Legislature(2025 - 2026)BUTROVICH 205
01/30/2025 03:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Medicaid 1115 Waiver Update | |
| SB44 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 44 | TELECONFERENCED | |
SB 44-MINORS & PSYCHIATRIC HOSPITALS
4:24:34 PM
CHAIR DUNBAR reconvened the meeting and announced the
consideration of SENATE BILL NO. 44 "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."
4:25:48 PM
CHAIR DUNBAR opened public testimony on SB 44.
4:26:15 PM
KATHLEEN WEDEMEYER, Deputy Director, Citizens Commission on
Human Rights, Seattle, Washington, testified in support of SB 44
with concerns. She stated Citizens Commission on Human Rights is
a psychiatric watchdog group that supports the main goals of SB
44 to reduce abuse risk, improve family connections, and
increase transparency in psychiatric hospitals for minors. She
advocated for additions to SB 44, including a review of the use
of psychiatric medications, especially powerful or atypical
drugs, and a shift toward non-coercive, drug-free treatments.
She cited concerns about severe side effects of psychiatric
drugs and the lack of objective medical tests to diagnose
psychiatric conditions in youth. She also recommended mandatory
medical screening for minors upon admission to rule out
underlying physical causes of emotional distress and urged
support for an amended version of SB 44.
4:28:11 PM
CHAIR DUNBAR closed public testimony on SB 44.
4:28:28 PM
SENATOR CLAMAN speaking as sponsor provided comments on SB 44.
He responded to earlier questions regarding the term "overseeing
physician" on page 1, line 11, by recommending it be changed to
"professional person in charge," a term used elsewhere in Title
47. He explained that this change would clarify that the
individual making decisions about limiting parent-youth
communication must be a higher-level supervising care provider
such as a physician, physician assistant, or psychologistrather
than the broader treatment team. He stated that an amendment
reflecting this change will be introduced, along with a second
amendment to shift data collection responsibilities noted on
page 2, lines 1824, from the Department of Family and Community
Services to the Department of Health. He also noted that the
Department of Health is available to respond to earlier
questions regarding the use of body cameras or video monitoring
in psychiatric treatment settings.
4:30:33 PM
SENATOR GIESSEL acknowledged the previous testifier's concerns
about the use of psychiatric medications in young people and
agreed that such treatments can potentially cause lasting
changes to neural pathways. She cautioned against prescribing
specific healthcare approaches through legislation. She affirmed
that the testifier raised a valid and important point.
4:31:20 PM
SENATOR CLAMAN expressed agreement with Senator Giesel's
concerns about the risks of legislating specific medication use
for youth. He cautioned against placing restrictions in statute
on particular drugs, noting the evolving nature of
pharmaceutical treatments and the potential for new medications
to show promise initially but later reveal serious issues. He
supported raising concerns about youth medication use but
suggested that such matters are better addressed through
regulation, which offers greater flexibility to adapt over time.
He acknowledged the importance of the issue but was uncertain
how to effectively address it through bill language.
4:32:21 PM
SENATOR GIESSEL referred to SB 44, Section 3, which outlines an
annual report requirement, and suggested it could include data
on the frequency of pharmaceutical interventions. She stated
that adding this information could help identify trends,
encourage self-examination by providers, and support comparisons
to best practices. She noted she would need to consider how best
to phrase the requirement but believed it would prompt valuable
reflection on medication use.
4:32:56 PM
CHAIR DUNBAR commented that, in addition to concerns about
psychiatric medications, there is clear evidence that social
media use is also altering brain chemistry. Although not
directly related to SB 44, he suggested that society should
critically examine the impact of smartphones and digital
platforms on mental health, especially when discussing factors
that affect brain development.
4:33:18 PM
SENATOR HUGHES stated she agreed with both comments by Senator
Giessel and Senator Dunbar. She recalled prior Judiciary
Committee testimony about the use of restraint on minors and
emphasized that expert witnesses clearly stated restraint should
be used only as a last resort and strictly for life safety
situations. She described scenarios where restraint might be
justifiedsuch as preventing a child from self-harmbut raised
concerns about misuse and potential consequences for providers.
She questioned whether the designated "professional person in
charge," as proposed in the bill language, is subject to formal
oversight or disciplinary action if restraint is used
improperly. She shared that parents have voiced concerns about
inappropriate use of restraint and reiterated the importance of
accountability and transparency, including her prior suggestion
about video monitoring.
4:35:22 PM
SENATOR CLAMAN stated that the foundation for the legislation
stems from findings in a U.S. Department of Justice report,
which identified overuse of both physical and chemical
restraints in psychiatric settings. He emphasized that the
bill's notice requirementsto both the Department of Health and
parentsaim to increase transparency when restraint is used,
enabling better oversight and investigation if misuse occurs. He
said the hope is that increased transparency will reduce
reliance on both physical and pharmaceutical restraints. He
added that families have the option to pursue malpractice
litigation if restraint is misused and noted that mandated
reporting will help monitor usage trends and inform whether
overuse continues. SB 44 creates transparency that doesn't
current exist.
4:37:00 PM
SENATOR HUGHES asked whether the licensing boards overseeing the
designated "professional person in charge" have the authority to
suspend or revoke licenses in cases of abuse or inappropriate
use of restraint. She emphasized the importance of
accountability, especially if reporting reveals repeated use at
a specific facility, and questioned whether consequences exist
for individuals misusing their authority.
SENATOR CLAMAN confirmed that consequences do exist within
professional licensing systems for providers who fail to follow
proper practices. He acknowledged that while he does not know
all the specific procedures, he is aware that physicians and
other licensed providers can be brought before their respective
boards when concerns about their conduct arise.
4:38:44 PM
SENATOR CLAMAN asked if the committee wanted to hear from the
Department of Health regarding cameras.
4:39:08 PM
ROBERT NAVE, Division Operations Manager, Division of Health
Care Services, Department of Health (DOH), Anchorage, Alaska,
answered questions on SB 44. stated that the department would
provide a written response to questions about the use of cameras
during restraint procedures, due to overlapping federal and
state regulations. He explained that when the Division of
Healthcare Services receives a complaint regarding improper use
of restraint, an investigation is conducted by the Health
Facility Certification and Licensing program. If the
investigation finds that a specific licensed professional was
responsible for the inappropriate restraint, the case is
referred to the relevant professional licensing board for
further review and potential action.
4:40:18 PM
CHAIR DUNBAR [held SB 44 in committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| SHSS 1115 Medicaid 1.30.24.pdf |
SHSS 1/30/2025 3:30:00 PM |