brought against a facility,
ranging from a warning letter to termination.
CHAIR MINA asked about the process of issuing a warning letter.
MR. THOMAS responded that anybody could file a complaint with
the Department of Health (DOH) and then that complaint is
triaged to determine severity, investigations, and enforcement
actions.
4:32:29 PM
REPRESENTATIVE PRAX asked if the appeals process is listed on
the Department of Health (DOH) website.
MR. THOMAS responded that the facilities have an appeals process
within them which patients can utilize and if that is not
successful, a patient can file a grievance with DOH.
REPRESENTATIVE PRAX asked if the grievance filing process is
accessible on the DOH website.
MR. THOMAS responded that there is an accessible link on the DOH
website for individuals looking to file a complaint against
healthcare facilities.
4:35:16 PM
REPRESENTATIVE RUFFRIDGE asked for the purpose of unannounced
inspections of psychiatric facilities. He asked if HB 52,
Version N, would also require inspections of out-of-state
facilities where Alaskan children are residing.
MR. HULL responded that he believes out-of-state facilities
would be inspected.
4:37:21 PM
REPRESENTATIVE MAXINE DIBERT, Alaska State Legislature, as prime
sponsor, presented HB 52, [Version N]. She paraphrased the
sponsor statement [included in the committee packet], which read
as follows [original punctuation provided]:
House Bill 52 would increase transparency and parental
oversight of Alaskan children who are placed in
psychiatric hospitals. In 2022, the United States
Department of Justice (DOJ) released a report after
conducting an extensive investigation into the
institutionalization of Alaskan children with
behavioral health challenges at psychiatric hospitals
and psychiatric residential treatment facilities. In
2020, the State institutionalized over 800 children at
such facilities, more than one third of whom were
Alaska Native.
The State often places children hundreds of miles from
their families and communities. As a result, many
parents, unable to regularly visit treatment
facilities, worry that their children may be
vulnerable to abuse while away from home. Indeed,
local, and national reporting has raised concerns
about the extensive use of seclusion and restraints on
children inside Alaska's facilities, including forced
injection of sedatives. While the medical community
agrees that treatment providers should only use these
tactics as a last resort, in 2004, the Disability Law
Center of Alaska uncovered an unreasonably high rate
of seclusion and restraint: 261 incidents in a
threemonth period.
The institutionalization of children with behavioral
health challenges can last weeks, months, or even
years. Such long-term placement is devastating for all
families and is especially traumatic for Alaska Native
families who experienced the harm of family separation
when the government forcibly removed their loved ones
and sent them to boarding schools.
House Bill 52 brings three reforms to reduce the risk
of abuse, strengthen family connections, and improve
the transparency of Alaska's psychiatric hospitals.
First, the bill ensures that children can maintain
communication with their parents or legal guardians
while institutionalized. Second, the bill requires
unannounced, thorough inspections by state public
health officials twice annually. Third, the bill
ensures that facilities are transparent about the use
of seclusion and restraint. The bill also requires
Alaska Department of Health to write and release a
report to the Legislature with data from these
psychiatric hospitals where minors are held.
In response to the DOJ report in 2022, Alaska's
behavioral health care providers are working to
increase the capacity of in-State, in-patient
behavioral healthcare services for minors. It is
essential that children, parents, and the public know
that the rights of our youth are protected and that
the facilities treating young people are safe.
4:41:42 PM
REPRESENTATIVE RUFFRIDGE asked again about the purpose of an
unannounced inspection.
MR. HULL responded that the goal is to fulfill Section 6 of the
Department of Justice's findings and remedial plan. He said
these inspections would provide more oversight of these
facilities.
4:43:25 PM
REPRESENTATIVE GRAY asked for an explanation for why 50 percent
of minor patients at psychiatric hospitals would be interviewed
under HB 52. He asked how many children are typically at these
facilities in Alaska, and how many interviews that would
require.
MR. HULL responded that 50 percent was chosen as a
representative sample size. He said that the size of these
facilities varies greatly.
REPRESENTATIVE GRAY said he appreciates the representative size
of a 50 percent sample but expressed concern over the length of
time that would be needed to conduct so many interviews.
MR. HULL responded that a staff member from the DOH would be
assigned this task as their sole focus.
REPRESENTATIVE GRAY asked if other states have implemented
similar reporting requirements to that under HB 52, Version N,
and if those requirements actually changed the behaviors of
staff at these facilities.
MR. HULL responded that HB 52, Version N, would bring the state
in compliance with the Americans with Disabilities Act (ADA).
He emphasized that seclusion and restraint have been overused
beyond any treatment plans at psychiatric facilities in Alaska.
He said the amount of their uses show that seclusion and
restraint have been used as punishment within these facilities.
4:48:13 PM
CHAIR MINA announced invited testimony.
4:48:31 PM
BENJAMIN MALLOTT, President, Alaska Federation of Natives,
testified in support of HB 52, Version N. He said that access
to mental health services is very limited in rural Alaska. He
said that about one third of minors in psychiatric hospitals in
Alaska are Alaska Native and emphasized the support that Alaska
Federation of Natives has for HB 52, Version N.
4:51:07 PM
MATEO JAIME, Community Relations Liaison, Facing Foster Care,
described his personal experience with a psychiatric facility.
He emphasized the length of his stay at this facility, the
traumas he experienced and witnessed there, and the lack of
communication he was allowed to have.
4:55:57 PM
REPRESENTATIVE PRAX asked Mr. Jaime if a specific guardian was
assigned to him to represent him within that psychiatric
facility.
MR. JAIME responded that he had a case worker, but they never
showed up for him. He also said that he faced difficulties with
the guardian assigned to him by the facility. He also explained
that he had no way of contacting his case worker.
4:58:13 PM
CHAIR MINA opened public testimony on HB 54, Version N.
4:58:57 PM
STEVEN PEARCE, Director, Citizens Commission on Human Rights,
said that there is a growing focus on the overuse of psychiatric
drugs on youth in psychiatric facilities. He said that many
children in these facilities are not receiving adequate care.
He emphasized the right youth must have to make complaints about
a facility and the rights to communication, privacy, and
visitors.
5:02:46 PM
REPRESENTATIVE PRAX asked if the Citizens Commission on Human
Rights is a state agency or an independent organization.
MR. PEARCE responded that the Citizens Commission on Human
Rights is a 501 (c)(3) non-profit organization.
REPRESENTATIVE PRAX asked if there is a formal way for people to
get in touch with the organization.
MR. PEARCE responded that he can follow-up with an email to the
committee.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
^State Medical Board
State Medical Board
5:03:36 PM
CHAIR MINA announced that the final order of business would be
the confirmation hearing for the governor's appointee to the
State Medical Board.
5:03:51 PM
SAMANTHA SMITH, PA, Appointee, State Medical Board, provided a
history of her education and clinical experience. She
emphasized her experience working with under-served communities
and her interest in the state of Alaska. She said that Alaska
has subpar medicine and provided examples of this. She said she
would like to influence the medical community in a positive way.
5:09:58 PM
The committee took a brief at-ease at 5:10 p.m.
5:10:41 PM
MS. SMITH, in response to questions from Representative
Ruffridge, said that she wants to serve on the State Medical
Board because it ensures the safety of patients in Alaska. She
emphasized that she is a "patient advocate at heart." She said
that the licenses the board gives out must be scrutinized more.
She said she is worried about the number of complaints regarding
patient harm that are coming to the board from citizens.
5:15:38 PM
MS. SMITH, in response to questions from Representative Gray,
said that she works for a medical clinic and explained her
schedule and the regenerative medicine on which she focuses.
She emphasized that she does not take medical advice from a
chiropractor. She added that she meets on a quarterly basis
with Dr. Hudson, from whom she receives her medical advice, and
she does monthly reports with the chiropractor with whom she
works. She said that she is not involved in any organizations
as a PA. She said she did not feel the need to be a part of one
and she does not work with any other PAs directly.
5:22:38 PM
CHAIR MINA opened public testimony on the confirmation hearing
on the governor's appointee to the State Medical Board.
5:22:54 PM
SARAH HOOD, PA, representing self, emphasized the unique
challenges of practicing medicine in Alaska.
5:24:40 PM
WENDY SMITH, PA, representing self, testified in opposition to
the appointment of Ms. Smith to the State Medical Board. She
said Ms. Smith is unqualified and lacks broad clinical
experience in Alaska.
5:26:15 PM
CANDACE HICKEL, PA, representing self, testified in opposition
to the appointment of Ms. Smith to the State Medical Board. She
emphasized Ms. Smith's lack of longevity in the state and lack
of understanding of PA professional practice in Alaska.
5:27:25 PM
CHAIR MINA, after ascertaining that there was no one else who
wished to testify, closed public testimony on the confirmation
hearing.
5:27:28 PM
The committee took a brief at-ease at 5:27 p.m.
5:27:59 PM
CHAIR MINA invited Ms. Smith to return for a future hearing to
address committee questions.
5:28:18 PM
ADJOURNMENT
There being no further business before the committee, the House
Health and Social Services Standing Committee meeting was
adjourned at 5:28p.m.