03/13/1996 01:30 PM Senate JUD

          SB 159 MENTAL HEALTH TREATMENT DECLARATIONS                         
                                                                              
 SENATOR STEVE RIEGER, sponsor of SB 159, summarized the legislation           
 as follows.  SB 159 provides advance directives for mental health             
 treatment.  Currently patients are entitled to make an informed               
 consent about the type of treatment used for mental illness however           
 when patients undergo treatment they are often not legally                    
 competent to make treatment decisions.  SB 159 creates a structure            
 whereby a potential patient may, in advance, appoint an attorney-             
 in-fact to make the decision on the patient's behalf, or to fill              
 out an advanced directive in writing which states the preferred               
 course of treatment when legally incompetent.                                 
                                                                               
 SENATOR TAYLOR noted his appreciation for the legislation since               
 there are times when people are lucid and capable of making this              
 type of decision yet know the possibility of becoming incompetent             
 in the future exists.                                                         
                                                                               
 SENATOR GREEN announced three of the committee members heard                  
 testimony on SB 159 in the Senate HESS committee.                             
                                                                               
 DOROTHY PEAVEY, representing Mental Health Consumers of Alaska,               
 testified in support of SB 159.  The bill gives more power and                
 authority to mental health consumers in making treatment decisions            
 at a time when they have very little voice or validity.  If the               
 choices a patient makes are inappropriate, medical staff can                  
 consult with the attorney-in-fact.  SB 159 also provides medical              
 staff with a starting point, because often patients arrive with               
 little paperwork or treatment history and people in crisis are not            
 the best historians or in a position to give permission for                   
 medication.  This measure has been endorsed by the Mental Health              
 Board, the Mental Health Directors' Association, Southcentral                 
 Counseling, Alaska Psychologists' Association, Charter North                  
 Hospital, Nursing Home and Hospital Association, the Bridges                  
 Campaign, and the Department of Health and Social Services.                   
 Although SB 159 has a zero fiscal note, it may save money because             
 at present, when a person is admitted to a hospital and refuses               
 medication, the state must go to a forced medication hearing, tying           
 up the time and efforts of a judge, an attorney general, a public             
 defender, and a state psychiatrist.  SB 159 will decrease the need            
 for many of these hearings.                                                   
                                                                               
 SENATOR TAYLOR noted he has met with Dr. Abel who voiced the                  
 Department of Health and Social Services' support for SB 159.                 
                                                                               
 RICHARD RAINERY, Executive Director of the Alaska Mental Health               
 Board, expressed the Board's support for SB 159 and urged the                 
 committee's favorable action.                                                 
                                                                               
 There being no further testimony, Senators Ellis and Green jointly            
 moved CSSB 159(HES) to the next committee of referral with                    
 individual recommendations.  There being no objection, it was so              
 ordered.