Legislature(2021 - 2022)GRUENBERG 120
02/25/2022 01:30 PM House JUDICIARY
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Audio | Topic |
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Start | |
HB172 | |
SB11 | |
HB325 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | SB 11 | TELECONFERENCED | |
*+ | HB 325 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 172 | TELECONFERENCED | |
HB 172-MENTAL HEALTH FACILITIES & MEDS 1:34:30 PM CHAIR CLAMAN announced that the first order of business would be 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." [Before the committee, adopted as a working document on 2/16/22 and amended on 2/23/22, was the proposed committee substitute (CS) for HB 172, Version 32-GH1730\W, Foote, 2/16/22 ("Version W").] CHAIR CLAMAN explained that the offered amendment would address previously expressed concerns from the committee pertaining to grievance procedures. He stated that the timeline proposed for the Department of Health and Social Services (DHSS) to report grievance procedures to the legislature would be one year from the effective date of the bill. This would allow the department to confer with stakeholders and licensing organizations. He stated that Legislative Legal Services has permission to make any technical and conforming changes to the proposed legislation. 1:36:14 PM REPRESENTATIVE SNYDER moved to adopt Amendment 5 to HB 172, Version W, as amended, labeled 32-GH1730\W.20 Foote 2/24/22, which read as follows: Page 12, following line 31: Insert a new bill section to read: "* Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to read: REPORT TO THE LEGISLATURE. (a) One year after the effective date of this Act, the Department of Health and Social Services and the Alaska Mental Health Trust Authority shall submit a joint report to the senate secretary and chief clerk of the house of representatives and notify the legislature that the report is available. The report must (1) include an assessment of the current state, federal, and accrediting body requirements for psychiatric patient rights, including patient grievance and appeal policies and procedures; the assessment must address the adequacy of these policies and procedures and the practical challenges patients face in availing themselves of these rights; (2) identify and recommend any additional changes to state statutes, regulations, or other requirements that could enhance patient rights, particularly involving involuntary admissions, involuntary medications, and the practical ability of patients to avail themselves of their rights; and (3) assess and recommend any needed changes to current processes for data collection and reporting of patient grievances and appeals, patient reports of harm and restraint, and the resolution of these matters. (b) The process used by the Department of Health and Social Services and the Alaska Mental Health Trust Authority to develop the assessment and recommendations under (a) of this section must include convening a diverse stakeholder group that includes members representing patients with lived experience, patient advocates, the Disability Law Center of Alaska, providers of psychiatric services, the ombudsman, the Alaska Mental Health Board, the Department of Health and Social Services, and the Alaska Mental Health Trust Authority. A draft assessment and any recommendations must be made available for public comment, and any comments must be given due consideration before the production and transmittal of the final report." Renumber the following bill sections accordingly. Page 13, line 14: Delete "Section 27" Insert "Section 28" CHAIR CLAMAN objected. 1:36:26 PM HEATHER CARPENTER, Senior Policy Advisor, Department of Health and Social Services, spoke to Amendment 5. She stated that the amendment was drafted following concerns expressed by the committee. She stated that the amendment refers to a "report". She explained that the report could be described as an action plan. She stated that stakeholders, including DHSS, the Alaska Mental Health Trust Authority, individuals with lived experience, patient advocates, the Disability Law Center of Alaska, and the Alaska State Ombudsman would provide transparency, bring forth concerns, and conduct a full review. She stated that this would require a public process, including a comment period and a report to be issued to the legislature. REPRESENTATIVE EASTMAN stated that the proposed amendment did not include on-site visits and was associated with oversight of accrediting bodies. He expressed the opinion that the legislature should take steps to ensure on-site visits. 1:39:28 PM CHAIR CLAMAN withdrew his objection. There being no further objection, Amendment 5 was adopted. REPRESENTATIVE DRUMMOND expressed her belief that HB 172 would benefit Alaskans. REPRESENTATIVE VANCE expressed the recognition of the need to keep [those suffering with a mental illness] out of emergency rooms and jails. She expressed concerns regarding the involuntary administration of psychotropic medications. REPRESENTATIVE EASTMAN expressed the intent to vote to keep the bill in committee. He expressed concerns regarding the involuntary administration of medications. CHAIR CLAMAN noted that the passage of Version W would maintain the status-quo on the rights of patients and the administration of psychotropic medications. He stated that a bill had been passed in a previous legislature which addressed the matter. He stated that the Citizen's Commission on Human Rights of Alaska, Montana, and Washington has provided a letter, dated May 12, 2021; however, the letter did not take into consideration Version W. He noted that the lawsuit with the Disability Law Center, relating to access to psychiatric treatment, is in the process of being settled. He noted that the Disability Law Center has been involved in testimony and has expressed its support for the proposed legislation. 1:45:11 PM REPRESENTATIVE SNYDER moved to report HB 172, Version W, as amended, out of committee with individual recommendations and the accompanying fiscal notes. 1:45:24 PM REPRESENTATIVE EASTMAN objected. A roll call vote was taken. Representatives Drummond, Snyder, Kreiss-Tomkins, and Claman voted in favor of moving HB 172, Version W, as amended, out of committee with individual recommendations and the accompanying fiscal notes. Representatives Vance and Eastman voted against it. Therefore, CSHB 172(JUD) was reported out of the House Judiciary Standing Committee by a vote of 4-2.
Document Name | Date/Time | Subjects |
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SB 11 v. G 5.11.2021.PDF |
HJUD 2/25/2022 1:30:00 PM HJUD 3/4/2022 1:00:00 PM HJUD 3/11/2022 1:00:00 PM |
SB 11 |
SB 11 Sponsor Statement v. G 2.17.2022.pdf |
HJUD 2/25/2022 1:30:00 PM HJUD 3/4/2022 1:00:00 PM HJUD 3/11/2022 1:00:00 PM |
SB 11 |
SB 11 Sectional Analysis v. G 2.17.2022.pdf |
HJUD 2/25/2022 1:30:00 PM HJUD 3/4/2022 1:00:00 PM HJUD 3/11/2022 1:00:00 PM |
SB 11 |
SB 11 Supporting Document - Supreme Court Phillips Decision 12.18.2020.pdf |
HJUD 2/25/2022 1:30:00 PM HJUD 3/4/2022 1:00:00 PM HJUD 3/11/2022 1:00:00 PM |
SB 11 |
SB 11 Supporting Document - LISI Article 7.29.2019.pdf |
HJUD 2/25/2022 1:30:00 PM HJUD 3/4/2022 1:00:00 PM HJUD 3/11/2022 1:00:00 PM |
SB 11 |
SB 11 Supporting Document - Community Property Trust Act.pdf |
HJUD 2/25/2022 1:30:00 PM HJUD 3/4/2022 1:00:00 PM HJUD 3/11/2022 1:00:00 PM |
SB 11 |
SB 11 Fiscal Note JUD-ACS 2.2.2022.pdf |
HJUD 2/25/2022 1:30:00 PM HJUD 3/4/2022 1:00:00 PM HJUD 3/11/2022 1:00:00 PM |
SB 11 |
HB 325 v. A 2.16.2022.PDF |
HJUD 2/25/2022 1:30:00 PM HJUD 5/2/2022 1:00:00 PM HJUD 5/6/2022 10:30:00 AM |
HB 325 |
HB 325 Sponsor Statement v. A 2.17.2022.pdf |
HJUD 2/25/2022 1:30:00 PM HJUD 5/2/2022 1:00:00 PM HJUD 5/6/2022 10:30:00 AM SJUD 5/16/2022 1:30:00 PM |
HB 325 |
HB 325 Supporting Documents 2.17.2022.pdf |
HJUD 2/25/2022 1:30:00 PM HJUD 5/2/2022 1:00:00 PM HJUD 5/6/2022 10:30:00 AM SJUD 5/16/2022 1:30:00 PM |
HB 325 |
HB 325 Fiscal Note LAW-CRIM 2.18.2022.pdf |
HJUD 2/25/2022 1:30:00 PM HJUD 5/2/2022 1:00:00 PM HJUD 5/6/2022 10:30:00 AM |
HB 325 |
HB 325 Fiscal Note DPS-DET 2.19.2022.pdf |
HJUD 2/25/2022 1:30:00 PM HJUD 5/2/2022 1:00:00 PM HJUD 5/6/2022 10:30:00 AM |
HB 325 |
HB 172 Work Draft Committee Substitute v. W 2.16.2022.pdf |
HJUD 2/16/2022 1:30:00 PM HJUD 2/21/2022 1:00:00 PM HJUD 2/23/2022 1:30:00 PM HJUD 2/25/2022 1:30:00 PM |
HB 172 |
HB 172 v. W Amendments #1-4 HJUD Final Votes 2.23.2022.pdf |
HJUD 2/25/2022 1:30:00 PM |
HB 172 |
HB 172 v. W Amendment #5 HJUD 2.25.2022.pdf |
HJUD 2/25/2022 1:30:00 PM |
HB 172 |
HB 172 v. W Amendments #1-5 HJUD Final Votes 2.25.2022.pdf |
HJUD 2/25/2022 1:30:00 PM |
HB 172 |