SB 302 - DEFINITION OF MENTAL HEALTH PROFESSIONAL CHAIR DYSON announced that the first order of business would be CS FOR SENATE BILL NO. 302(JUD), "An Act defining the term 'mental health professional' for the purpose of statutes relating to the evaluation of prisoners who may need psychological or psychiatric treatment, for the purpose of statutes relating to the evaluation of children in need of aid and delinquent minors who may need to be confined in a secure residential psychiatric treatment center or who should be released from such a center, for the purpose of statutes requiring certain professionals to report the possibility that a vulnerable adult has been abused or neglected, and for the purpose of statutes relating to mental health civil commitments." The committee took an at-ease from 3:05 p.m. to 3:06 p.m. Number 0052 REPRESENTATIVE WILSON made a motion to adopt the proposed committee substitute (CS) for SB 302, version 22-LS1410\O, Lauterbach, 4/23/02, as a work draft. There being no objection, Version O was before the committee. SENATOR GARY WILKEN, Alaska State Legislature, sponsor, explained the changes in the CS. The House CS deleted the following: "(C) has submitted an application form and application fee for licensure by a board named in this paragraph;" which in the original bill is page 2, lines 14 and 15. Number 0127 SENATOR WILKEN read the following sponsor statement: Committee Substitute for Senate Bill 302 recognizes the growth in the clinical mental health profession and broadens the "mental health professional" definition to include (1) a licensed clinical social worker, (2) a licensed marital and family therapist, and (3) a licensed professional counselor. The current Title [47] definition was written in 1981 prior to passage of Alaska's licensing requirements governing these master level mental health clinicians. SENATOR WILKEN referred the committee to the handout, Comparison Chart for Mental Health Disciplines covered under SB 302. He explained that the first two columns, Psychologist and Psychiatrist Associate, are current law; the next three columns, the Clinical Social Worker, the Marital and Family Therapist, and Licensed Professional Counselor, are added in SB 302 to do the work of the first two columns. He continued reading the sponsor statement: A more inclusive mental health professional definition increases the capacity of Alaska's mental health system to protect our youth and adults who are experiencing acute psychiatric crisis in our communities. Today, not enough mental health professionals are authorized under the current definition to respond to some critical public safety situations, particularly in rural Alaska. And yet there are hundreds of licensed professionals who are qualified to aid these Alaskans, but cannot, as they do not fall under the current statutory definition. Senate Bill 302 recognizes this problem and updates the Title 47 definition. The expanded "mental health professional" definition, as stated in Senate Bill 302, increases the number of trained professionals who will be: 1) Allowed to provide mental health treatment for prisoners; 2) Authorized to evaluate children and minors in custody to determine placement in residential treatment centers; 3) Required to report incidents of harm to vulnerable adults; 4) Allowed to conduct civil commitment evaluations. SENATOR WILKEN commended the bill to the committee. Number 0313 REPRESENTATIVE COGHILL asked whether the federal government employees would have to be licensed in the state the same as physicians and psychiatrists. Number 0350 ANNE HENRY, Special Projects Coordinator, Central Office, Division of Mental Health & Developmental Disabilities, Department of Health & Social Services, came forward to respond to questions. In response to Representative Coghill, Ms. Henry recalled that the bill allows for people who are working under contract with the federal government to not be licensed in the state because they travel around from place to place in the military or something like that. Number 0378 REPRESENTATIVE COGHILL asked Ms. Henry if those people would be able to do the civil commitments under this law. MS. HENRY answered that they would be allowed to do that as an emergency services employee in a community mental health center. REPRESENTATIVE COGHILL wondered if those people would have comparable qualifications or is there reason to believe that there would be people without those qualifications. MS. HENRY responded that a psychiatrist or medical doctor would qualify. The committee took an at-ease from 3:12 p.m. to 3:13 p.m. CHAIR DYSON commented that in addition to qualifying people to provide these other services, a number of insurance companies don't allow third party payments unless the person has a license that is recognized by the State. Some of the folks providing these services will get additional access to third party payers as a result of this action. MS. HENRY responded that the only licensed profession that is not recognized by insurance companies at this time is the licensed professional counselors. She said her understanding was that they had to go through the legislature to receive parity for that, and this would not be the same thing. REPRESENTATIVE JOULE moved to report the proposed CS out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE COGHILL said he had another question before he was ready to vote on the bill. He reiterated his question about the qualifications of the federal government employee. Number 0750 STACIE KRALY, Assistant Attorney General, Human Services Section, Civil Division (Juneau), Department of Law, answered that she understands that the way the legislation is drafted, the federal employee provision only applies to a psychiatrist or a physician, and they would have to have the same licensure requirements as a physician or psychiatrist in the State of Alaska. It would not apply to the additional individuals listed in the statute and the ones this bill would now include. CHAIR DYSON asked if there was any objection to moving the bill. There being no objection, HCS CSSB 302(HES) was reported out of the House Health, Education and Social Services Standing Committee.