Legislature(2021 - 2022)BUTROVICH 205
03/29/2022 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB124 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 124 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 29, 2022
1:33 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Shelley Hughes, Vice Chair
Senator Mia Costello
Senator Lora Reinbold
Senator Tom Begich
MEMBERS ABSENT
All members present
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
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
03/17/22 (S) Heard & Held
03/17/22 (S) MINUTE(HSS)
03/22/22 (S) HSS AT 1:30 PM BUTROVICH 205
03/22/22 (S) Heard & Held
03/22/22 (S) MINUTE(HSS)
03/23/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/23/22 (S) <Bill Hearing Canceled>
03/25/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/25/22 (S) -- MEETING CANCELED --
03/29/22 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
LEON MORGAN, Deputy Commissioner
Department of Public Safety
Juneau, Alaska
POSITION STATEMENT: Answered questions on SB 124.
HEATHER CARPENTER, Health Care Policy Advisor
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.
ACTION NARRATIVE
1:33:00 PM
CHAIR DAVID WILSON called the Senate Health and Social Services
Standing Committee meeting to order at 1:33 p.m. Present at the
call to order were Senators Begich, Costello, Reinbold, Hughes,
and Chair Wilson.
SB 124-MENTAL HEALTH FACILITIES & MEDS
1:33:21 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."
[SB 124 was previously heard on 4/27/21, 5/4/21, 3/8/22,
3/15/22, 3/17/22, and 3/22/22.]
CHAIR WILSON stated that the committee would continue to
consider amendments.
1:34:17 PM
SENATOR REINBOLD moved to adopt Amendment 15, work order 32-
GS1730\B.5.
32-GS1730\B.5
Ambrose/Dunmire
3/14/22
AMENDMENT 15
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: CSSB 124(HSS), Draft Version "B"
Page 6, line 5:
Delete "does not include"
Insert "includes"
Page 10, line 7, following "facility":
Insert ", and computations of a 72-hour
evaluation period under AS 47.30.708 do not include
any period of time necessary to transport the
respondent to the treatment facility"
1:34:20 PM
CHAIR WILSON objected for discussion purposes.
1:34:21 PM
SENATOR REINBOLD explained that Amendment 15 would include
transportation time when computing the 72-hour evaluation
period.
1:34:48 PM
CHAIR WILSON asked for the reference in the bill.
SENATOR REINBOLD referred to page 10, line 7.
1:35:21 PM
SENATOR COSTELLO asked what was meant by transportation time.
1:35:27 PM
CHAIR WILSON asked for a description of transportation time and
if it begins when the person is picked up or dropped off.
1:35:42 PM
SENATOR REINBOLD directed attention to page 6, line 5, and read,
"The hearing shall be held at the crisis residential center
...."
1:36:33 PM
SENATOR BEGICH expressed concern with Amendment 15. He stated
that when working in the Juvenile Justice System, staff was
concerned about adequate time to provide counseling during the
review. He offered his belief that the Alaska Psychiatric
Institute time was 72 hours for the full evaluation as an
optimal time for a clinical psychologist to evaluate the
patient. Amendment 15 would change the standard. For example, if
a youth were picked up in Unalakleet but took two days to obtain
a flight, it would not allow time for a complete clinical
evaluation. He suggested that could limit the service provided
to the patient. He explained that the intent was not to have the
patient in limbo. However, including travel time could harm the
patient. He pointed out a technical error on line 11. It reads
"treatment facility," which should be "crisis residential
center.
1:38:21 PM
SENATOR REINBOLD read, [page 6, lines 4-5 "Computation of the
72-hour period at a crisis residential center before a hearing
does not include Saturdays, Sundays, and legal holidays." She
stated that Amendment 15 would insert:
Page 10, line 7, following "facility":
Insert ", and computations of a 72-hour
evaluation period under AS 47.30.708 do not include
any period of time necessary to transport the
respondent to the treatment facility"
SENATOR REINBOLD related that the language in the bill goes on
to say that the hearing shall be held at the crisis residential
center in person, by contemporaneous two-way video conference,
or by teleconference. She wondered why 72 hours would not be
enough.
1:39:05 PM
SENATOR BEGICH explained that 72 hours was necessary for
clinical interaction to determine the best resources for the
patient. He expressed concern that including the transportation
time and Saturdays and Sundays might mean the clinician has no
time for clinical interaction with the patient.
1:39:51 PM
SENATOR HUGHES asked if this includes the travel time from when
the law enforcement officer picks up the person and takes them
to the crisis residential center.
1:40:06 PM
SENATOR REINBOLD responded by reading, "When under this section
the court grants an application to admit the respondent within
the crisis center, the court shall set a time for the hearing to
be held within 72 hours after the respondent's arrival at the
crisis stabilization center
1:40:27 PM
SENATOR HUGHES asked if she wanted to exclude the travel time
from the moment the law enforcement officer picks up the patient
and takes them to the crisis residential center.
SENATOR REINBOLD directed attention to page 6, line 5. The
language "does not include" would be deleted and the term
"includes" would be inserted.
CHAIR WILSON acknowledged that Amendment 15 would include any
transportation by law enforcement or emergency medical services.
1:41:19 PM
SENATOR HUGHES envisioned that transportation in Anchorage or
Palmer might be 30 minutes. However, she imagined a person could
be stranded in a village due to bad weather, perhaps for 38
hours.
1:42:03 PM
LEON MORGAN, Deputy Commissioner, Department of Public Safety
Juneau, Alaska, related his understanding the question was the
length of time to transport someone to a crisis stabilization
center. He stated that in urban Alaska transportation time is
short, but it would vary in Western, Southeast, and rural areas
on the road system. He emphasized that it is a priority to
transport people on mental health holds to the proper facility.
He estimated it would likely take 24 hours.
1:43:17 PM
HEATHER CARPENTER, Health Care Policy Advisor, Department of
Health and Social Services (DHSS), Juneau, Alaska, agreed with
Deputy Commissioner Morgan that the department sometimes must
coordinate or secure transport from a rural location or off the
road system. She recalled a recent case in Southeast Alaska that
was outside the Juneau community where the Designated Evaluation
and Treatment Center (DET) is located. In that instance, it took
over 24 hours to get transportation. She suggested that if a
rural hospital established a crisis residential center in
Kotzebue, it might be necessary to coordinate a flight to get
the patient to the center. She stressed the necessity for 72
hours for the clinical assessment.
1:44:07 PM
SENATOR HUGHES said she shares Senator Reinbold's concern that
someone who was delayed by weather could be detained for five
days, which seemed like an infringement. She hoped that the
providers could use teleconferencing to provide counseling when
the person was detained by bad weather. She asked for suggested
remedies.
MS. CARPENTER stated that the department uses telehealth where
possible. She said in cases where someone cannot be transported,
per the settlement with the Disability Law Center, the
department must perform a reevaluation to ensure that the person
still meets the criteria after 48 hours. She stated that it was
rare for this to occur. However, it could take close to 24 hours
to transport the person by flight and arrive at the facility.
1:45:56 PM
SENATOR HUGHES highlighted that most villages have primary care
clinics. She suggested that if a person was held in the primary
care center, treatment could begin using telehealth. She agreed
it would not be the same as at the crisis residential center,
but services could start and not put rural residents in an
unfair situation.
1:46:45 PM
CHAIR WILSON stated that a billing disparity occurs in
telehealth and the legislature was considering a bill that would
address that. However, many providers will not offer services
without being reimbursed.
MS. CARPENTER responded that it would depend on the location.
She noted that not all patients would be transported to API
because they would use the three evaluation treatment center
hospitals located in Fairbanks, Mat-Su (Palmer), and Juneau. She
offered to reach out to the hospitals regarding telehealth
capabilities.
1:48:01 PM
SENATOR HUGHES stated that this section refers to crisis
stabilization centers, not hospitals. She highlighted that the
crisis stabilization centers must conduct hearings through two-
way video conferences. She offered her view that the primary
care clinics, which are part of the Community Health Center
system, have that capability. She did not see why treatment
couldn't begin once the law enforcement officer transported the
person to the clinic. She said she was uncomfortable that some
residents would be held for longer than 72 hours.
1:49:01 PM
SENATOR COSTELLO referred to the language in the second part of
Amendment 15 and asked the sponsor whether she intended to
exclude the crisis evaluation centers in that part of the
amendment.
1:49:49 PM
SENATOR REINBOLD related a scenario in which she lost a crown on
a Friday, the dentist is closed on Saturday and Sunday, and
Monday was a holiday. She offered her view that it is not fair
to the patient to be trapped because of holidays. She stated
that her goal was to help patients as quickly as possible. She
noted that the department and DPS said 24 hours is the typical
transportation in rural Alaska. She said Amendment 15 seemed
very reasonable.
1:50:48 PM
SENATOR COSTELLO suggested that excluding Saturdays, Sundays,
and legal holidays doesn't seem right because the person would
be rushed to a crisis residential center during that time only
to wait for treatment. However, Amendment 15 would change
existing statute. She referred to lines 5-7 of Amendment 15,
which would delete new provisions related to detention at a
crisis residential center. She expressed concern that this means
the person would not be taken to a crisis residential center.
1:51:46 PM
CHAIR WILSON deferred to Mr. Bookman.
1:52:08 PM
STEVEN BOOKMAN, Senior Assistant Attorney General, Human
Services Section, Civil Division, Department of Law, Anchorage,
Alaska, stated that Senator Costello's concerns were correct. It
does not make sense to separate the new and existing facilities.
1:52:34 PM
SENATOR COSTELLO suggested tabling Amendment 15.
CHAIR WILSON noted the bill has two more committees of referral
to fix some of these issues. He suggested that the committee
should proceed.
1:53:11 PM
SENATOR COSTELLO asked what currently happens when someone is
brought in for evaluation on a Saturday, Sunday, or holiday. She
wondered whether the 72 hours begin after the weekend or
holiday.
MS. CARPENTER deferred to Mr. Bookman.
MR. BOOKMAN responded that is correct. If the person were
brought to the facility on a Saturday, the clock would start on
Monday.
1:53:56 PM
CHAIR WILSON said he shares Senator Begich's concern about the
need to provide health care professionals adequate time to
perform an evaluation.
1:54:06 PM
SENATOR REINBOLD stated that the intent of Amendment 15 was to
have the patient seen within 72 hours, including transportation
time, regardless of the facility.
1:54:36 PM
CHAIR WILSON maintained his objection.
1:54:39 PM
At ease
1:57:21 PM
CHAIR WILSON reconvened the meeting.
1:57:29 PM
A roll call vote was taken. Senator Reinbold voted in favor of
the motion to adopt Amendment 15, and Senators Begich, Hughes,
Costello, and Wilson voted against it. Therefore, Amendment 15
failed on a 1:4 vote.
CHAIR WILSON announced that Amendment 15 failed on a vote of 1
yea and 4 nays.
1:57:53 PM
SENATOR HUGHES expressed concern about the additional time
patients in rural areas are held before receiving treatment,
noting that it could be for eight days.
1:58:20 PM
SENATOR REINBOLD moved to adopt Amendment 16, work order 32-
GS1730\B.6.
32-GS1730\B.6
Dunmire/Foote
3/14/22
AMENDMENT 16
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: CSSB 124(HSS), Draft Version "B"
Page 5, following line 7:
Insert a new subsection to read:
"(c) The examination under (a) of this section
must include evaluation of whether the respondent is
suffering from medication-induced psychosis or
psychosis caused by drug withdrawal. The mental health
professional shall consult with qualified medical
personnel to address any findings."
1:58:24 PM
CHAIR WILSON objected for discussion purposes.
1:58:26 PM
SENATOR REINBOLD read Amendment 16.
1:59:03 PM
SENATOR BEGICH asked whether qualified medical personnelwas a
medical doctor, a registered nurse, or someone else.
CHAIR WILSON offered his view that the term is not defined.
1:59:31 PM
SENATOR REINBOLD suggested that this would be addressed in later
amendments. She stated her preference was for the term to refer
to licensed medical professionals, including a psychiatrist,
psychologist, physician assistant, or physician.
1:59:53 PM
SENATOR COSTELLO asked whether this was the whole point of the
evaluation and it would happen anyway.
MS. CARPENTER answered that she was correct that the medical
personnel, including the mental health professionals on site at
these locations would assess what this amendment would require.
2:00:18 PM
SENATOR REINBOLD suggested that the mental health advocates and
a psychiatrist she's worked with thought it was important to
discriminate between someone with a medication-induced psychosis
or psychosis caused by drug withdrawal.
CHAIR WILSON stated that there is no definition of it in the
bill or statute.
2:01:01 PM
SENATOR REINBOLD responded that the mental health professional
would be the person treating the patient, or it would be a
qualified medical person.
2:01:28 PM
SENATOR BEGICH acknowledged it was redundant language. He asked
whether it caused any harm.
MS. CARPENTER responded that the language "shall consult with
qualified medical personnel" offers some confusion because that
term is not defined. The department believes the "mental health
professional" would be considered the "qualified medical
personnel."
2:02:00 PM
SENATOR REINBOLD stated that she did not think the term needed
to be defined. She said that Amendment 16 was to determine
whether the episode was caused by drug withdrawal or a
medication-induced psychosis.
MS. CARPENTER stated that without a definition, the department
would need to define it in regulation. She noted that there
would not be a statutory definition to reference.
2:02:53 PM
SENATOR REINBOLD related her understanding that a mental health
professional would conduct the examination and consult with a
qualified medical person to address any findings.
2:03:37 PM
CHAIR WILSON highlighted that the issue could be who somebody
would consult with if there was an individual who had both
medical and mental health expertise.
SENATOR REINBOLD asked who has the legal ability to do the exam.
MS. CARPENTER answered that the "mental health professionalis
defined in AS 47.30.915(13). She paraphrased the definition,
which read:
(13) "mental health professional" means a
psychiatrist or physician who is licensed by the State
Medical Board to practice in this state or is employed
by the federal government; a clinical psychologist
licensed by the state Board of Psychologist and
Psychological Associate Examiners; a psychological
associate trained in clinical psychology and licensed
by the Board of Psychologist and Psychological
Associate Examiners; an advanced practice registered
nurse or a registered nurse with a master's degree in
psychiatric nursing, licensed by the State Board of
Nursing; a marital and family therapist licensed by
the Board of Marital and Family Therapy; a
professional counselor licensed by the Board of
Professional Counselors; a clinical social worker
licensed by the Board of Social Work Examiners; and a
person who
(A) has a master's degree in the field of mental
health;
(B) has at least 12 months of post-masters working
experience in the field of mental illness; and
(C) is working under the supervision of a type of
licensee listed in this paragraph;
2:05:23 PM
SENATOR REINBOLD asked if the department was concerned about the
mental health professional consultation.
MS. CARPENTER responded that as drafted, Amendment 15, lines 5-
6, has a qualifier "shall consult with qualified medical
profession" that is not defined.
2:05:52 PM
SENATOR REINBOLD wondered why the department wouldn't want
someone with that expertise. She said that the mental health
advocates flagged this amendment as critically important.
SENATOR HUGHES related her understanding that the determination
was standard procedure. She noted that Ms. Carpenter listed the
"mental health professionals" and said it would be odd for them
to consult with themselves. She stated that some of the "mental
health professionals" do not have prescribing authority. She
asked whether these professionals would be in touch with medical
providers as a standard part of this process.
2:08:08 PM
MS. CARPENTER answered yes, they would be in touch with other
medical personnel, including the medical "professional person in
charge," which is also defined. She read:
(17) "professional person in charge" means the senior
mental health professional at a facility or that
person's designee; in the absence of a mental health
professional it means the chief of staff or a
physician designated by the chief of staff;
2:08:31 PM
SENATOR HUGHES stated that since this is a standard procedure
and already occurs, she would like to call the question.
2:08:43 PM
SENATOR REINBOLD asked for a specific statutory reference. She
said she was unsure that this actually would happen. She stated
that Amendment 16 would protect patients.
CHAIR WILSON offered his view that the committee went through
the explanations.
SENATOR HUGHES stated that medical professionals could lose
their licenses if they do not follow standard best practices.
She said she was comfortable that this was happening.
2:09:37 PM
A roll call vote was taken. Senator Reinbold voted in favor of
the motion to adopt Amendment 16, and Senators Begich, Hughes,
Costello, and Wilson voted against it. Therefore, Amendment 16
failed on a 1:4 vote.
CHAIR WILSON announced that Amendment 16 failed on a vote of 1
yea, and 4 nays.
2:10:00 PM
SENATOR REINBOLD moved to adopt Amendment 17, work order 32-
GS1730\B.7.
32-GS1730\B.7
Ambrose/Foote
3/14/22
AMENDMENT 17
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: CSSB 124(HSS), Draft Version "B"
Page 8, line 9, following "AS 47.30.838":
Insert ", and only if the crisis stabilization
center or crisis residential center
(1) ascertains the date the respondent last
underwent a physical examination;
(2) administers the psychotropic medication
only as a last resort; and
(3) conducts an examination based on a
checklist developed by the department to exclude
commonly known issues that may contribute to
conditions and symptoms that mimic psychiatric
disorders"
2:10:03 PM
CHAIR WILSON objected for discussion purposes.
2:10:05 PM
SENATOR REINBOLD explained that Amendment 17 would provide a
checklist for the examination and require the medical
professional to use the most natural interventions, using
psychotropic medications as a last resort.
2:10:53 PM
CHAIR WILSON stated that Amendment 17 relates to a discussion on
a previous amendment, such that psychotropic medication would be
administered only in crisis situations when there was risk of
immediate harm to self or others. He offered his belief that it
might not be possible to ascertain the patient's last physical
examination. He said this provision does not apply to a
residential treatment center. He referred to paragraphs (2) and
(3). He offered his view that administering the psychotropic
medication only as a last resort and conducting and examining
based on a checklist were current practices. He clarified that
psychotropic medication would only be administered for crisis
situations, which are life and death situations. He related that
medical professionals would not administer other drugs without
the patient's consent, and the patient would be informed about
any side effects of long-term medications before being
prescribed.
2:12:14 PM
SENATOR REINBOLD offered her view that it was important to know
a person's medical history to provide a baseline and to
administer psychotropic drugs as a last resort because those
medications could have serious side effects. She expressed
concern that other conditions might mimic psychiatric disorders.
She stated these concerns were flagged by physicians and patient
advocates. She asked to read Faith Myers letter into the
record.
CHAIR WILSON denied the request and stated that Ms. Myer's
letter was available on BASIS for the public to read and that
the committee needed time to consider the remaining amendments.
2:14:44 PM
SENATOR COSTELLO offered her support for paragraph (3) on lines
6-8, but pointed out that the way the amendment is crafted, the
crisis residential center cannot help the individual unless they
determine the date they last had a physical examination. She
said she doesn't recall the last time she had a physical exam.
She expressed concern that adhering to these provisions could
prevent the patient from receiving treatment.
2:15:29 PM
SENATOR HUGHES related a scenario where a person had a heart
attack and medical professionals needed to administer medication
to save the life. Medical professionals would not have time to
review the person's medical history. She related her
understanding that a person in a crisis residential center could
be experiencing an extreme mental health episode. She stated
that medical professionals need to be able to administer
lifesaving treatment in these life-and-death situations and
would not have time to use the checklist to determine when they
had their last physical. She indicated that she would not
support Amendment 17.
2:16:40 PM
SENATOR REINBOLD stated that the amendment is added at the end
of subsection (d) on page 8, [lines 7-9] of Version B. It reads:
(d) A crisis stabilization center or crisis
residential center may administer psychotropic
medication to an involuntarily held or detained
respondent only in a manner that is consistent with AS
47.30.838.
2:17:04 PM
SENATOR REINBOLD emphasized the importance of ascertaining the
medical history because the respondent may have a side effect.
She related that her previous pharmaceutical work heightened her
concerns about drug interactions. She expressed concern that
instead of saving someone's life, medical professionals would
administer drugs that could potentially cause an adverse drug
reaction and result in their death. She maintained support for
paragraphs (2) and (3), which she read. She said, "I guess you
guys are really pro-injecting people with psychotropic
medications ..."
SENATOR BEGICH objected, stating that this was not germane to
this topic.
CHAIR WILSON called for a roll call vote.
2:18:13 PM
A roll call vote was taken. Senator Reinbold voted in favor of
the motion to adopt Amendment 17, and Senators Begich, Hughes,
Costello, and Wilson voted against it. Therefore, Amendment 17
failed on a 1:4 vote.
2:18:24 PM
CHAIR WILSON announced that Amendment 17 failed on a vote of one
yea and 4 nays.
2:18:34 PM
CHAIR WILSON stated Amendment 18 is identical to Amendment 5,
which the committee previously adopted.
SENATOR REINBOLD withdrew Amendment 18.
2:18:48 PM
SENATOR REINBOLD moved to adopt Amendment 19, work order 32-
GS1730\B.10.
32-GS1730\B.10
Dunmire
3/15/22
AMENDMENT 19
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: CSSB 124(HSS), Draft Version "B"
Page 4, line 29:
Delete "the professional person in charge"
Insert "a physician licensed to practice in this
state"
Page 7, line 24:
Delete "the professional person in charge"
Insert "a physician licensed to practice in this
state"
Page 7, line 26:
Delete "professional person in charge"
Insert "physician"
Page 8, line 4:
Delete "the professional person in charge"
Insert "a physician licensed to practice in this
state"
2:18:50 PM
CHAIR WILSON objected for discussion purposes.
2:18:51 PM
SENATOR REINBOLD explained that Amendment 19 provides that a
licensed physician would be in charge by replacing the language
"the professional person in charge" with "a physician licensed
to practice in this state."
2:19:37 PM
CHAIR WILSON offered his belief that Amendment 19 would limit
the number of physicians but that the state lacks medical
professionals, restricting the level of care that evaluation
centers could offer. It would change the definition of "mental
health professionals" Ms. Carpenter read earlier that evaluation
centers currently use.
SENATOR REINBOLD stated that Section 13 adds new sections to AS
47.30. She paraphrased AS 47.30.707 Admission to and hold at a
crisis stabilization center.
(a) Except as provided in (b) of this section, when a
crisis stabilization center admits a person on an
emergency basis under AS 47.30.705, the crisis
stabilization center may hold the person at the
center for a period not to exceed 23 hours and 59
minutes. A mental health professional shall
examine the respondent within three hours after
the respondent arrives at the center.
(b) If the professional person in charge at the
crisis stabilization center determines that there
is probable cause to believe that the
respondent's acute behavioral health crisis...
2:21:01 PM
SENATOR REINBOLD explained that Amendment 19 would require that
a physician with expertise would be in charge to ensure the
respondent would receive medical care.
2:21:32 PM
CHAIR WILSON offered his view that requiring a physician would
remove the ability for the centers to use a licensed advanced
nurse practitioner that practices psychiatric medicine.
2:21:40 PM
SENATOR BEGICH asked Mr. Bookman to confirm that existing
statute defines a professional person in charge
2:21:53 PM
MR. BOOKMAN answered yes, the definition in AS 47.30.915(17)
reads:
(17) "professional person in charge" means the senior
mental health professional at a facility or that
person's designee; in the absence of a mental health
professional it means the chief of staff or a
physician designated by the chief of staff;
2:22:30 PM
SENATOR REINBOLD stated that "chief of staff" is not necessarily
a medical position.
MR. BOOKMAN answered that chief of staff is a term of art not
addressed in these statutes. A "chief of staff" would be the
chief of the medical staff, and federal regulations cover who
can serve in that role. He said he believes that the person must
be a physician, but he would follow up with the committee.
2:23:37 PM
SENATOR REINBOLD offered her view that this complements
Amendment 19 and ensures that the person in charge is a
physician. She highlighted the importance of having a physician
in charge since psychotropic medications could be administered.
2:24:35 PM
SENATOR HUGHES stated that she knows someone who is a physician
assistant who specializes in mental health. She said she would
rather have that person making the decisions than an
obstetrician, or ear, nose, and throat (ENT) doctor. She
indicated that she was uncomfortable limiting it to physicians,
especially given the shortage of physicians in the state. She
emphasized that having those familiar with mental health care in
charge would be better.
SENATOR REINBOLD directed attention to page 4, line 29, noting
that this would refer to the professional in charge at the
center, not at a hospital. She maintained her preference to have
a licensed physician in charge.
2:25:51 PM
A roll call vote was taken. Senator Reinbold voted in favor of
the motion to adopt Amendment 19, and Senators Begich, Hughes,
Costello, and Wilson voted against it. Therefore, Amendment 19
failed on a 1:4 vote.
CHAIR WILSON announced that Amendment 19 failed on a vote of 1
yea, and 4 nays.
2:26:31 PM
SENATOR BEGICH expressed hope that the ambiguity Senator
Reinbold highlighted would be addressed in the next committee of
referral.
2:26:38 PM
SENATOR COSTELLO stated that farther along in Section 13, Sec.
47.30.707(b) says that if a respondent is unwilling to
voluntarily go to the crisis residential center, a mental health
professional may submit an ex parte application to the court.
Thus, the statutes provide additional oversight. She said she
understands the concerns raised, but a mental health
professional will be involved in the action.
2:27:37 PM
SENATOR REINBOLD moved to adopt Amendment 20, work order 32-
GS1730\B.11.
32-GS1730\B.11
Dunmire
3/15/22
AMENDMENT 20
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: CSSB 124(HSS), Draft Version "B"
Page 11, lines 9 - 10:
Delete "[LICENSED UNDER AS 47.32 OR] operated by
the federal government that performs evaluations"
Insert "licensed under AS 47.32 [OR OPERATED BY
THE FEDERAL GOVERNMENT]"
2:27:39 PM
CHAIR WILSON objected for discussion purposes.
2:27:41 PM
SENATOR REINBOLD explained that Amendment 20 would reinstate
language that removed a licensing requirement in AS 47.32. The
intent is to ensure that licensure is required.
2:28:35 PM
MS. CARPENTER stated that this refers to hospitals, crisis
residential centers, and former evaluation centers, which are
required to be licensed under AS 47.32. The department changed
this definition because it was too broad. It included all
facilities licensed under AS 47.32, including assisted living
homes, childcare facilities, hospices, free-standing birth
centers, and other locations that would never be set up to
perform mental health evaluations. She referred to page 11,
lines [7-9], which specifically indicates that these facilities
have been designated or operated by the department to perform
the evaluations described in AS 47.30.660 47.30.915. She noted
that this relates to the 72-hour evaluations. The reason to
leave in the language "operated by the federal government" would
include tribal facilities or military hospitals.
2:29:59 PM
SENATOR REINBOLD asked whether all of the facilities are
required to be licensed under AS 47.32.
MS. CARPENTER answered yes, but tribal facilities are licensed a
little differently. She added that crisis residential centers
would have to be licensed by the state.
SENATOR REINBOLD offered her interpretation that this carves out
an area so tribal facilities don't have to be licensed by the
state.
MS. CARPENTER said that is not the proper interpretation,
because of federal law and the way that tribes are recognized
through the Indian Health Services.
SENATOR REINBOLD offered her understanding that tribal
facilities do not have to be licensed by the state under AS
47.32.
2:31:12 PM
CHAIR WILSON related his understanding that tribal facilities
are licensed under Indian Health Services, a separate federal
licensing process. Amendment 20 would ensure they could not
qualify to provide services at crisis stabilization or
residential centers.
2:31:38 PM
MS. CARPENTER agreed; if Amendment 20 were to pass, the state's
tribal partners would not be able to operate a crisis
residential center that would serve as an evaluation center.
2:31:59 PM
SENATOR REINBOLD asked how many tribal facilities operate in
Alaska. She indicated that her intent was to protect state
sovereignty and state rights.
CHAIR WILSON stated that there are eight subregional hospitals
and approximately 130 tribally-owned clinics in Alaska.
2:32:56 PM
SENATOR REINBOLD withdrew Amendment 20.
2:33:11 PM
SENATOR REINBOLD moved to adopt Amendment 21, work order 32-
GS1730\B.12.
32-GS1730\B.12
Dunmire
3/15/22
AMENDMENT 21
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: CSSB 124(HSS), Draft Version "B"
Page 3, line 26:
Delete "health officer,"
Page 4, line 5:
Delete "or health officer"
Page 4, line 12:
Delete "health officer,"
Page 4, line 20:
Delete "or health officer"
Page 4, line 21:
Delete "or health officer"
Page 11, lines 22 - 24:
Delete all material.
Renumber the following paragraph accordingly.
2:33:14 PM
CHAIR WILSON objected for discussion purposes.
2:33:15 PM
SENATOR REINBOLD explained that Amendment 21 would remove
"health officer." The definition of "health officer" is on page
11, lines 22-24.
(23) "health officer" means a state, municipal, or
other local health officer, public health nurse,
emergency medical technician, paramedic, firefighter,
or a person authorized by the court to carry out AS
47.30.660 - 47.30.915;
SENATOR REINBOLD said this definition seemed too broad.
2:34:16 PM
SENATOR BEGICH stated that the definition of "health officer"
was extensively discussed in earlier meetings. He indicated that
the record was clear that a "health officer" was a way of
clarifying definitions and cleaning up statutes. He offered his
view that Amendment 21 was not necessary.
2:34:51 PM
MS. CARPENTER agreed that the definition of "health officer" was
updated in Version B, which revised the definition of "peace
officer" on page 11, lines 12-17 to provide a more standard
definition found in AS 01.10.060(a). Section 21 deleted the
officials that do not fall under the definition of "peace
officer" and Section 22 added the new definition of "health
officer," which included emergency medical technician,
paramedic, firefighter, to address individuals who were
operating the mobile crisis teams in communities, including
Anchorage and Fairbanks.
2:35:39 PM
SENATOR REINBOLD referred to Section 22, AS 47.30.915, which
defines "crisis residential center, crisis stabilization center,
and health officer." She characterized the definitions as very
broad. She maintained that the definition of "health officer"
was too broad.
2:36:22 PM
SENATOR HUGHES asked Ms. Carpenter if she said intervention
teams include emergency medical service providers such as
paramedics.
MS. CARPENTER answered that is correct. For example, the fire
department operates the crisis mobile team in Anchorage, and she
understands that paramedics are part of the team. The department
gave paramedics a variance to operate to allow for Medicaid
reimbursements.
2:37:11 PM
SENATOR COSTELLO related her understanding that the individuals
on the crisis mobile team would identify a person who was
"gravely disabled" or "suffering from mental illness and likely
to cause serious harm to themselves or others." This team would
take the person into custody, take them to the crisis
stabilization center, fill out the forms, and be interviewed by
a mental health professional. She asked whether that covered the
crisis mobile team's activities.
MS. CARPENTER agreed. She directed attention to Section 11 of
the bill, starting on page 3, line 25, through page 4, lines 16.
It's the initial protective hold.
2:38:13 PM
SENATOR COSTELLO related her understanding that the definition
of "health officer doesn't exist anywhere else in statute. The
term "health officer" was defined to avoid having to list each
professional every time the individual profession was referenced
in the bill, making the statutory language less wordy and easier
to understand.
MS. CARPENTER agreed.
2:38:32 PM
SENATOR REINBOLD maintained that the term "health officer" was
too broad, and reread the definition.
2:39:20 PM
A roll call vote was taken. Senator Reinbold voted in favor of
the motion to adopt Amendment 21, and Senators Begich, Hughes,
Costello, and Wilson voted against it. Therefore, Amendment 21
failed on a 1:4 vote.
CHAIR WILSON announced that Amendment 21 failed on a vote of 1
yea and 4 nays.
2:39:44 PM
SENATOR REINBOLD moved to adopt Amendment 22, work order 32-
GS1730\B.13.
32-GS1730\B.13
Dunmire
3/15/22
AMENDMENT 22
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: CSSB 124(HSS), Draft Version "B"
Page 3, lines 26 - 31:
Delete "health officer, mental health
professional, or physician assistant licensed by the
State Medical Board to practice in this state, [A
PSYCHIATRIST OR PHYSICIAN WHO IS LICENSED TO PRACTICE
IN THIS STATE OR EMPLOYED BY THE FEDERAL GOVERNMENT,
OR A CLINICAL PSYCHOLOGIST LICENSED BY THE STATE BOARD
OF PSYCHOLOGIST AND PSYCHOLOGICAL ASSOCIATE
EXAMINERS]"
Insert "a physician assistant licensed by the
State Medical Board to practice in this state, a
psychiatrist or physician who is licensed to practice
in this state [OR EMPLOYED BY THE FEDERAL GOVERNMENT],
or a clinical psychologist licensed by the state Board
of Psychologist and Psychological Associate Examiners"
Page 4, lines 12 - 13:
Delete "health officer, [OR] mental health
professional, or physician assistant"
Insert "psychiatrist or physician licensed to
practice in the state, clinical psychologist licensed
by the state Board of Psychologist and Psychological
Associate Examiners, or physician assistant [OR MENTAL
HEALTH PROFESSIONAL]"
2:39:46 PM
CHAIR WILSON objected for discussion purposes.
2:39:48 PM
SENATOR REINBOLD explained that Amendment 22 would delete
"health officer, mental health professional, or physician
assistant" and replace it with a psychiatrist or physician
licensed to practice in the state, clinical psychologist
licensed by the state Board of Psychologists and Psychological
Associate Examiners or physician assistant.
SENATOR REINBOLD related her understanding that some issues
needed to be addressed. She expressed a willingness to offer a
conceptual amendment to Amendment 22 to address tribal health.
It would add in the language on line 9 of Amendment 22, which
read, [OR EMPLOYED BY THE FEDERAL GOVERNMENT].
2:40:54 PM
CHAIR WILSON offered his view that Amendment 22 was similar to
Amendment 19 and Amendment 21.
2:41:10 PM
SENATOR COSTELLO asked the record to reflect that this language
refers to the individual who would transport the Alaskan to the
crisis residential center and not someone at the center. She
highlighted that the "health officer" would come in contact with
the individual, such as a firefighter, not a physician assistant
licensed by the state medical board. She offered her view that
the physician assistant would be at the crisis residential
center. She said she was comfortable with the language in the
bill and would be a no vote on Amendment 22.
2:42:30 PM
SENATOR REINBOLD explained Amendment 22 pertains to the language
on page 3, line 16, Section 11. AS 47.30.705 (a). She
paraphrased the language, which read, in part:
A peace officer, health officer, mental health
professional, or physician assistant licensed by the
State Medical Board to practice in this state, who has
probable cause to believe that a person is gravely
disabled or is suffering from a mental illness....
SENATOR REINBOLD offered her view that people trained to make a
medical determination in this area, such as a physician
assistant should play a role in these decisions.
2:43:44 PM
A roll call vote was taken. Senator Reinbold voted in favor of
the motion to adopt Amendment 22, and Senators Begich, Hughes,
Costello, and Wilson voted against it. Therefore, Amendment 22
failed on a 1:4 vote.
CHAIR WILSON announced that Amendment 22 failed on a vote of one
yea, and 4 nays.
2:44:12 PM
SENATOR REINBOLD withdrew Amendment 23. She explained that
Amendment 23, was the same as Amendment 1.
2:44:28 PM
SENATOR REINBOLD withdrew Amendment 24. She explained that
Amendment 24, was the same as Amendment 3.
2:44:50 PM
SENATOR REINBOLD remarked on the issue in Amendment 25, which
she was considering withdrawing. She explained that the
committee discussed the language ", as a result, is likely to
cause harm to self or others or is gravely disabled, and,".
SENATOR REINBOLD stated that the committee held a long
discussion about "serious" and decided not to insert it. She
said that Mr. Jim Gottstein wrote a long letter [not
specifically identified] on the reason it was so important. She
said she would consider withdrawing Amendment 25 if "serious"
could be added in Amendment 4 so it would read "is likely to
cause serious harm to self or others.
2:45:48 PM
CHAIR WILSON offered his belief that the committee considered
adding "serious" as a conceptual amendment, and it failed.
SENATOR REINBOLD said she did not believe that the committee
considered a conceptual amendment. She offered her view that it
was important to add the word "serious" so the language would
read, "is likely to cause serious harm to self or others".
2:46:23 PM
SENATOR BEGICH reminded members that Amendment 25 was not before
the committee. He offered his belief that Mr. Bookman addressed
"serious" and "harm." He recalled that a conceptual amendment
was considered, and it failed.
2:47:14 PM
MR. BOOKMAN stated that the Alaska Supreme Court noted that in
existing statutes, the definitions for the phrases "serious harm
to others" and "harm to others" are the same.
2:47:46 PM
SENATOR REINBOLD expressed concern that someone might
misinterpret the language "causing harm to self or others" or
not give that phrase the seriousness it deserves. She said
people might not be aware of the court case, and since the
legislature sets policy, she would like it defined.
2:48:28 PM
CHAIR WILSON offered his belief that was accomplished in
Amendment 4. He recalled that the discussion characterized the
phrases as indistinguishable.
SENATOR BEGICH highlighted that the committee asked the
Department of Law to confirm that for the record. He said he
would state it again for the record. He stated that when he
reads "is likely to cause harm to self or others," he interprets
it to mean serious harm because that is how the courts interpret
it. He indicated that he was comfortable with the language in
the amendment that previously passed. He offered his belief that
it speaks to the committee's concern and advocates for those
suffering from psychotic episodes that when speaking about harm,
it means serious harm.
2:49:34 PM
SENATOR REINBOLD offered her view that very few people will
listen to this meeting. She said she did not understand why the
committee would not add "serious" to make it clear.
2:50:06 PM
SENATOR HUGHES asked whether the phrase serious harm was used
anywhere else in statute.
MR. BOOKMAN said he was unsure. He explained that he does not
work in the area of criminal law, and it could be defined in
criminal statutes.
2:50:46 PM
SENATOR HUGHES said she understood the concern and said if
"serious harm" is used elsewhere, she would seek to amend SB 124
in the Senate Judiciary Committee.
2:51:27 PM
SENATOR REINBOLD moved to adopt Amendment 25, work order 32-
GS1730\B.16.
32-GS1730\B.16
Dunmire
3/15/22
AMENDMENT 25
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: CSSB 124(HSS), Draft Version "B"
Page 5, line 25, following "and":
Insert ", as a result, is likely to cause harm to self
or others or is gravely disabled
2:51:28 PM
CHAIR WILSON objected.
2:51:30 PM
A roll call vote was taken. Senator Reinbold voted in favor of
the motion to adopt Amendment 25, and Senators Begich, Hughes,
Costello, and Wilson voted against it. Therefore, Amendment 25
failed on a 1:4 vote.
CHAIR WILSON announced that Amendment 25 failed on a vote of 1
yea and 4 nays.
2:51:53 PM
SENATOR REINBOLD moved to adopt Amendment 26, work order 32-
GS1730\B.17.
32-GS1730\B.17
Dunmire
3/15/22
AMENDMENT 26
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: CSSB 124(HSS), Draft Version "B"
Page 1, line 3, following "situation;":
Insert "relating to the administration of
psychotropic medication to minors;"
Page 10, following line 26:
Insert a new bill section to read:
"* Sec. 18. AS 47.30.836 is amended by adding a new
subsection to read:
(b) Before administering psychotropic medication
to a minor patient under this section, a mental health
professional shall consult with a parent, guardian, or
other family member of the minor, evaluate the minor
for drug withdrawal and medical psychosis caused by
currently prescribed drugs or self-medication, and
review the minor's family history, diet, medications,
triggers, and other contributing factors."
Renumber the following bill sections accordingly.
Page 11, following line 1:
Insert a new bill section to read:
"* Sec. 20. AS 47.30.838 is amended by adding a new
subsection to read:
(e) Before administering psychotropic medication
to a minor patient under this section, a mental health
professional shall consult with a parent, guardian, or
other family member of the minor, evaluate the minor
for drug withdrawal and medical psychosis caused by
currently prescribed drugs or self-medication, and
review is likely to cause serious harm to self or
others"."
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"
2:51:55 PM
CHAIR WILSON objected for discussion purposes.
2:51:58 PM
SENATOR REINBOLD explained that Amendment 26 focuses on the
administration of psychotropic medication to minors. It would
require that a mental health professional consult with a parent,
guardian, or other family members to evaluate the minor for drug
withdrawal and medical psychosis caused by currently prescribed
drugs or self-medication, and review the minor's family history,
diet, medications, triggers, and other contributing factors. She
stated that it would not require informed consent but a
consultation.
2:53:05 PM
SENATOR BEGICH recalled the committee discussed the safety issue
and if the parent, guardian, or other family members would have
the patient's best interests in mind. He pointed out that they
could have caused the psychotic episode, or the patient may not
have given permission. He suggested that there were issues with
the Health Insurance Portability and Accountability Act of 1996
(HIPAA) or related to abuse. He stated that he would not support
Amendment 26.
2:54:20 PM
SENATOR HUGHES commented that she had offered to take the matter
of involving a family member or guardian who may have abused the
minor patient when the bill is heard in the Senate Judiciary
Committee.
2:54:36 PM
SENATOR COSTELLO stated that she supports the intention but
noted it was placed in AS 47.30.836, relating to psychotropic
medication in non-crisis situations. She wondered why the
statutes did not contain a subsection (a), so it may need
redrafting. She offered her support for Amendment 26.
2:55:21 PM
SENATOR REINBOLD maintained that parents, guardians, or family
members of the minor should be consulted because psychotropic
medications can have tremendous side effects.
2:56:16 PM
A roll call vote was taken. Senators Hughes, Costello, and
Reinbold voted in favor of the motion to adopt Amendment 26, and
Senators Begich and Wilson voted against it. Therefore,
Amendment 26 was adopted on a 3:2 vote.
CHAIR WILSON announced that Amendment 26 was adopted on a vote
of 3 yeas and 2 nays.
2:56:39 PM
SENATOR REINBOLD moved to adopt Amendment 27, work order 32-
GS1730\B.18.
32-GS1730\B.18
Dunmire
3/15/22
AMENDMENT 27
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: CSSB 124(HSS), Draft Version "B"
Page 1, line 9:
Delete "believes in good faith"
Insert "observes [BELIEVES IN GOOD FAITH]"
Page 1, line 10, following "crisis":
Insert "according to standards and measurements"
2:56:41 PM
CHAIR WILSON objected for discussion purposes.
2:56:43 PM
SENATOR REINBOLD explained that Amendment 27 would require
officers to observe rather than believe in good faith that a
person is suffering from an acute behavioral health crisis. She
highlighted that the second part of the amendment would add
language "according to standards and measurements." She
expressed concern about false accusations.
2:57:24 PM
CHAIR WILSON asked how a person would observe in good faith.
2:57:43 PM
MR. MORGAN directed attention to page 2, lines 5-13 to Section
1, of Version B. He noted that subsection (a) states, "As an
alternative to arrest...." He explained that the officer has
probable cause in these cases that the subject committed a
crime. Thus, the officer has already assessed the situation and
decided they could arrest or cite them for a criminal offense.
He said at that point, the officer would believe in good faith.
He related that "good faith" is a legal standard that officers
are held accountable to in many adjudicative proceedings,
including search warrant applications and executions. He
emphasized that officers wouldn't simply find someone and make
observations.
MR. MORGAN stated that law enforcement officers had a choice to
arrest the person and take them to jail based on their
observations and probable cause.
2:58:59 PM
SENATOR REINBOLD said the arresting officer believes in good
faith that the person is suffering from an acute behavioral
health crisis. The officer could arrest but alternatively take
the person to a crisis stabilization center. She said it gives
her more reason to support the bill.
3:00:16 PM
MR. MORGAN noted that he was reading from the bill. He referred
to subsection (a) in Section 1, which begins, "As an alternative
to arrest, a peace officer may...." He directed attention to
paragraph (1), "the arresting officer believes in good faith
...." The law enforcement officer would have probable cause that
a crime has occurred, and the officer could make an arrest. He
stated that some people are good candidates for diversion into a
crisis stabilization center.
3:00:59 PM
SENATOR BEGICH asked what standards and measurements would mean
to law enforcement officers.
3:01:08 PM
MR. MORGAN answered that there is no measurement or standard in
law enforcement. He stated that the core statement was "the
arresting officer believes in good faith. He characterized it as
a statement often repeated in terms of why officers take action,
which is the legal standard. He reiterated that in these cases,
the officer already determined that probable cause exists that a
crime has occurred and that the officer, in good faith,
recognized that this person was experiencing a mental episode.
It would better serve the person to be diverted to a crisis
stabilization center. He offered his view that the language in
Amendment 27 was not consistent with police standards.
3:02:06 PM
SENATOR HUGHES related her understanding that "believes in good
faith" involved "observing." She asked whether "believes in good
faith" would include observation.
MR. MORGAN answered yes.
3:02:38 PM
SENATOR HUGHES asked what else "believes in good faith" would
include.
3:02:52 PM
MR. MORGAN responded that the good faith standard is reasonable
for all officers' actions. He characterized it as a reasonable
standard. Officers act in good faith based on their training and
experience. He explained that law enforcement officers
automatically make observations when determining probable cause.
He emphasized that determining probable cause for an arrest
requires observation. He stated that under SB 124, instead of
taking someone who is having a psychotic episode to jail, the
officer could take them to a crisis stabilization center.
SENATOR HUGHES thanked him for putting it on the record.
3:04:20 PM
SENATOR REINBOLD noted that the bill doesn't say "probable cause
to believe they committed a crime. She said when someone is
arrested, the offenders know the charges and their rights. She
read, "(a) As an alternative to arrest, a peace officer may, at
the officer's discretion, deliver a person to a crisis
stabilization center, a crisis residential center, or an
evaluation facility or decline to arrest the person if (1) the
officer believes in good faith that the person is suffering from
an acute behavioral health crisis; and ...." She asked whether
good faith was defined in statute or if it is a standard.
3:05:17 PM
MR. MORGAN responded that "good faith" is a criminal standard
applied to law enforcement when the courts adjudicate the
matter. The court determines whether law enforcement actions
were reasonable and whether that officer acted in good faith.
3:05:49 PM
SENATOR REINBOLD expressed concern that if the individuals are
not arrested and are taken to crisis stabilization centers or
crisis residential centers, they lose many rights. She stated
that Amendment 27 would help ensure protection instead of
relying on the officer's beliefs.
3:06:31 PM
A roll call vote was taken. Senator Reinbold voted in favor of
the motion to adopt Amendment 27, and Senators Begich, Hughes,
Costello, and Wilson voted against it. Therefore, Amendment 27
failed on a 1:4 vote.
CHAIR WILSON announced that Amendment 27 failed on a vote of 1
yea and 4 nays.
3:06:51 PM
CHAIR WILSON held SB 124 in committee.
3:07:26 PM
There being no further business to come before the committee,
Chair Wilson adjourned the Senate Health and Social Services
Standing Committee meeting at 3:07 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 Ammendments Considered 15-27 3.29.pdf |
SHSS 3/29/2022 1:30:00 PM |
SB 124 |