Legislature(1995 - 1996)
04/28/1996 12:35 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 493(JUD) am
"An Act relating to treatment for alcoholism or drug
abuse."
Tom Wright, staff aide to Representative Ivan was invited to
join the committee. He said under current statutes there
were provisions allowing for voluntary commitment of
alcoholics which allow for 30-day commitment with re-
commitment up to 90 days. The current law was found to be
unwieldy, expensive and treatment options were not readily
available according to a City and Borough of Juneau survey.
It also said the current commitment program was not working.
He said this bill would correlate to the involuntary
commitment for mental health. The bill also would change
the definition of intoxication to include drugs as defined
under the controlled substance statutes. Senator Phillips
asked how this would affect other communities. Mr. Wright
said the study was done in Juneau because other communities
were not using this process. This bill is modeled after the
mental health commitments and it would be easier now for
other communities to use the laws.
Loren Jones, Division of Alcohol and Drug Abuse was invited
to join the committee. He referred to the statutes for
private commitment done by doctors, physicians or relatives
and involves no representation from the Attorney General's
office. The City of Juneau does have a municipal attorney's
office and they have accepted the policy of representing the
city program for that purpose. This bill would help educate
and make it easier for the local communities to use this
program at less expense and it would be more clinically
appropriate. There was support from the treatment providers
but no comments from the different municipalities. Most of
them would not be involved because those who offer services
are private, non-profit organizations. Co-chairman Halford
said he has had constituent concern over the way treatment
is provided for alcohol but not provided for drug abuse.
Mr. Jones said this would not be a mandate on local
municipalities but would rather rest with the relative or
program attempting the involuntary commitment. Co-chairman
Halford said this was not a local government issue other
than the fact that Juneau has gotten interested and gotten
involved. Senator Rieger referred to page 4, line 7-9
regarding commitment for emergency care and asked if this
was covered elsewhere in the statutes and not part of this
bill. Mr. Jones said the emergency care was covered
elsewhere and was for 48 hours. It would not be affected by
this bill. By the end of the 48 hours the individual would
have to be in Court.
Don Dapcevich, State Advisory Board on Alcoholism and Drug
Abuse was invited to join the committee. He said this bill
was top priority for the citizen's advisory board. This
bill reflected the necessary strategy to deal with
inebriation. Treatment providers around the state strongly
supported the bill. The cities of Ketchikan, Dillingham and
Bethel have expressed interest learning more about the
mechanics of doing commitments and training individuals to
provide earlier help. This would be a viable strategy to
use in the State, a way to save lives and would help get
people into treatment.
(tape change to SFC-96, #99, side 1)
Senator Phillips asked why the City and Borough of Juneau
was involved and other communities are not. Mr. Dapcevich
said the other municipalities do not run their treatment
programs and therefore do not become involved. The
municipality here operated the hospital, treatment center
and emergency services patrol and they felt the impact of
public inebriation more strongly.
Co-chairman Halford referred to amendment #1 and it was
moved by Senator Zharoff.
Barbara Craver, assistant City and Borough attorney was
invited to join the committee. She said she has been
involved in the filing of petitions for involuntary
commitments on behalf of the administrator of the local
treatment center, Juneau Recovery Hospital. She addressed
amendment #1 as moved by Senator Zharoff. It would address
the situation encountered in Juneau and would clarify the
law that would provide a better continuum of care for the
treatment of alcoholics. She explained the routine from the
emergency services patrol to Bartlett Hospital emergency
room and the transfer to a treatment center if the patient
is found to be medically stable. If the individual is not
found medically stable they are held at Bartlett Hospital.
The individual may be held for up to 48 hours on an
emergency alcohol commitment. A public treatment facility
may hold an individual up to five days with Court approval.
The clinical staff would at this time make the decision to
contact the attorney's office in order to file a petition
for involuntary commitment. Under current statute this
continuum is not clearly authorized. The problem arises
that a person admitted to a public treatment facility must
both be incapacitated by alcohol and intoxicated. After an
individual has been in the hospital for 12 - 24 hours they
are no longer intoxicated. The hospital must let them go
and wait for them to enter the cycle again another way.
This amendment would clearly authorize a public treatment
facility to place a hold on an individual located at the
hospital due to medical issues and the individual would
transferred to the treatment facility upon release from the
health facility. Senator Rieger questioned the liability
matter and specifically referred to page 7, line 3. He
suggested to cover this the word "shall provide adequate and
appropriate treatment". What if a mistake were made? Ms.
Craver referred to section (d) AS 47.37.200 and said this
placed the burden on the petitioner to prove there is an
appropriate treatment facility for the individual's alcohol
problem. The concern is based on if there is a viable
treatment option available in the State. The liability
issue would occur earlier.
Mr. Jones said the definition of a public or private
facility was a treatment facility that was grant funded and
approved by the division. Co-chairman Halford and Senator
Rieger expressed concern over limitation on liabilities. He
asked Senator Rieger to work on an appropriate amendment.
Senator Rieger was also concerned about "good cause".
Co-chairman Halford said he would hold Senator Zharoff's
amendment #1 pending and he further held the bill in
committee.
ADJOURNMENT
Co-chairman Halford recessed the meeting at 2:10 P.M. until
5:00 P.M. if the Senator Floor session recessed in time.
Otherwise calendar would be carried over until tomorrow at
9:00 A.M.
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