Legislature(2021 - 2022)BUTROVICH 205

03/17/2022 01:30 PM Senate HEALTH & SOCIAL SERVICES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
01:51:59 PM Start
01:52:26 PM SB124
03:03:12 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 124 MENTAL HEALTH FACILITIES & MEDS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= SB 175 HEALTH CARE SERVICES BY TELEHEALTH TELECONFERENCED
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
      SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                    
                         March 17, 2022                                                                                         
                           1:51 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator David Wilson, Chair                                                                                                     
Senator Mia Costello                                                                                                            
Senator Lora Reinbold                                                                                                           
Senator Tom Begich                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Shelley Hughes, Vice Chair                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 124                                                                                                             
"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."                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 175                                                                                                             
"An  Act relating  to  telehealth; relating  to  the practice  of                                                               
medicine; relating  to medical  assistance coverage  for services                                                               
provided by telehealth; and providing for an effective date."                                                                   
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 124                                                                                                                  
SHORT TITLE: MENTAL HEALTH FACILITIES & MEDS                                                                                    
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
04/12/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/12/21       (S)       HSS, FIN                                                                                               
04/27/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/27/21       (S)       Heard & Held                                                                                           
04/27/21       (S)       MINUTE(HSS)                                                                                            
04/29/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/29/21       (S)       -- MEETING CANCELED --                                                                                 
05/04/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
05/04/21       (S)       Heard & Held                                                                                           
05/04/21       (S)       MINUTE(HSS)                                                                                            
05/05/21       (S)       JUD REFERRAL ADDED AFTER HSS                                                                           
05/06/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
05/06/21       (S)       <Bill Hearing Canceled>                                                                                
03/08/22       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/08/22       (S)       Heard & Held                                                                                           
03/08/22       (S)       MINUTE(HSS)                                                                                            
03/15/22       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/15/22       (S)       Heard & Held                                                                                           
03/15/22       (S)       MINUTE(HSS)                                                                                            
03/17/22       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
HEATHER CARPENTER, Healthcare Policy Advisor                                                                                    
Office of the Commissioner                                                                                                      
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions on SB 124.                                                                             
                                                                                                                                
STEVEN BOOKMAN, Senior Assistant Attorney General                                                                               
Human Services Section                                                                                                          
Civil Division                                                                                                                  
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions on SB 124.                                                                             
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Office of the Administrative Director                                                                                           
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions on SB 124.                                                                             
                                                                                                                                
LEON MORGAN, Deputy Commissioner                                                                                                
Department of Public Safety                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions on SB 124.                                                                             
                                                                                                                                
BUDDY WHITT, Staff                                                                                                              
Senator Shelley Hughes                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented amendments to SB 124.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:51:59 PM                                                                                                                    
CHAIR DAVID WILSON  called the Senate Health  and Social Services                                                             
Standing Committee meeting  to order at 1:51 p.m.  Present at the                                                               
call  to  order were  Senators  Begich,  Reinbold, Costello,  and                                                               
Chair Wilson.                                                                                                                   
                                                                                                                                
[SB 124 was previously heard  on 4/27/21, 5/4/21, 5/6/21, 3/8/22,                                                               
and 3/15/22.]                                                                                                                   
                                                                                                                                
             SB 124-MENTAL HEALTH FACILITIES & MEDS                                                                         
                                                                                                                                
1:52:26 PM                                                                                                                    
CHAIR WILSON announced the consideration of SENATE BILL NO. 124                                                                 
"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."                                                                      
                                                                                                                                
1:53:16 PM                                                                                                                    
SENATOR  BEGICH  moved  to  adopt Amendment  1,  work  order  32-                                                               
GS1730\B.29.                                                                                                                    
                                                                                                                                
                                                32-GS1730\B.29                                                                  
                                                      Dunmire                                                                   
                                                      3/16/22                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO:  CSSB 124(HSS), Draft Version "B"                                                                                 
                                                                                                                                
                                                                                                                                
     Page 11, following line 10:                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 21. AS 47.30.915(9) is amended to read:                                                                     
          (9)  "gravely disabled" means a condition in                                                                          
     which a person as a result of mental illness                                                                               
                                                                                                                                
               (A) is in danger of physical harm arising                                                                        
                     from  such  complete neglect  of  basic                                                                    
                     needs for  food, clothing,  shelter, or                                                                    
                     personal safety  as  to render  serious                                                                    
                     accident,  illness,  or   death  highly                                                                    
                     probable  if  care by  another  is  not                                                                    
                     taken; or                                                                                                  
                                                                                                                                
          (B)    is  so incapacitated  that  the  person  is                                                                
          incapable  of surviving  safely in  freedom [WILL,                                                                
          IF  NOT  TREATED,  SUFFER OR  CONTINUE  TO  SUFFER                                                                    
          SEVERE   AND   ABNORMAL  MENTAL,   EMOTIONAL,   OR                                                                    
          PHYSICAL   DISTRESS,   AND    THIS   DISTRESS   IS                                                                    
          ASSOCIATED   WITH    SIGNIFICANT   IMPAIRMENT   OF                                                                    
          JUDGMENT,   REASON,   OR    BEHAVIOR   CAUSING   A                                                                    
          SUBSTANTIAL   DETERIORATION    OF   THE   PERSON'S                                                                    
         PREVIOUS ABILITY TO FUNCTION INDEPENDENTLY];"                                                                          
                                                                                                                                
     Page 13, lines 1 - 2:                                                                                                      
          Delete "secs. 1 - 27"                                                                                                 
          Insert "secs. 1 - 28"                                                                                                 
                                                                                                                                
                                                                                                                                
     Page 13, lines 27 - 28:                                                                                                    
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 13, line 29:                                                                                                          
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 14, line 7:                                                                                                           
          Delete "Section 28"                                                                                                   
          Insert "Section 29"                                                                                                   
                                                                                                                                
1:53:17 PM                                                                                                                    
CHAIR WILSON objected for purposes of discussion.                                                                               
                                                                                                                                
1:53:19 PM                                                                                                                    
SENATOR BEGICH noted  that he was offering Amendment  1 on behalf                                                               
of himself and Senator Reinbold.  He explained that the amendment                                                               
would  clarify the  definition of  "gravely disabled."  He stated                                                               
that the department agreed conceptually with Amendment 1.                                                                       
                                                                                                                                
1:54:05 PM                                                                                                                    
HEATHER CARPENTER, Healthcare Policy Advisor, Office of the                                                                     
Commissioner, Department of Health and Social Services (DHSS),                                                                  
Juneau, Alaska, agreed that the  department had conveyed to Chair                                                               
Wilson by letter that the  department did not object to Amendment                                                               
1.                                                                                                                              
                                                                                                                                
1:54:43 PM                                                                                                                    
SENATOR COSTELLO  asked for  an explanation  of what  Amendment 1                                                               
does.                                                                                                                           
                                                                                                                                
1:54:58 PM                                                                                                                    
SENATOR  BEGICH  explained that  Amendment  1  would clarify  the                                                               
definition of "gravely disabled" based  on a request by a patient                                                               
rights  advocate  about the  need  to  make the  definition  more                                                               
respective  of  the  patient's view  of  their  disabilities.  He                                                               
stated that  the amendment has  two parts. It would  add language                                                               
in  subparagraph (B),  "is so  incapacitated that  the person  is                                                               
incapable of  surviving safely in  freedom." It would  delete the                                                               
language, "will,  if not  treated, suffer  or continue  to suffer                                                               
severe and abnormal mental, emotional,  or physical distress, and                                                               
this  distress  is  associated  with  significant  impairment  of                                                               
judgment,   reason,    or   behavior   causing    a   substantial                                                               
deterioration  of  the  person's  previous  ability  to  function                                                               
independently."  He opined  that it  would simplify  the language                                                               
and make it more straightforward.                                                                                               
                                                                                                                                
1:56:09 PM                                                                                                                    
SENATOR  COSTELLO asked  whether the  change in  language made  a                                                               
difference. She  could not  tell whether  there was  a difference                                                               
between someone  who was  not able to  survive safely  in freedom                                                               
and the previous definition of "gravely disabled."                                                                              
                                                                                                                                
SENATOR BEGICH deferred to the department to respond.                                                                           
                                                                                                                                
1:56:57 PM                                                                                                                    
MS. CARPENTER explained that the  Alaska Supreme Court ruled this                                                               
part  of  the statute  unconstitutional  and  that this  language                                                               
would codify that decision with the language in the ruling.                                                                     
                                                                                                                                
1:57:15 PM                                                                                                                    
SENATOR COSTELLO asked why it was ruled unconstitutional.                                                                       
                                                                                                                                
1:57:21 PM                                                                                                                    
MS. CARPENTER deferred to Mr. Bookman.                                                                                          
                                                                                                                                
1:57:35 PM                                                                                                                    
STEVEN   BOOKMAN,  Senior   Assistant  Attorney   General,  Human                                                               
Services Section,  Civil Division, Department of  Law, Anchorage,                                                               
Alaska, explained that  the Alaska Supreme Court  stated that the                                                               
word "distressed" in the previous  definition was vague. It could                                                               
only be  construed as constitutional  if it had the  same meaning                                                               
as  the language  proposed  in  Amendment 1.  It  was not  simply                                                               
distress  or  discomfort  as  understood  in  everyday  language.                                                               
Rather, it  means a level  of incapacity that indicates  a person                                                               
is unsafe to survive in freedom.                                                                                                
                                                                                                                                
1:58:15 PM                                                                                                                    
SENATOR COSTELLO expressed satisfaction with the answer.                                                                        
                                                                                                                                
1:58:34 PM                                                                                                                    
CHAIR WILSON withdrew his objection; he found no further                                                                        
objection, and Amendment 1 was adopted.                                                                                         
                                                                                                                                
1:58:48 PM                                                                                                                    
SENATOR BEGICH moved to adopt Amendment 2, work order 32-                                                                       
GS1730\B.30.                                                                                                                    
                                                                                                                                
                                                32-GS1730\B.30                                                                  
                                                      Dunmire                                                                   
                                                      3/16/22                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
         TO:  CSSB 124(HSS), Draft Version "B"                                                                                  
                                                                                                                                
                                                                                                                                
     Page 11, following line 1:                                                                                                 
          Insert new bill sections to read:                                                                                     
        "* Sec. 19. AS 47.30.839(b) is amended to read:                                                                     
          (b)  An evaluation facility or designated                                                                             
     treatment   facility  may   seek  court   approval  for                                                                    
     administration of psychotropic  medication to a patient                                                                    
     by  filing  a petition  with  the  court, requesting  a                                                                    
     hearing on the capacity of  the person to give informed                                                                    
     consent  and  on  the   proposed  use  of  psychotropic                                                                
     medication.   The  petition   shall  provide   specific                                                                
     information   regarding    the   factors    listed   in                                                                
     AS 47.30.837(d)(2)(A) - (E).                                                                                           
        * Sec. 20. AS 47.30.839(g) is amended to read:                                                                        
          (g)  If the court determines by clear and                                                                         
     convincing evidence  that the patient is  not competent                                                                
     to  provide  informed  consent  and  [,  BY  CLEAR  AND                                                                    
     CONVINCING  EVIDENCE,]  was  not competent  to  provide                                                                    
     informed consent  at the  time of  previously expressed                                                                    
     wishes documented  under (d)(2)  of this  section, that                                                                
     the  proposed   use  of  medication  is   in  the  best                                                                
     interests of  the patient considering at  a minimum the                                                                
     factors  listed  in  AS 47.30.837(d)(2)(A) -  (E),  and                                                                
     that there  is no feasible less  intrusive alternative,                                                                
     the court shall approve  the facility's proposed use of                                                                    
     psychotropic  medication.  The court's  approval  under                                                                    
     this  subsection  applies   to  the  patient's  initial                                                                    
     period  of commitment  if the  decision is  made during                                                                    
     that  time period.  If the  decision is  made during  a                                                                    
     period  for  which  the  initial  commitment  has  been                                                                    
     extended,  the court's  approval under  this subsection                                                                    
     applies  to   the  period   for  which   commitment  is                                                                    
     extended."                                                                                                                 
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 13, lines 1 - 2:                                                                                                      
          Delete "secs. 1 - 27"                                                                                                 
          Insert "secs. 1 - 29"                                                                                                 
                                                                                                                                
     Page 13, lines 27 - 28:                                                                                                    
          Delete "sec. 23"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
     Page 13, line 29:                                                                                                          
          Delete "sec. 23"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
     Page 14, line 7:                                                                                                           
          Delete "Section 28"                                                                                                   
          Insert "Section 30"                                                                                                   
                                                                                                                                
1:58:50 PM                                                                                                                    
CHAIR WILSON objected for purposes of discussion.                                                                               
                                                                                                                                
1:58:54 PM                                                                                                                    
SENATOR BEGICH noted  that he and Senator  Reinbold were offering                                                               
Amendment  He  explained  that  Amendment  2  would  clarify  the                                                               
stipulations  that  must  be  included  and  considered  when  an                                                               
evaluation facility  seeks approval  from a court  on the  use of                                                               
psychotropics.  He  stated  that this  was  recommended  language                                                               
based on the legal findings  and language proposed by the patient                                                               
advocates.  He requested  the department  comment before  further                                                               
explanation.                                                                                                                    
                                                                                                                                
1:59:19 PM                                                                                                                    
MS. CARPENTER  agreed that  this was one  of the  amendments that                                                               
Mr.  Jim  Gottstein offered  to  the  department. The  department                                                               
accepted  his   language  but  made  drafting   changes  and  Mr.                                                               
Gottstein  was   satisfied.  She   explained  that   Amendment  2                                                               
clarifies what the court already requires the department to do.                                                                 
                                                                                                                                
1:59:53 PM                                                                                                                    
SENATOR  REINBOLD emphasized  that,  in Section  20, Amendment  2                                                               
adds  that the  standard  of proof  for the  court  is clear  and                                                               
convincing evidence.  She said she is  not a big fan  of probable                                                               
cause. She thanked  Senator Begich for allowing  her to cosponsor                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
2:00:22 PM                                                                                                                    
CHAIR  WILSON  withdrew  his  objection;   he  found  no  further                                                               
objection, and Amendment 2 was adopted.                                                                                         
                                                                                                                                
CHAIR  WILSON solicited  a motion  for Amendment  3 sponsored  by                                                               
Senator Begich and Reinbold.                                                                                                    
                                                                                                                                
2:00:36 PM                                                                                                                    
SENATOR  BEGICH  moved  to  adopt Amendment  3,  work  order  32-                                                               
GS1730\B.31.                                                                                                                    
                                                32-GS1730\B.31                                                                  
                                                      Dunmire                                                                   
                                                      3/16/22                                                                   
                                                                                                                              
                          AMENDMENT 3                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
         TO:  CSSB 124(HSS), Draft Version "B"                                                                                  
                                                                                                                                
                                                                                                                                
      Page 4, line 30, following the second occurrence of                                                                       
     "that":                                                                                                                    
          Insert "the respondent is suffering an acute                                                                          
      behavioral health crisis and, as a result, is likely                                                                      
         to cause harm to self or others or is gravely                                                                          
     disabled,"                                                                                                                 
                                                                                                                                
     Page 4, line 31, following "center":                                                                                       
          Insert ","                                                                                                            
                                                                                                                                
2:00:38 PM                                                                                                                    
CHAIR WILSON objected for purposes of discussion.                                                                               
                                                                                                                                
2:00:40 PM                                                                                                                    
SENATOR BEGICH  stated that the  Alaska Court System and  Mr. Jim                                                               
Gottstein requested  Amendment 3. It  would clarify how  a person                                                               
in charge determines  probable cause for admission  into a crisis                                                               
residential center.                                                                                                             
                                                                                                                                
2:00:56 PM                                                                                                                    
SENATOR REINBOLD  made a motion  to adopt Conceptual  Amendment 1                                                               
to Amendment  3, on page  1, line  3, to insert  "serious" before                                                               
"harm, so the first part of Amendment 3 would read:                                                                             
                                                                                                                                
      Page 4, line 30, following the second occurrence of                                                                       
     "that":                                                                                                                    
          Insert "the respondent is suffering an acute                                                                          
      behavioral health crisis and, as a result, is likely                                                                      
     to cause serious harm to self or others or is gravely                                                                      
     disabled,"                                                                                                                 
                                                                                                                                
2:01:36 PM                                                                                                                    
CHAIR  WILSON said  the  language  "harm to  self  to others"  is                                                               
language used  in several  places in statute.  He was  unsure how                                                               
that would affect those who assist patients.                                                                                    
                                                                                                                                
2:02:03 PM                                                                                                                    
MR.  BOOKMAN responded  that  the current  language  in AS  47.30                                                               
contains references  to both "likely  to cause harm"  and "likely                                                               
to  cause  serious  harm,"  which  is  inconsistent.  The  Alaska                                                               
Supreme  Court,  in  its decision,  E.P.  v.  Alaska  Psychiatric                                                               
Institute,  essentially ruled  that  while the  phrases were  not                                                               
identical, for purposes of the law they mean the same thing.                                                                    
                                                                                                                                
2:02:50 PM                                                                                                                    
SENATOR  REINBOLD  said   if  they  mean  the   same  thing,  her                                                               
preference is to add the term "serious                                                                                          
                                                                                                                                
2:03:05 PM                                                                                                                    
CHAIR WILSON objected for discussion purposes.                                                                                  
                                                                                                                                
2:03:17 PM                                                                                                                    
SENATOR  COSTELLO wondered  how a  person could  ascertain how  a                                                               
person  was  likely   to  cause  "harm"  or   "serious  harm   to                                                               
themselves. She asked if adding  "serious" would mean that "harm"                                                               
was okay and it might not  allow the person to protect someone in                                                               
the  same  way. She  related  her  understanding that  since  the                                                               
definitions were the same, she  preferred not to adopt Conceptual                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
2:04:17 PM                                                                                                                    
CHAIR WILSON maintained  his objection and asked for  a roll call                                                               
vote.                                                                                                                           
                                                                                                                                
A roll  call vote was taken.  Senator Reinbold voted in  favor of                                                               
the motion  to adopt Conceptual  Amendment 1 to Amendment  3, and                                                               
Senators  Begich,   Costello,  and   Wilson  voted   against  it.                                                               
Therefore, Conceptual Amendment 1 failed on a 1:3 vote.                                                                         
                                                                                                                                
2:04:59 PM                                                                                                                    
CHAIR WILSON  announced that Conceptual Amendment  1 to Amendment                                                               
3 failed by a vote of 1 yea and 3 nays.                                                                                         
                                                                                                                                
2:05:04 PM                                                                                                                    
CHAIR WILSON stated that Amendment 3 was before the committee.                                                                  
                                                                                                                                
2:05:14 PM                                                                                                                    
CHAIR WILSON  removed his objection  to Amendment 3; he  found no                                                               
further objection, and Amendment 3 was adopted.                                                                                 
                                                                                                                                
2:05:28 PM                                                                                                                    
SENATOR BEGICH moved to adopt Amendment 4, work 32-GS1730\B.32.                                                                 
                                                                                                                                
                                                32-GS1730\B.32                                                                  
                                                      Dunmire                                                                   
                                                      3/16/22                                                                   
                                                                                                                              
                          AMENDMENT 4                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
         TO:  CSSB 124(HSS), Draft Version "B"                                                                                  
                                                                                                                                
     Page 5, line 25, following "crisis":                                                                                       
          Insert "and, as a result, is likely to cause harm                                                                     
     to self or others or is gravely disabled,"                                                                                 
                                                                                                                                
2:05:30 PM                                                                                                                    
CHAIR WILSON objected for purposes of discussion.                                                                               
                                                                                                                                
2:05:32 PM                                                                                                                    
SENATOR BEGICH stated that he  and Senator Reinbold were offering                                                               
Amendment 4  at the request  of the  Alaska Court System  and Mr.                                                               
Jim Gottstein.                                                                                                                  
                                                                                                                                
SENATOR BEGICH  explained that Amendment  4 would clarify  when a                                                               
respondent can be  admitted to a crisis residential  center on an                                                               
ex parte  order. It is  reflective of the language  the committee                                                               
just adopted but is located a different section.                                                                                
                                                                                                                                
2:05:53 PM                                                                                                                    
SENATOR   REINBOLD  offered   her  belief   that  Mr.   Gottstein                                                               
recommended  it   should  read   "serious  harm  or   is  gravely                                                               
disabled."  She stated  that reading  the definition  of "gravely                                                               
disabled" would be more than just causing harm.                                                                                 
                                                                                                                                
2:06:17 PM                                                                                                                    
CHAIR  WILSON  asked if  she  was  making  a  motion to  adopt  a                                                               
conceptual amendment.                                                                                                           
                                                                                                                                
SENATOR  REINBOLD  replied it  was  a  comment. She  wondered  if                                                               
anyone had a comment on the language.                                                                                           
                                                                                                                                
2:06:45 PM                                                                                                                    
MS.  CARPENTER  related that  she  had  previously submitted  the                                                               
language  to  Chair  Wilson  based  on  the  exact  language  Mr.                                                               
Gottstein  presented in  his March  7, 2022,  letter. The  letter                                                               
suggested  the language  read, "and,  as a  result, is  likely to                                                               
cause harm to  self or others or is gravely  disabled,". She said                                                               
it does not suggest "serious."                                                                                                  
                                                                                                                                
2:07:10 PM                                                                                                                    
SENATOR REINBOLD  stated her conversation with  Mr. Gottstein was                                                               
more recent than the March 7th letter.                                                                                          
                                                                                                                                
2:07:27 PM                                                                                                                    
SENATOR  BEGICH asked  whether "cause  harm to  self" and  "cause                                                               
serious harm to self" were interpreted the same by the court.                                                                   
                                                                                                                                
MR. BOOKMAN answered  yes, and offered to read  the definition of                                                               
"likely to cause harm."                                                                                                         
                                                                                                                                
2:08:00 PM                                                                                                                    
SENATOR  BEGICH  offered his  belief  that  the definition  would                                                               
alleviate the  concerns Senator  Reinbold expressed,  and reading                                                               
it into the record means it becomes part of the legal record.                                                                   
                                                                                                                                
2:08:22 PM                                                                                                                    
MR. BOOKMAN read the definition of "harm" in AS 47.30.915(12).                                                                  
                                                                                                                                
     (12) "likely to cause serious harm" means a person who                                                                     
                                                                                                                                
          (A)  poses a  substantial risk  of bodily  harm to                                                                    
          that  person's  self,   as  manifested  by  recent                                                                    
          behavior causing, attempting,  or threatening that                                                                    
          harm;                                                                                                                 
                                                                                                                                
          (B) poses a substantial risk  of harm to others as                                                                    
          manifested    by    recent    behavior    causing,                                                                    
          attempting, or threatening harm,  and is likely in                                                                    
          the   near  future   to  cause   physical  injury,                                                                    
          physical abuse, or  substantial property damage to                                                                    
          another person; or                                                                                                    
                                                                                                                                
          (C) manifests a current intent to carry out plans                                                                     
          of serious harm to that person's self or another;                                                                     
                                                                                                                                
2:09:05 PM                                                                                                                    
CHAIR WILSON asked him to identify the citation.                                                                                
                                                                                                                                
MR. BOOKMAN answered that it is AS 47.30.915(12).                                                                               
                                                                                                                                
2:09:15 PM                                                                                                                    
CHAIR WILSON removed his objection to Amendment 4; he found no                                                                  
further objection, and Amendment 4 was adopted.                                                                                 
                                                                                                                                
CHAIR WILSON solicited a motion for Amendment 5.                                                                                
                                                                                                                                
2:09:29 PM                                                                                                                    
SENATOR BEGICH moved to adopt Amendment 5, work order 32-                                                                       
GS1730\B.33.                                                                                                                    
                                                                                                                                
                                                32-GS1730\B.33                                                                  
                                                      Dunmire                                                                   
                                                      3/16/22                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 5                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
         TO:  CSSB 124(HSS), Draft Version "B"                                                                                  
                                                                                                                                
     Page 13, line 10, following "could":                                                                                       
          Insert "improve patient outcomes and"                                                                                 
                                                                                                                                
2:09:31 PM                                                                                                                    
CHAIR WILSON objected for purposes of discussion.                                                                               
                                                                                                                                
2:09:33 PM                                                                                                                    
SENATOR BEGICH explained that by Mr. Jim Gottstein recommended                                                                  
Amendment 5. It would ensure that the report to the legislature                                                                 
contained actionable outcomes to improve patient outcomes.                                                                      
                                                                                                                                
2:09:51 PM                                                                                                                    
SENATOR REINBOLD asked to be a cosponsor.                                                                                       
                                                                                                                                
CHAIR WILSON acknowledged that Senators Begich and Reinbold were                                                                
offering Amendment 5.                                                                                                           
                                                                                                                                
2:10:10 PM                                                                                                                    
CHAIR WILSON removed his objection; he found no further                                                                         
objection, and Amendment 5 was adopted.                                                                                         
                                                                                                                                
2:10:21 PM                                                                                                                    
CHAIR WILSON moved to adopt Amendment 6, work order 32-                                                                         
GS1730\B.34.                                                                                                                    
                                                                                                                                
                                                32-GS1730\B.34                                                                  
                                                      Dunmire                                                                   
                                                      3/16/22                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 6                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
         TO:  CSSB 124(HSS), Draft Version "B"                                                                                  
                                                                                                                                
                                                                                                                                
     Page 5, line 3:                                                                                                            
          Delete "AS 47.30.700"                                                                                                 
          Insert "this section"                                                                                                 
                                                                                                                                
     Page 5, line 9:                                                                                                            
          Delete "under AS 47.30.700 - 47.30.707"                                                                               
                                                                                                                                
     Page 5, line 22, following "obtained":                                                                                     
          Insert "under AS 47.30.707"                                                                                           
     Page 5, line 23:                                                                                                           
          Delete "AS 47.30.700"                                                                                                 
          Insert "this section"                                                                                                 
                                                                                                                                
     Page 5, line 29, following "an":                                                                                           
          Insert "ex parte"                                                                                                     
                                                                                                                                
2:10:34 PM                                                                                                                    
CHAIR WILSON objected for discussion purposes.                                                                                  
                                                                                                                                
2:10:36 PM                                                                                                                    
CHAIR  WILSON explained  that the  Alaska Court  System requested                                                               
Amendment 6 to  ensure clarity and ease of  implementation by the                                                               
courts. He deferred further explanation to Nancy Meade.                                                                         
                                                                                                                                
2:10:50 PM                                                                                                                    
NANCY  MEADE,  General  Counsel,  Office  of  the  Administrative                                                               
Director, Alaska Court System,  Anchorage, Alaska, explained that                                                               
Amendment 6 would adjust some of  the citations in the statute to                                                               
more accurately identify the statutes  that describe the petition                                                               
process and  what the court  does. She characterized  the changes                                                               
as conforming  or correcting to  allow the court system  to apply                                                               
the process more readily and as the legislature intended.                                                                       
                                                                                                                                
2:11:27 PM                                                                                                                    
MS.  CARPENTER  stated  that  the language  in  Amendment  6  was                                                               
included in the letter to the committee.                                                                                        
                                                                                                                                
2:11:22 PM                                                                                                                    
SENATOR COSTELLO  asked for  a more  specific explanation  of the                                                               
changes.                                                                                                                        
                                                                                                                                
MS. MEADE referred  to page 5, lines 2-3 of  Version B that would                                                               
remove  "under  AS  47.30.700"  because it  refers  to  what  has                                                               
traditionally  been a  petition for  a mental  health commitment.                                                               
However,  this is  not a  mental health  commitment. Instead,  AS                                                               
47.30.707 relates to admission to  a crisis stabilization center,                                                               
not a  hospital. Her belief was  that including a citation  to AS                                                               
47.30.700 would be confusing.                                                                                                   
                                                                                                                                
2:13:17 PM                                                                                                                    
SENATOR  COSTELLO related  her  understanding  that the  citation                                                               
change  refers  to  the  actual,   accurate  description  of  the                                                               
citation  in  this section  because  it  does  not relate  to  AS                                                               
47.30.700.                                                                                                                      
                                                                                                                                
MS. MEADE agreed with the interpretation.                                                                                       
                                                                                                                                
2:13:32 PM                                                                                                                    
CHAIR  WILSON   removed  his  objection;  he   found  no  further                                                               
objection, and Amendment 6 was adopted.                                                                                         
                                                                                                                                
2:13:48 PM                                                                                                                    
CHAIR  WILSON  moved  to  adopt   Amendment  7,  work  order  32-                                                               
GS1730\B.35.                                                                                                                    
                                                                                                                                
                                                32-GS1730\B.35                                                                  
                                                      Dunmire                                                                   
                                                      3/16/22                                                                   
                                                                                                                                
                          AMENDMENT 7                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
         TO:  CSSB 124(HSS), Draft Version "B"                                                                                  
                                                                                                                                
     Page 5, line 6, following "application":                                                                                   
          Insert ", and the respondent may remain at the                                                                        
        crisis stabilization center until admission to a                                                                        
     crisis residential center"                                                                                                 
                                                                                                                                
2:13:52 PM                                                                                                                    
CHAIR WILSON objected for discussion purposes.                                                                                  
                                                                                                                                
CHAIR  WILSON stated  that DHSS  requested  Amendment 7,  because                                                               
this change was inadvertently omitted from Version B.                                                                           
                                                                                                                                
CHAIR  WILSON explained  that  Amendment 7  would  ensure that  a                                                               
patient in an involuntary situation would  not be forced out of a                                                               
crisis  stabilization  center  after  24 hours  had  lapsed,  but                                                               
before  admission and  transportation  could be  arranged to  the                                                               
crisis [residential] center.                                                                                                    
                                                                                                                                
2:14:20 PM                                                                                                                    
MS. CARPENTER  added that  this change  is necessary  because the                                                               
definition  of a  crisis stabilization  center  limits a  patient                                                               
stay  to 23  hours and  59 minutes.  The department  had concerns                                                               
that a  patient might  be required to  be released  because their                                                               
stay  was  extended   to  24  hours.  Suppose   a  mental  health                                                               
professional  had petitioned  the court,  and the  court approved                                                               
moving  a  patient  to  a  crisis  residential  center,  but  the                                                               
allowable  time   lapsed.  She  stated   that  if  at   hour  24,                                                               
arrangements to transport  the patient to the next  level of care                                                               
were not complete, the facility  would be required to release the                                                               
patient.  Amendment 7  would allow  the  patient to  stay at  the                                                               
crisis  stabilization center  until  transportation  to the  next                                                               
facility could be arranged.                                                                                                     
                                                                                                                                
SENATOR  COSTELLO asked  whether Amendment  7 assumes  that every                                                               
single  person   at  a  crisis  stabilization   center  would  be                                                               
transferred to a crisis residential center.                                                                                     
                                                                                                                                
MS. CARPENTER  answered no.  She referred  to page  5, line  3 of                                                               
version  B that  says, "Based  on the  application, if  the court                                                               
finds   that  probable   cause   exists  to   believe  that   the                                                               
respondent's  acute behavioral  health  crisis  will be  resolved                                                               
during admission to a crisis  residential center, the court shall                                                               
grant the  application." Amendment 7  would add language,  ", and                                                               
the  respondent may  remain at  the  crisis stabilization  center                                                               
until admission  to a crisis  residential center.  It  would only                                                               
happen when  the court  ordered the  next level  of care.  If the                                                               
person stabilized and did not meet  the criteria to be held, they                                                               
would be released.                                                                                                              
                                                                                                                                
2:15:17 PM                                                                                                                    
CHAIR  WILSON   removed  his  objection;  he   found  no  further                                                               
objection, and Amendment 7 was adopted.                                                                                         
                                                                                                                                
2:16:27 PM                                                                                                                    
CHAIR  WILSON  moved  to  adopt   Amendment  8,  work  order  32-                                                               
GS1730\B.36.                                                                                                                    
                                                                                                                                
                                                32-GS1730\B.36                                                                  
                                                      Dunmire                                                                   
                                                      3/16/22                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 8                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
         TO:  CSSB 124(HSS), Draft Version "B"                                                                                  
                                                                                                                                
     Page 12, line 26, following "days":                                                                                        
          Insert "for an involuntary admission"                                                                                 
                                                                                                                                
2:16:31 PM                                                                                                                    
CHAIR WILSON objected for purposes of discussion.                                                                               
                                                                                                                                
CHAIR WILSON  stated that the  department requested  Amendment 8.                                                               
It would  give DHSS  the flexibility it  needs for  its licensing                                                               
definition  regarding  1115  [Medicaid]  services  to  enable  an                                                               
individual to stay longer than  seven days with approval from the                                                               
department. He  stated that the  extended stay would  only happen                                                               
voluntarily.                                                                                                                    
                                                                                                                                
2:17:08 PM                                                                                                                    
MS. CARPENTER  explained that Amendment  8 was  necessary because                                                               
the  department  was  cross-referencing all  definitions  in  its                                                               
licensing statutes. She  explained that a patient  could not stay                                                               
longer than seven days without  the change. It would clarify that                                                               
the seven days would be  hard and fast for involuntary admission.                                                               
Still,  the  department  would be  flexible  regarding  voluntary                                                               
care.                                                                                                                           
                                                                                                                                
2:17:40 PM                                                                                                                    
SENATOR REINBOLD offered her view that Amendment 8 requires                                                                     
additional clarification. She asked how it would affect                                                                         
involuntary commitments.                                                                                                        
                                                                                                                                
2:18:01 PM                                                                                                                    
MS. CARPENTER read the statute with Amendment 8:                                                                                
                                                                                                                                
        (A) "crisis residential center" means a subacute                                                                        
       mental health facility that has a maximum stay of                                                                        
     seven days for an involuntary admission;                                                                                   
                                                                                                                                
2:18:28 PM                                                                                                                    
CHAIR WILSON removed his objection; he found no further                                                                         
objection, and Amendment 8 was adopted.                                                                                         
                                                                                                                                
2:18:48 PM                                                                                                                    
CHAIR WILSON moved to adopt Amendment 9, work order 32-                                                                         
GS1730\B.37.                                                                                                                    
                                                                                                                                
                                                32-GS1730\B.37                                                                  
                                                      Dunmire                                                                   
                                                      3/16/22                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 9                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 124(HSS), Draft Version "B"                                                                                      
                                                                                                                                
       Page 2, line 13, following the first occurrence of                                                                       
     "officer":                                                                                                                 
          Insert "and the arresting officer's employing                                                                     
          agency"                                                                                                           
                                                                                                                                
     Page 2, line 31, following "officer":                                                                                      
          Insert "and the arresting officer's employing                                                                     
          agency"                                                                                                           
                                                                                                                                
     Page 3, line 20, following "officer's":                                                                                    
          Insert "and the peace officer's employing                                                                         
          agency's"                                                                                                         
                                                                                                                                
     Page 3, line 21:                                                                                                           
          Delete "is"                                                                                                           
          Insert "and the peace officer's employing agency                                                                  
          are [IS]"                                                                                                         
                                                                                                                                
2:18:50 PM                                                                                                                    
CHAIR WILSON objected for discussion purposes.                                                                                  
                                                                                                                                
2:18:53 PM                                                                                                                    
CHAIR  WILSON  explained  that the  Alaska  Network  on  Domestic                                                               
Violence  and  Sexual  Assault (ANDVSA)  asked  DHSS  to  request                                                               
Amendment 9 to ensure that  victim notifications will happen even                                                               
if the arresting  officer is off duty on the  day of the release.                                                               
In  that  circumstance, the  Department  of  Public Safety  would                                                               
notify the victims.                                                                                                             
                                                                                                                                
2:19:30 PM                                                                                                                    
MS. CARPENTER said she did not have anything further to add.                                                                    
                                                                                                                                
2:19:40 PM                                                                                                                    
SENATOR REINBOLD  requested clarification  of the meaning  of the                                                               
language  on  page  2,  line 32,  "and  the  arresting  officers                                                                
employing agency".                                                                                                              
                                                                                                                                
2:19:50 PM                                                                                                                    
CHAIR  WILSON explained  that  if the  arresting  officer was  an                                                               
Alaska State Trooper, that agency  would be the employing agency,                                                               
and  if the  arresting officer  worked for  the Anchorage  Police                                                               
Department (APD), APD would be  responsible to notify the victims                                                               
and not the  officer. He noted that an officer  might be off duty                                                               
or otherwise unavailable.                                                                                                       
                                                                                                                                
2:20:28 PM                                                                                                                    
SENATOR REINBOLD  asked whether it  would be limited  to official                                                               
law enforcement personnel.                                                                                                      
                                                                                                                                
2:21:05 PM                                                                                                                    
SENATOR REINBOLD  referred to  page 2, line  31, to  the language                                                               
"and  the arresting  officer's employing  agency". She  asked who                                                               
has the authority to arrest in the state.                                                                                       
                                                                                                                                
2:21:21 PM                                                                                                                    
LEON  MORGAN, Deputy  Commissioner, Office  of the  Commissioner,                                                               
Department  of Public  Safety, Juneau,  Alaska,  answered that  a                                                               
peace officer has the authority to make arrests.                                                                                
                                                                                                                                
2:21:31 PM                                                                                                                    
SENATOR REINBOLD  stated that SB  124 would add a  new definition                                                               
on page 11. She was unsure whether peace officer was defined.                                                                   
                                                                                                                                
2:21:46 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:23:06 PM                                                                                                                    
CHAIR WILSON reconvened the meeting.                                                                                            
                                                                                                                                
2:23:11 PM                                                                                                                    
SENATOR REINBOLD  read the  definition of  "peace officer"  in AS                                                               
47.30.915(15):                                                                                                                  
                                                                                                                                
     (15) "peace  officer" includes a state  police officer,                                                                    
     municipal  or   other  local  police   officer,  state,                                                                    
     municipal,  or  other   local  health  officer,  public                                                                    
     health nurse,  United States  marshal or  deputy United                                                                    
     States marshal, or a person authorized by the court;                                                                       
                                                                                                                                
2:23:42 PM                                                                                                                    
MR. MORGAN referred to and read AS 01.10.060, (7):                                                                              
                                                                                                                                
     "peace officer" means                                                                                                      
          (A) an officer of the state troopers;                                                                                 
          (B) a member of the police force of a                                                                                 
          municipality;                                                                                                         
          (C) a village public safety officer;                                                                                  
          (D) a regional public safety officer;                                                                                 
          (E) a United States marshal or deputy marshal;                                                                        
          ?and                                                                                                                  
          (F) an officer whose duty it is to enforce and                                                                        
          preserve the public peace;                                                                                            
                                                                                                                                
MR.  MORGAN   acknowledged  that   this  might  be   a  different                                                               
definition.                                                                                                                     
                                                                                                                                
2:24:09 PM                                                                                                                    
MS. CARPENTER  stated that the  bill refers to the  definition in                                                               
AS 12.25.031,  which is Title  12, so Deputy  Commissioner Morgan                                                               
read the correct  definition. She reminded members  that the bill                                                               
would  update the  definition  of police  officer  in Version  B,                                                               
related to  the involuntary commitment statutes.  She referred to                                                               
Section  21 where  AS 47.30.915(15)  is amended  to read,  "peace                                                               
officer has the meaning given  in AS 01.10.060(a).  She explained                                                               
that  this aligns  with the  definition that  Deputy Commissioner                                                               
Morgan just read.                                                                                                               
                                                                                                                                
2:24:34 PM                                                                                                                    
SENATOR  BEGICH related  his understanding  that Amendment  9 was                                                               
intended to  ensure rapid notification  for the guardians  of the                                                               
responsible  parties.   It  would   help  the  victim   or  those                                                               
responsible for someone undergoing  a psychotic episode. He asked                                                               
whether that was correct.                                                                                                       
                                                                                                                                
2:25:12 PM                                                                                                                    
CHAIR WILSON  answered yes, but  there may be another  issue with                                                               
the language.                                                                                                                   
                                                                                                                                
2:25:18 PM                                                                                                                    
SENATOR COSTELLO suggested that it  would be stronger to say that                                                               
reasonable  efforts  should  be  made  to  inform  the  arresting                                                               
officer  and  that  the  agency shall  be  contacted  because  as                                                               
written, the  amendment might  provide a  loophole, such  that it                                                               
wouldn't be necessary to successfully  contact the officer or the                                                               
agency.                                                                                                                         
                                                                                                                                
2:27:00 PM                                                                                                                    
CHAIR WILSON  withdrew Amendment  9 and  asked the  department to                                                               
work  with the  Alaska Network  on Domestic  Violence and  Sexual                                                               
Assault  (ANDVSA) in  the  next committees  of  referral on  this                                                               
language.                                                                                                                       
                                                                                                                                
2:27:38 PM                                                                                                                    
SENATOR   REINBOLD  expressed   appreciation  that   the  correct                                                               
definition was read into the record.                                                                                            
                                                                                                                                
2:28:24 PM                                                                                                                    
CHAIR  WILSON moved  to adopt  Amendment [10]  at the  request of                                                               
Senator Hughes.                                                                                                                 
                                                                                                                                
[Amendment  10 is  based on  work order  32-GS1730\B.38 that  was                                                               
drafted by Legal Services. The  work draft incorrectly identified                                                               
 crisis  residential  center    as   crisis  evaluation  center.                                                                
Amendment 10  replaces the  word  evaluation   with  residential                                                                
to correctly identify that type of crisis center.]                                                                              
                                                                                                                                
                                                                                                                                
                          AMENDMENT 10                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE         BY SENATOR HUGHES                                                                            
          TO:  CSSB 124(HSS), Draft Version "B"                                                                                 
                                                                                                                                
                                                                                                                                
     Page 3, following line 24:                                                                                                 
          Insert a new bill section to read:                                                                                    
      "* Sec. 11. AS 47.30.693 is amended to read:                                                                          
                  Sec. 47.30.693. Notice to parent or                                                                         
     guardian  of minor  or vulnerable  adult. When  a minor                                                                
     under  18  years  of  age  or  a  vulnerable  adult  is                                                                
     detained  at  or  admitted or  committed  to  a  crisis                                                                
     stabilization   center,   crisis  residential   center,                                                                
     evaluation facility, or  treatment facility, the center                                                            
     or facility  shall inform the  parent or guardian  of a                                                            
     minor  or  the  guardian  of  a  vulnerable  adult,  as                                                                
     applicable, of the location of  the minor or vulnerable                                                            
     adult  as soon  as possible  after the  arrival of  the                                                                
     minor or  vulnerable adult at  the center  or facility.                                                            
     In  this section,  "vulnerable adult"  has the  meaning                                                                
     given in AS 47.24.900."                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                              
     Page 13, lines 1 - 2:                                                                                                      
          Delete "secs. 1 - 27"                                                                                                 
          Insert "secs. 1 - 28"                                                                                                 
                                                                                                                                
     Page 13, lines 27 - 28:                                                                                                    
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 13, line 29:                                                                                                          
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 14, line 7:                                                                                                           
          Delete "Section 28"                                                                                                   
                                                                                                                                
          Insert "Section 29"                                                                                                   
                                                                                                                                
2:28:31 PM                                                                                                                    
CHAIR WILSON deferred  to Buddy Whitt to speak  to the amendment,                                                               
on behalf of Senator Hughes.                                                                                                    
                                                                                                                                
2:28:40 PM                                                                                                                    
BUDDY  WHITT,   Staff,  Senator  Shelley  Hughes,   Alaska  State                                                               
Legislature, Juneau,  Alaska, explained that Amendment  10 amends                                                               
AS 47.30.693  to require  crisis centers  and facilities  to give                                                               
notice to  a parent or  guardian of  a minor or  vulnerable adult                                                               
who   is   detained,  admitted,   or   committed   to  a   crisis                                                               
stabilization  center,  crisis [residential]  center,  evaluation                                                               
facility,  or treatment  facility. The  notice must  be given  as                                                               
soon as possible  after the minor or vulnerable  adult arrives at                                                               
the  center or  facility.  He noted  that  "vulnerable adult"  is                                                               
defined in AS 47.24.900.                                                                                                        
                                                                                                                                
2:29:34 PM                                                                                                                    
CHAIR WILSON noted  the difference between Amendment  10 and work                                                               
order  32-GS1730\B.38 appears  on  page  1, line  6  of the  work                                                               
draft. The  word "evaluation" is  replaced with   residential  to                                                               
conform to the current language in the bill.                                                                                    
                                                                                                                                
2:29:51 PM                                                                                                                    
SENATOR REINBOLD said  she planned to offer  a similar amendment,                                                               
but   it  would   amend  AS   47.30.700   to  require   immediate                                                               
notification. She wondered if she should withdraw Amendment 13.                                                                 
                                                                                                                                
2:30:21 PM                                                                                                                    
CHAIR WILSON offered his belief  that Amendment 10 addresses that                                                               
on page 1, lines 15-17.                                                                                                         
                                                                                                                                
2:30:50 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:30:54 PM                                                                                                                    
CHAIR WILSON reconvened the meeting.                                                                                            
                                                                                                                                
2:33:03 PM                                                                                                                    
SENATOR COSTELLO asked  what  as soon as possiblewould    mean in                                                               
statute.  She  said  she  understands  the  sponsor's  intent  to                                                               
provide notice  that is close  to  immediately," but  she wonders                                                               
whether the  language would  allow too  much flexibility  and the                                                               
person could  conceivably wait  until it  was convenient  to make                                                               
the notification.                                                                                                               
                                                                                                                                
2:34:16 PM                                                                                                                    
SENATOR BEGICH  stated that  the language   as soon  as possible                                                                
after the  arrival of the minor  has been in statute  since 1984.                                                               
He offered his belief that the meaning should be known by now.                                                                  
                                                                                                                                
MR. WHITT deferred to the department  to explain what it means in                                                               
their operations.                                                                                                               
                                                                                                                                
2:34:44 PM                                                                                                                    
SENATOR  BEGICH commented  that  Senator Costello  raised a  good                                                               
point, and since  as soon as  possiblehas   been in statute since                                                               
1984, it  would be  helpful to  have the  meaning stated  for the                                                               
record.                                                                                                                         
                                                                                                                                
2:34:56 PM                                                                                                                    
SENATOR COSTELLO acknowledged  that  as soon as  possiblewas   in                                                               
current law, but she was unsure what it meant in this context.                                                                  
                                                                                                                                
2:35:09 PM                                                                                                                    
MR. BOOKMAN  offered his  belief that "as  soon as  possible" was                                                               
not defined in statute or  regulation. He said Senator Begich was                                                               
correct that  everyone would  attempt to  do so  as soon  as they                                                               
could,  but he  could not  give a  precise answer  as to  the "x"                                                               
number of  minutes before that  notice would be given.  He agreed                                                               
with Senator Costello that currently,  the language would provide                                                               
some "wiggle room."                                                                                                             
                                                                                                                                
2:35:45 PM                                                                                                                    
SENATOR   COSTELLO  said   she   hoped  that   the  medical   and                                                               
administrative staff would consider  it urgent to provide notice.                                                               
She suggested she  could ask the question  outside the committee,                                                               
but she would like to know how long it takes currently.                                                                         
                                                                                                                                
2:36:16 PM                                                                                                                    
CHAIR WILSON recalled Ms. Meade  indicated that the court becomes                                                               
involved  if the  person is  held past  24 hours,  and the  court                                                               
would provide the necessary notification.                                                                                       
                                                                                                                                
2:36:35 PM                                                                                                                    
MS. CARPENTER  related that  looking at the  statutes as  a whole                                                               
for those minors  detained, admitted, or committed  when there is                                                               
an involuntary  commitment, the  court must  provide a  parent or                                                               
guardian with  all notifications served  to a minor.  She offered                                                               
to work  with the court system  and to look at  how notifications                                                               
at  the Alaska  Psychiatric Institute  and designated  evaluation                                                               
and treatment facilities  are given so the committee  has idea of                                                               
and how quickly notification is happening currently.                                                                            
                                                                                                                                
2:37:25 PM                                                                                                                    
CHAIR WILSON removed his objection.                                                                                             
                                                                                                                                
2:37:57 PM                                                                                                                    
SENATOR BEGICH asked the department to comment on Amendment 10.                                                                 
                                                                                                                                
2:38:06 PM                                                                                                                    
MS. CARPENTER stated  that the department likes  the concept. The                                                               
Department of Law expressed concern  that the language on line 5,                                                               
"or  a vulnerable  adult" would  mean any  vulnerable adult.  She                                                               
offered her  belief that the  sponsor intended this  provision to                                                               
apply  to  a vulnerable  adult  with  a  guardian. This  came  up                                                               
because not  every vulnerable adult  has a guardian.  She offered                                                               
to  work with  the next  committee  of referral  to address  this                                                               
issue.                                                                                                                          
                                                                                                                                
2:38:49 PM                                                                                                                    
CHAIR  WILSON asked  Ms. Carpenter  to work  with Senator  Hughes                                                               
since she requested the amendment.                                                                                              
                                                                                                                                
2:39:00 PM                                                                                                                    
MR. WHITT related  that he held discussions  with the department.                                                               
He  explained  that  Senator   Hughes  interprets  the  amendment                                                               
differently.  He  said the  current  title  for AS  47.30.693  is                                                               
 Notice to parent  or guardian of minor." Amendment  10 would add                                                               
"or vulnerable adult"  to the title, which would  read "Notice to                                                               
parent or guardian of minor  or vulnerable adult." He interpreted                                                               
that to  mean that the  language in  that section would  be about                                                               
the subject  matter in the  title, which  would be the  parent or                                                               
guardian of  a minor or  the guardian  of a vulnerable  adult. He                                                               
emphasized that the subject is  the "parent" or the  guardianof                                                                 
a  minor or  a vulnerable  adult. Thus,  the subsequent  language                                                               
would provide the  department with a directive  to provide notice                                                               
to  that  parent  or  guardian.  Senator  Hughes  stands  by  the                                                               
language  in Amendment  10;  however, if  the  department is  not                                                               
convinced that  this language would  work, the sponsor  will work                                                               
with the department on the language.                                                                                            
                                                                                                                                
2:40:43 PM                                                                                                                    
SENATOR BEGICH offered his belief  that Mr. Whitt was correct. He                                                               
said the  language in  Amendment 10 refers  to the  definition of                                                               
 vulnerable adult" in AS.47.24.900 21, which he read.                                                                           
                                                                                                                                
     (21) "vulnerable adult" means a  person 18 years of age                                                                    
     or older  who, because  of incapacity,  mental illness,                                                                    
     mental  deficiency,  physical  illness  or  disability,                                                                    
     advanced   age,   chronic   use   of   drugs,   chronic                                                                    
     intoxication, fraud, confinement,  or disappearance, is                                                                    
     unable to meet  the person's own needs or  to seek help                                                                    
     without assistance.                                                                                                        
                                                                                                                                
SENATOR  BEGICH  stated  that  line  4  of  the  amendment  reads                                                               
 guardian of minor  or vulnerable adult" and line 8  reads, "of a                                                               
minor or the  guardian of a vulnerable adult...."  He offered his                                                               
view that the  language seemed clear, that the  only option would                                                               
be to  change it to "or  a vulnerable adult with  a guardian." He                                                               
opined that was  redundant given the reference  to the definition                                                               
of   vulnerable adult",  the title,  and the  description in  the                                                               
middle of the paragraph in Amendment 10.                                                                                        
                                                                                                                                
CHAIR WILSON asked whether he was adding an objection to                                                                        
Amendment 10.                                                                                                                   
                                                                                                                                
SENATOR BEGICH stated that he had no objection to Amendment 10.                                                                 
                                                                                                                                
2:41:57 PM                                                                                                                    
CHAIR WILSON found no further objection, and Amendment 10 was                                                                   
adopted.                                                                                                                        
                                                                                                                                
2:42:10 PM                                                                                                                    
CHAIR WILSON moved to adopt Amendment 11, work order 32-                                                                        
GS1730\B.39.                                                                                                                    
                                                                                                                                
                                                32-GS1730\B.39                                                                  
                                                      Dunmire                                                                   
                                                      3/16/22                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 11                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE         BY SENATOR HUGHES                                                                            
          TO:  CSSB 124(HSS), Draft Version "B"                                                                                 
                                                                                                                                
                                                                                                                                
     Page 11, following line 1:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 19. AS 47.30.840(a) is amended to read:                                                                     
               (a)    A   person  undergoing  evaluation  or                                                                    
          treatment under AS 47.30.660 - 47.30.915                                                                              
                    (1)  may not be photographed without                                                                        
               the   person's  consent   and  that   of  the                                                                    
               person's  guardian if  a  minor, except  that                                                                    
               the   person   may   be   photographed   upon                                                                    
               admission  to a  facility for  identification                                                                    
               and  for   administrative  purposes   of  the                                                                    
               facility;    all    photographs   shall    be                                                                    
               confidential and may only  be released by the                                                                    
               facility  to  the  patient or  the  patient's                                                                    
               designee unless a court orders otherwise;                                                                        
                    (2)  at the time of admission to an                                                                         
               evaluation or treatment  facility, shall have                                                                    
               reasonable precautions taken  by the staff to                                                                    
               inventory   and   safeguard   the   patient's                                                                    
               personal  property; a  copy of  the inventory                                                                    
               signed by  the staff  member making  it shall                                                                    
               be given  to the  patient and  made available                                                                    
               to  the  patient's  attorney  and  any  other                                                                    
               person authorized  by the patient  to inspect                                                                    
               the document;                                                                                                    
                    (3)  shall have  access to an individual                                                                    
               storage space  for the patient's  private use                                                                    
               while undergoing evaluation or treatment;                                                                        
                    (4)     shall   be  permitted   to  wear                                                                    
               personal clothing,  to keep and  use personal                                                                    
               possessions  including   toilet  articles  if                                                                    
               they  are  not   considered  unsafe  for  the                                                                    
               patient  or  other  patients who  might  have                                                                    
               access to  them, and to  keep and  be allowed                                                                    
               to spend  a reasonable  sum of  the patient's                                                                    
               own  money   for  the  patient's   needs  and                                                                    
               comfort;                                                                                                         
                    (5)   shall be allowed to  have visitors                                                                    
               at reasonable times;                                                                                             
                    (6)   shall have ready access  to letter                                                                    
               writing  materials,   including  stamps,  and                                                                    
               have the  right to send and  receive unopened                                                                    
               mail;                                                                                                            
                    (7)   shall have reasonable access  to a                                                                    
               telephone,   both   to   make   and   receive                                                                    
               confidential calls;                                                                                              
                    (8)    has  the  right  to  be  free  of                                                                    
               corporal punishment;                                                                                             
                    (9)     has  the  right   to  reasonable                                                                    
               opportunity for  indoor and  outdoor exercise                                                                    
               and recreation;                                                                                                  
                    (10)   has  the right,  at any  time, to                                                                    
               have  a  telephone  conversation with  or  be                                                                    
               visited by an attorney;                                                                                          
                    (11)   may not be retaliated  against or                                                                    
               subjected   to   any    adverse   change   of                                                                    
               conditions  or  treatment solely  because  of                                                                    
               assertion of rights under this section;                                                                      
                    (12)   if  the person  is a  minor or  a                                                                
               vulnerable adult,  may not be  transferred to                                                                
               a different evaluation  or treatment facility                                                                
               before  the  facility   where  the  minor  or                                                                
               vulnerable  adult   is  currently  undergoing                                                                
               evaluation  or treatment  makes a  good faith                                                                
               attempt  to notify  a parent  or guardian  of                                                                
               the minor  or the guardian of  the vulnerable                                                                
               adult,   as  applicable,   of  the   proposed                                                                
               transfer;  in   this  paragraph,  "vulnerable                                                                
               adult"    has    the   meaning    given    in                                                                
               AS 47.24.900."                                                                                               
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 13, lines 1 - 2:                                                                                                      
          Delete "secs. 1 - 27"                                                                                                 
          Insert "secs. 1 - 28"                                                                                                 
                                                                                                                                
     Page 13, lines 27 - 28:                                                                                                    
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 13, line 29:                                                                                                          
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 14, line 7:                                                                                                           
          Delete "Section 28"                                                                                                   
          Insert "Section 29"                                                                                                   
                                                                                                                                
2:21:12 PM                                                                                                                    
CHAIR WILSON objected for discussion purposes.                                                                                  
                                                                                                                                
2:42:22 PM                                                                                                                    
MR. WHITT thanked  Chair Wilson for offering Amendment  11 at the                                                               
request of Senator Hughes.                                                                                                      
                                                                                                                                
MR. WHITT explained that Amendment 11  would add a new Section 19                                                               
that amends AS 47.30.840(a) by adding paragraph (12) that reads:                                                                
                                                                                                                                
     (12) if  the person is  a minor or a  vulnerable adult,                                                                    
     may  not be  transferred to  a different  evaluation or                                                                    
     treatment facility before the  facility where the minor                                                                    
     or vulnerable adult  is currently undergoing evaluation                                                                    
     or treatment  makes a  good faith  attempt to  notify a                                                                    
     parent or guardian of the  minor or the guardian of the                                                                    
     vulnerable  adult,  as   applicable,  of  the  proposed                                                                    
     transfer;  in this  paragraph,  "vulnerable adult"  has                                                                    
     the meaning given in AS 47.24.900."                                                                                        
                                                                                                                                
MR. WHITT noted  that this section of law is  entitled, "Right to                                                               
privacy and personal possessions;  other rights.  He related that                                                               
Senator Hughes  believes it is  important to place  this language                                                               
in  AS  47.30.840  to  emphasize the  fundamental  rights  of  an                                                               
individual  being committed  involuntarily. He  acknowledged that                                                               
someone who is committed involuntarily  could not control certain                                                               
things,  but  this  would  ensure the  person  was  afforded  the                                                               
fundamental  right of  having their  parent or  guardian notified                                                               
before being  transferred to a different  evaluation or treatment                                                               
center. He  acknowledged that a  medical emergency  could require                                                               
transferring a  minor or vulnerable  adult from a facility  to an                                                               
emergency medical  care or facility.  Nevertheless, a  good faith                                                               
attempt to notify  a parent or guardian would  still be required.                                                               
For instance,  medical staff  could make  a telephone  call while                                                               
the  person is  being transported.  He stated  the intent  was to                                                               
provide some leniency for emergencies.                                                                                          
                                                                                                                                
2:44:44 PM                                                                                                                    
CHAIR WILSON expressed concern with Amendment 11.                                                                               
                                                                                                                                
2:44:50 PM                                                                                                                    
SENATOR COSTELLO observed that in  this context, the language "of                                                               
the proposed transfer" implies that  the parent or guardian would                                                               
be contacted to obtain permission.                                                                                              
                                                                                                                                
2:46:08 PM                                                                                                                    
MR. WHITT acknowledged  that could be an issue.  He suggested the                                                               
chair  consider   withdrawing  Amendment  11  to   allow  further                                                               
discussion with the department.                                                                                                 
                                                                                                                                
2:46:41 PM                                                                                                                    
SENATOR COSTELLO  asked whether Amendment 11  addresses a current                                                               
issue. She wondered  whether parents or guardians  were not aware                                                               
when minors were  being transferred to a  different evaluation or                                                               
treatment  center. She  also asked  whether it  was possible  for                                                               
someone who is not the author of Amendment 11 to withdraw it.                                                                   
                                                                                                                                
SENATOR BEGICH pointed out that the chair made the motion.                                                                      
                                                                                                                                
CHAIR WILSON confirmed that he  offered Amendment 11 on behalf of                                                               
Senator Hughes.                                                                                                                 
                                                                                                                                
2:47:12 PM                                                                                                                    
CHAIR WILSON offered  his view that some items  were for existing                                                               
residential  facilities because  many of  these things  would not                                                               
necessarily  occur in  a crisis  stabilization  center since  the                                                               
patient would  not be there  more than  23 hours and  59 minutes.                                                               
For instance, he noted that paragraph  (6) refers to mail, but it                                                               
was  highly  unlikely  someone would  receive  mail  within  that                                                               
timeframe.                                                                                                                      
                                                                                                                                
2:27:43 PM                                                                                                                    
CHAIR WILSON withdrew Amendment 11.                                                                                             
                                                                                                                                
2:47:53 PM                                                                                                                    
SENATOR BEGICH moved to adopt Amendment 12.                                                                                     
                                                                                                                                
[Amendment  12 is  based on  work order  32-GS1730\B.40 that  was                                                               
drafted  by  Legal Services.  Amendment  12  replaces the  phrase                                                               
 adopted as a  Patient Bill of Rights   that is on line  8 of the                                                               
work order  with the phrase  added  to AS 47.30.825  that  is the                                                               
statutory reference for patient medical rights.]                                                                                
                                                                                                                                
                                                                                                                                
                          AMENDMENT 12                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE         BY SENATOR BEGICH                                                                            
         TO:  CSSB 124(HSS), Draft Version "B"                                                                                  
                                                                                                                                
                                                                                                                                
     Page 13, line 4:                                                                                                           
          Delete "and"                                                                                                          
          Insert ","                                                                                                            
          Following "available":                                                                                                
               Insert ", and make the report available to                                                                       
               the public"                                                                                                      
                                                                                                                                
     Page 13, line 10, following "rights,":                                                                                     
          Insert "including items that could be [added to                                                                       
          AS 47.30.825],"                                                                                                       
                                                                                                                                
     Page 13, line 15, following "matters":                                                                                     
          Insert "and provide recommendations for making                                                                        
          this information available to the public"                                                                             
                                                                                                                                
CHAIR WILSON requested an explanation.                                                                                          
                                                                                                                                
2:47:58 PM                                                                                                                    
SENATOR  BEGICH  explained  that  Amendment  12  relates  to  the                                                               
discussions   with  patient   advocates.   It   would  add   some                                                               
recommendations from  the annual report to  AS 47.30.825. Patient                                                               
medical rights.                                                                                                                 
                                                                                                                                
2:48:44 PM                                                                                                                    
SENATOR REINBOLD asked to be added as a sponsor of Amendment 12.                                                                
                                                                                                                                
SENATOR BEGICH agreed.                                                                                                          
                                                                                                                                
CHAIR  WILSON  stated  that Senators  Begich  and  Reinbold  were                                                               
offering Amendment 12.                                                                                                          
                                                                                                                                
2:49:06 PM                                                                                                                    
SENATOR COSTELLO  pointed out that  lines 10-12 of  the amendment                                                               
requires  the report  to include  recommendations for  making the                                                               
information available to the public,  and line 5 adds language to                                                               
make  the  report   available  to  the  public.   She  asked  for                                                               
clarification of the intent of the redundancy.                                                                                  
                                                                                                                                
2:49:38 PM                                                                                                                    
SENATOR  BEGICH directed  attention to  page 13,  lines 13-15  of                                                               
Version  B. He  said  the  advocates wanted  to  ensure that  the                                                               
public  knows about  the recommendations  in the  report, so  the                                                               
redundancy  is  for emphasis.  His  understanding  was that  some                                                               
people did not feel they received information regularly.                                                                        
                                                                                                                                
2:50:34 PM                                                                                                                    
SENATOR COSTELLO stated  that she would not  oppose the amendment                                                               
because  she believes  it's important,  but she  wondered if  the                                                               
language was strong enough.                                                                                                     
                                                                                                                                
2:51:04 PM                                                                                                                    
SENATOR  BEGICH said  the amendment  requires  the department  to                                                               
make the  report that  goes to the  legislature available  to the                                                               
public.  He said  he believes  the amendment  takes a  reasonable                                                               
approach  but   additional  language   could  be  added   if  the                                                               
department is not responsive.                                                                                                   
                                                                                                                                
2:51:39 PM                                                                                                                    
MS. CARPENTER stated  that Section 26 of Version  B establishes a                                                               
report to the legislature, which  would require the department to                                                               
review  data collection  and reporting  of patent  grievances and                                                               
appeals,  patient   reports  of  harm  and   restraint,  and  the                                                               
resolution of  these matters. She  stated that the intent  of the                                                               
amendment was to take it a  step further by asking the department                                                               
to provide recommendations for  making this information available                                                               
to the  public, such as on  a dashboard. She stated  that some of                                                               
this information was  already available, such as  the API monthly                                                               
report to the department, but this would provide easy access.                                                                   
                                                                                                                                
2:52:19 PM                                                                                                                    
SENATOR  COSTELLO  offered  her   view  that  the  amendment,  as                                                               
written, would not  achieve that goal, but she  would support the                                                               
intent.                                                                                                                         
                                                                                                                                
2:52:29 PM                                                                                                                    
CHAIR WILSON removed his objection.                                                                                             
                                                                                                                                
2:52:36 PM                                                                                                                    
SENATOR  REINBOLD  commented  that   Article  10,  AS  47.30.825,                                                               
relates to patient medical rights  while receiving treatment. She                                                               
stated that she liked Amendment  12 because it places emphasis on                                                               
the report.  She offered  her view that  coercive actions  do not                                                               
help,  and  that if  people  consider  the patient's  rights  and                                                               
needs, they would be more cooperative.                                                                                          
                                                                                                                                
2:53:18 PM                                                                                                                    
CHAIR WILSON withdrew his objection; he found no further                                                                        
objection, and Amendment 12 was adopted.                                                                                        
                                                                                                                                
2:53:25 PM                                                                                                                    
SENATOR REINBOLD moved to adopt Amendment 13, work order 32-                                                                    
GS1730\B.2.                                                                                                                     
                                                                                                                                
                                                 32-GS1730\B.2                                                                  
                                                      Dunmire                                                                   
                                                      3/16/22                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 13                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE         BY SENATOR REINBOLD                                                                          
         TO:  CSSB 124(HSS), Draft Version "B"                                                                                  
                                                                                                                                
                                                                                                                                
     Page 3, following line 24:                                                                                                 
          Insert a new bill section to read:                                                                                    
      "* Sec. 11. AS 47.30.700 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (c)  When a  crisis  stabilization center,  crisis                                                                    
          residential   center,   evaluation  facility,   or                                                                    
          treatment facility admits  a respondent under this                                                                    
          section, the  crisis stabilization  center, crisis                                                                    
          residential   center,   evaluation  facility,   or                                                                    
          treatment facility shall,  unless the petition was                                                                    
          filed  by  an  immediate   family  member  of  the                                                                    
          respondent,  immediately  notify the  respondent's                                                                    
          immediate  family,  or,  if the  respondent  is  a                                                                    
          minor,  a parent  or guardian  of the  minor, that                                                                    
          the respondent has been admitted."                                                                                    
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 4, line 17:                                                                                                           
          Delete "a new subsection"                                                                                             
          Insert "new subsections"                                                                                              
                                                                                                                                
     Page 4, following line 21:                                                                                                 
          Insert a new subsection to read:                                                                                      
          "(d)  When a crisis stabilization center, crisis                                                                      
     residential center,  evaluation facility,  or treatment                                                                    
     facility  admits  a  person  under  this  section,  the                                                                    
     crisis   stabilization   center,   crisis   residential                                                                    
     center,  evaluation  facility,  or  treatment  facility                                                                    
     shall   immediately  notify   the  person's   immediate                                                                    
     family,  or, if  the person  is  a minor,  a parent  or                                                                    
     guardian  of  the  person, that  the  person  has  been                                                                    
     admitted."                                                                                                                 
                                                                                                                                
     Page 13, lines 1 - 2:                                                                                                      
          Delete "secs. 1 - 27"                                                                                                 
          Insert "secs. 1 - 28"                                                                                                 
                                                                                                                                
     Page 13, lines 27 - 28:                                                                                                    
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 13, line 29:                                                                                                          
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 14, line 7:                                                                                                           
          Delete "Section 28"                                                                                                   
          Insert "Section 29"                                                                                                   
                                                                                                                                
2:53:26 PM                                                                                                                    
CHAIR WILSON objected for discussion purposes.                                                                                  
                                                                                                                                
2:53:28 PM                                                                                                                    
SENATOR REINBOLD explained that the  intent of Amendment 13 would                                                               
require immediate notification to  the immediate family or parent                                                               
or guardian  of a minor  that the  person has been  admitted. She                                                               
stated that she prefers patient  consent because it could lead to                                                               
a better  outcome, but  she was willing  to settle  for immediate                                                               
notification.                                                                                                                   
                                                                                                                                
2:54:09 PM                                                                                                                    
CHAIR  WILSON  related  his understanding  that  there  was  some                                                               
concern about  the meaning of   immediate family  member  because                                                               
of privacy rights.                                                                                                              
                                                                                                                                
2:54:17 PM                                                                                                                    
MS.  CARPENTER  said  the  department   has  concerns  about  how                                                               
Amendment  13  was  drafted  but   appreciates  the  intent.  The                                                               
concerns  relate  to  patient privacy  and  the  practicality  of                                                               
providing   immediate  notification.   She   explained  that   an                                                               
immediate family member might not  be a guardian, and the patient                                                               
might  be estranged  from  an immediate  family  member. She  was                                                               
unsure  whether  the  court  system had  a  database  that  could                                                               
determine  immediate  family  members   or  guardians  and  their                                                               
contact information.                                                                                                            
                                                                                                                                
2:55:08 PM                                                                                                                    
SENATOR   REINBOLD   voiced   concern  about   confining   people                                                               
involuntarily and  offered her belief that  family members needed                                                               
to be notified to provide patient advocacy.                                                                                     
                                                                                                                                
2:55:42 PM                                                                                                                    
SENATOR BEGICH stated that he  shared Ms. Carpenter's concern. He                                                               
said it isn't possible to know  if the immediate family member is                                                               
a  loved one.  He offered  his view  that potential  damage could                                                               
occur and  that sometimes it is  not in the best  interest of the                                                               
person having  a psychotic  episode to  have their  family member                                                               
notified. He suggested that the  family member may have triggered                                                               
the psychotic episode. He indicated  that he was conflicted about                                                               
the amendment  and probably  would not  support it.  He suggested                                                               
that this amendment  could be worked on in the  next committee of                                                               
referral,  the Senate  Judiciary Committee.  He acknowledged  the                                                               
intent was  to prevent someone  experiencing a  psychotic episode                                                               
from being stranded in a facility  without a person to help them.                                                               
Still, he  would like to  ensure that  this would not  be placing                                                               
the person in crisis in the hands of the predator.                                                                              
                                                                                                                                
2:57:15 PM                                                                                                                    
SENATOR   COSTELLO   pointed   out  that   the   language   says,                                                               
"immediately  notify." She  recalled discussions  on notification                                                               
the committee held on a  previous amendment. She asked whether it                                                               
might  be better  to notify  the guardian  of a  vulnerable adult                                                               
instead of requiring an immediate family member to be notified.                                                                 
                                                                                                                                
MS. CARPENTER responded  that she would need to  review this with                                                               
the Department  of Law. She  reminded the committee  that Section                                                               
16  of Version  B already  strengthens current  law by  requiring                                                               
private and public guardians to  be notified. For that reason she                                                               
believes the department was meeting the intent.                                                                                 
                                                                                                                                
2:58:53 PM                                                                                                                    
SENATOR COSTELLO  asked whether  the committee could  request the                                                               
department  provide  a  written  response  to  Amendment  13  and                                                               
whether this concern is addressed by other statutes in the bill.                                                                
                                                                                                                                
2:59:13 PM                                                                                                                    
MS. CARPENTER asked whether she meant  if it were changed from an                                                               
immediate family member to a guardian.                                                                                          
                                                                                                                                
SENATOR COSTELLO answered yes.                                                                                                  
                                                                                                                                
2:59:23 PM                                                                                                                    
SENATOR  REINBOLD opined  that there  was a  far greater  risk of                                                               
alienating  a  patient  if  the department  does  not  notify  an                                                               
immediate family member without consent within 24 hours.                                                                        
                                                                                                                                
3:00:39 PM                                                                                                                    
SENATOR  BEGICH  suggested  the committee  consider  notifying  a                                                               
legal guardian instead of an immediate family member.                                                                           
                                                                                                                                
3:01:22 PM                                                                                                                    
SENATOR REINBOLD asked if a conceptual amendment was being made.                                                                
                                                                                                                                
SENATOR BEGICH responded he was only contemplating a solution.                                                                  
                                                                                                                                
3:01:30 PM                                                                                                                    
CHAIR  WILSON stated  he thinks  the difference  was the  subject                                                               
title for Amendment 10.                                                                                                         
                                                                                                                                
3:01:53 PM                                                                                                                    
SENATOR COSTELLO asked for more time to consider Amendment 13.                                                                  
                                                                                                                                
3:02:16 PM                                                                                                                    
SENATOR  BEGICH  moved  to  table Amendment  13  until  the  next                                                               
meeting.                                                                                                                        
                                                                                                                                
3:02:25 PM                                                                                                                    
CHAIR WILSON found  no objection, and tabled Amendment  13 to the                                                               
next meeting.                                                                                                                   
                                                                                                                                
[SB 124 was held in committee.]                                                                                                 
                                                                                                                                
3:03:12 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Wilson adjourned  the Senate  Health  and Social  Services                                                               
Standing Committee meeting at 3:03 p.m.                                                                                         

Document Name Date/Time Subjects
SB 124 Amend. 1-39 3.17.22.pdf SHSS 3/17/2022 1:30:00 PM
SHSS 3/22/2022 1:30:00 PM
SHSS 3/29/2022 1:30:00 PM
SHSS 4/7/2022 1:30:00 PM
SB 124
SB 124 - Letter Psych Rights 3.7.22.pdf SHSS 3/8/2022 1:30:00 PM
SHSS 3/17/2022 1:30:00 PM
SB 124
SB 124 CS Work Draft V. B.pdf SHSS 3/8/2022 1:30:00 PM
SHSS 3/17/2022 1:30:00 PM
SHSS 3/22/2022 1:30:00 PM
SB 124
SB 124 DPS Juvenile Custody 3.17.22_.pdf SHSS 3/17/2022 1:30:00 PM
SJUD 4/27/2022 1:30:00 PM
SB 124
SB 124 Amendments Considered 1-12 3.17.22.pdf SHSS 3/17/2022 1:30:00 PM
SHSS 3/22/2022 1:30:00 PM
SB 124