SB 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.

* Sec.

9.

AS 18.65.530(c) is amended to read:

(c) A peace officer is not required to make an arrest of a person under (a) of this section if the officer has received authorization from a prosecuting attorney in the jurisdiction in which the offense under investigation arose (1) not to arrest the person;

or (2) to deliver the person to a crisis stabilization center, a crisis residential center, or an evaluation facility as provided in AS 12.25.031(b).

* Sec.

10.

AS 18.65.530(g) is amended to read:

(g) A peace officer who delivers a person to a crisis stabilization center, a crisis residential center, or evaluation facility under (c) of this section shall provide the peace officer's and the peace officer's employing agency's contact information to the crisis stabilization center, crisis residential center, or evaluation facility and, if the peace officer and the peace officer's employing agency are [IS] notified under AS 12.25.031(d) of a planned release of the person, shall make reasonable efforts to inform the victim of a crime committed under (a)(1) or (2) of this section of the planned release.

* Sec.

11.

AS 47.30.700 is amended by adding a new subsection to read:

SB0124B -3- CSSB 124(HSS) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I (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 guardian, or, if the respondent is a minor, a parent or guardian of the minor, that the respondent has been admitted.

* Sec.

12.

AS 47.30.705(a) is amended to read:

(a) A peace officer, 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] who has probable cause to believe that a person is gravely disabled or is suffering from mental illness and is likely to cause serious harm to self or others of such immediate nature that considerations of safety do not allow initiation of involuntary commitment procedures set out in AS 47.30.700, may cause the person to be taken into custody by a peace officer or health officer and delivered to the nearest crisis stabilization center, crisis residential center, [AS DEFINED IN AS 47.32.900 OR THE NEAREST] evaluation facility, or treatment facility.

A person taken into custody for emergency evaluation may not be placed in a jail or other correctional facility except for protective custody purposes and only while awaiting transportation to a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility.

However, [EMERGENCY] protective custody under this section may not include placement of a minor in a jail or secure facility.

The peace officer, health officer, [OR] mental health professional, or physician assistant shall complete an application for examination of the person in custody and be interviewed by a mental health professional at the crisis stabilization center, crisis residential center, evaluation facility, or treatment facility.

* Sec.

13.

AS 47.30.705 is amended by adding new subsections to read:

(c) When delivering a person to a crisis stabilization center, crisis residential CSSB 124(HSS) -4- SB0124B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I center, evaluation facility, or treatment facility under (a) of this section, a peace officer or health officer shall give priority to a crisis stabilization center or crisis residential center if one exists in the service area served by the peace officer or health officer.

(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 guardian, or, if the person is a minor, a parent or guardian of the person, that the person has been admitted.

* Sec.

14.

AS 47.30 is amended by adding new sections to read:

Admission to and holddetention at a crisissubacute stabilizationmental center.health facility;

(a) Except as provided in (b) of this section, when a crisis stabilization center admits a respondent under AS 47.30.705, the crisis stabilization center may hold the respondent 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 is suffering an acute behavioral health crisis and, as a result, is likely to cause harm to self or others or is gravely disabled, the respondent's acute behavioral health crisis will be resolved during admission to a crisis residential center, and the respondent is not willing to voluntarily go to the crisis residential center, a mental health professional may submit an ex parte application to the court under this section for detention at the crisis residential center.

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, and the respondent may remain at the crisis stabilization center until admission to a crisis residential center.

If the court finds no probable cause, the court shall order the respondent released.

Sec.

47.30.708.

Admission to and detention at a crisis residential center.

(a) A respondent who is delivered to a crisis residential center for emergency examination and treatment shall be examined and evaluated as to mental and physical condition by SB0124B -5- CSSB 124(HSS) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I a mental health professional within three hours after arrival at the facility.

(b) The mental health professional who performs the emergency examination under (a) of this section may admit the respondent to the crisis residential center if the mental health professional has probable cause to believe that (1) the respondent is mentally ill and that condition causes the respondent to be gravely disabled or to present a likelihood of serious harm to self or others;

and (2) the respondent's acute behavioral health crisis will be resolved during admission to the crisis residential center.

(c) If a mental health professional admits a respondent to a crisis residential center and a judicial order has not been obtained under AS 47.30.707, the mental health professional may apply for an ex parte order under this section authorizing admission to the crisis residential center.

Based on the application, if the court finds that probable cause exists to believe that 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, and the respondent's acute behavioral health crisis will be resolved during admission to a crisis residential center, the court shall grant the application.

If the court finds no probable cause, the court shall order the respondent released.

(d) When, under (c) of this section, the court grants an ex parte application to admit a respondent to a crisis residential center, the court shall set a time for a hearing, to be held if needed within 72 hours after the respondent's arrival at the crisis stabilization center or the crisis residential center, whichever is earlier, and the court shall notify the respondent, the respondent's attorney, the respondent's guardian, if any, the petitioner's attorney, if any, and the attorney general of the time and place of the hearing.

Computation of the 72-hour period at a crisis residential center before a hearing does not include Saturdays, Sundays, and legal holidays.

The hearing shall be held at the crisis residential center in person, by contemporaneous two-way video conference, or by teleconference, absent extraordinary circumstances.

If a hearing is held by contemporaneous two-way video conference, only the court may record the hearing.

In this subsection, "contemporaneous two-way video conference" means a conference among people at different places by means of transmitted audio and visual CSSB 124(HSS) -6- SB0124B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I signals, using any communication technology that allows people at two or more places to interact simultaneously by way of two-way video and audio transmission.

(e) In the course of the 72-hour period, a petition for 30-day commitment or for seven-day detention at a crisis residential center may be filed in court.

A petition for 30-day commitment must conform with AS 47.30.730.

A petition for seven-day detention at a crisis residential center must be signed by two mental health professionals, one of whom must be a physician, who have examined the respondent.

A copy of the petition shall be served on the respondent, the respondent's attorney, and the respondent's guardian, if any, before the hearing.

The petition for detention must (1) allege that 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;

(2) allege that resolution of the respondent's acute behavioral health crisis is likely during the admission to the crisis residential center;

(3) allege that the respondent has been advised of the need for, but has not accepted, voluntary treatment, and request that the court order the respondent to be detained at the crisis residential center for up to seven days following the respondent's arrival at the crisis stabilization center or the crisis residential center, whichever is earlier;

(4) list prospective witnesses;

and (5) list specific facts and describe behavior of the respondent supporting the allegations in (1) - (3) of this subsection.

(f) If, at a hearing held under (d) of this section, the court reviews a petition for 30-day commitment, the court shall hold the next hearing in accordance with AS 47.30.735.

If the court grants the petition for 30-day commitment, the respondent may remain at the crisis residential center until admission to a designated treatment facility.

(g) If, at a hearing held under (d) of this section, the court reviews a petition for seven-day detention at a crisis residential center, the respondent has the rights listed in AS 47.30.735(b)(1) - (9).

At the conclusion of a hearing on a petition for seven-day detention at a crisis residential center, the court (1) may order the respondent detained at the crisis residentl center SB0124B -7- CSSB 124(HSS) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I for up to seven days following the respondent's arrival at the crisis stabilization center or the crisis residential center, whichever is earlier, if the court finds there is probable cause to believe that (A) 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;

and (B) the respondent's acute behavioral health crisis will be resolved during admission to the crisis residential center;

(2) shall order the respondent released, if the court finds no probable cause.

Sec.

47.30.709.

Rights of respondents at crisis stabilization centers and crisis residential centers;

time.rights;

(a)notification. If at any time during a respondent's hold at a crisis stabilization center or detention at a crisis residential center the professional person in charge determines that the respondent does not meet the standard for a hold or detention, the respondent may no longer be held or detained.

The(a) professionalExcept personas provided in charge(b) shallof notifythis section, when a crisis stabilization center admits a person on an emergency basis under AS 47.30.705, the petitionercrisis andstabilization center may hold the court,person ifat applicable.the center for a period not to exceed 23 hours and 59 minutes.

(b)A When a respondent who is helddelivered atunder AS 47.30.705 to a crisis stabilization center orshall detainedbe atexamined by a crisisSB residential124 center,-2- theSB0124A respondentNew hasText theUnderlined rights[DELETED identifiedTEXT inBRACKETED] AS32-GS1730\A 47.30.725mental and,health (1)professional ifas andefined adult,in the rights identified under AS 47.30.81747.30.915 -within 47.30.838,three 47.30.840hours -after 47.30.850,arriving andat 47.30.855the -center. 47.30.865;

(b) If the professional person in charge at the crisis stabilization center determines that there is probable cause to believe that the held person's acute behavioral health crisis will be resolved during admission to a crisis residential center and (2)the ifperson is not willing to remain at the crisis residential center on a minor,voluntary basis, a mental health professional shall submit an ex parte application to the rightscourt identifiedfor indetention ASat 47.30.700the -crisis 47.30.865.residential center.

(c)Based Aon respondentthe subjectapplication, tothe ancourt involuntaryshall stabilizationeither holdgrant orthe detentionapplication at a crisis stabilization center or crisisorder residential center may, at any time, convert to voluntary status if the professional person in charge agrees that (1) the respondent ismay annot appropriatebe patientdetained. for voluntary status;

If the court grants the application, the respondent shall be delivered to, admitted to, and detained at a crisis residential center for a period of not more than 120 hours for evaluation, stabilization, and treatment.

The respondent shall remain at the crisis stabilization center until admission to a crisis residential center.

(c) If the professional person in charge at the crisis residential center determines that the respondent's acute behavioral health crisis requires hospitalization for evaluation, a mental health professional shall apply for an ex parte order authorizing hospitalization for evaluation.

The respondent shall remain at the crisis residential center until admission to a hospital performing the evaluation.

(d) If at any time during detention at a subacute mental health facility the professional person in charge determines that the respondent does not meet the standard for a stabilization hold or detention, the respondent may no longer be held or detained.

The court shall be notified if applicable and, if reasonably possible, the petitioner shall be notified.

(e) When detained at a subacute mental health facility, a respondent has the following rights:

(1) the rights identified in AS 47.30.725, as applicable;

(2) with the exception of AS 47.30.839 and 47.30.851, the rights identified under AS 47.30.817 - 47.30.865.

(f) A respondent subject to an involuntary stabilization hold or detention at a subacute mental health facility under this section may, at any time, convert to voluntary status if the professional person in charge agrees that SB0124A -3- SB 124 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\A (1) the respondent is an appropriate patient for voluntary status;

(d)(g) A crisissubacute stabilizationmental centerhealth orfacility crisis residential center may administer psychotropic medication or other treatment to an involuntarily held or detained respondent only in a manner that is consistent with AS 47.30.838.

(e)(h) ComputationIn this section, computations of a 23-hour23-hour, and 59-minute holding timeperiod ator a crisis120-hour CSSBdetention 124(HSS)period -8-include SB0124B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I stabilization center includes Saturdays, Sundays, and legal holidays, but doesdo not include any period of time necessary to transport athe respondent to athe crisissubacute stabilizationmental center.health facility.

Computation of a seven-day detention at a crisis residential center includes Saturdays, Sundays, and legal holidays, but does not include any period of time necessary to transport a respondent to a crisis residential center.

15.5.

hospitalization.hospitalization;

(a)admission A respondent who is delivered under AS 47.30.700 - 47.30.705 to ancrisis evaluationresidential facilitycenter. [, EXCEPT FOR DELIVERY TO A CRISIS STABILIZATION CENTER AS DEFINED IN AS 47.32.900,] for emergency examination and treatment shall be examined and evaluated as to mental and physical condition by a mental health professional and by a physician within 24 hours after arrival at the facility.

[AA RESPONDENTrespondent WHOwho ISis DELIVEREDdelivered UNDERunder AS 47.30.700 - 47.30.705 TOto Aan CRISISevaluation STABILIZATIONfacility CENTER[, SHALLEXCEPT BEFOR EXAMINEDDELIVERY BYTO A MENTALCRISIS HEALTHSTABILIZATION PROFESSIONALCENTER AS DEFINED IN AS 47.30.91547.32.900,] WITHINfor THREE HOURS AFTER ARRIVING AT THE CENTER.] (b) If the mental health professional who performs the emergency examination under (a) of this section has reason to believe that the respondent is [(1)] mentally ill and thattreatment conditionshall causes the respondent to be gravelyexamined disabledand orevaluated toas present a likelihood of serious harm to selfmental or others, and thephysical respondentcondition [(2)]by isa in need of care or treatment, the mental health professional mayand (1)by admita thephysician respondentwithin to24 ahours crisisafter residentialarrival center;at the facility.

(2)A hospitalizerespondent who is delivered under AS 47.30.705 to a crisis stabilization center shall be examined by a mental health professional as defined in AS 47.30.915 within three hours after arriving at the respondent;center.

[,](b) orIf (3)the arrangemental forhealth hospitalization,professional onwho anperforms the emergency basisexamination [.under (a) of this section has reason to believe that the respondent is (1) mentally ill and that condition causes the respondent to be gravely disabled or to present a likelihood of serious harm to self or others;

[,] and (2) is in need of care or treatment, the mental health professional may (A) hold the respondent at a crisis stabilization center;

(B) admit the respondent to a crisis residential center;

(C) readmit the respondent to a crisis residential center;

if the readmission occurs within 24 hours of an admission under this paragraph, the crisis residential center shall obtain prior authorization from the department;

(D) hospitalize the respondent;

[,] or SB 124 -4- SB0124A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\A (E) arrange for hospitalization, on an emergency basis [.

16.6.

(c) If athe mental health professional hospitalizes a respondent or arranges for the hospitalization of a respondent under (b) of this section and if a judicial order has not been obtained under AS 47.30.700, the mental health professional shall apply for an SB0124B -9- CSSB 124(HSS) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I ex parte order authorizing the hospitalization for evaluation.

(d) If a mental health professional readmits a respondent to ana evaluationcrisis facilityresidential center under (b) of this section within 24 hours after a discharge from a subacutecrisis mentalresidential healthcenter, facility,and the respondent is not willing to remain at the evaluationcrisis facilityresidential center on a voluntary basis, andthe arespondent judicialmay orderrequest hasa nothearing beenin obtained under AS 47.30.700, the mentalsuperior healthcourt professionalto shallchallenge applythe forreadmission. an ex parte order authorizing hospitalization for evaluation.

UnlessIf otherwisea orderedrespondent byrequests thea courthearing, upon receiving the application for an ex parte order, the respondent shallmay remainbe represented at thepublic evaluationexpense facilityby until the courtPublic issuesDefender aAgency. decision on the application of an ex parte order.

The court shall set a date, time, and place for the hearing, to be held within 48 hours after the respondent's arrival at the crisis residential center.

The court shall notify the facility, the respondent, the respondent's attorney, and the prosecuting attorney of the hearing arrangements.

Unless otherwise ordered by the court upon receipt of the hearing request, the respondent shall remain at the crisis residential center until the court issues a decision on the readmission, at which time the crisis residential center shall detain or release the respondent under AS 47.30.707.

17.7.

When an evaluation [A] facility receives a proper order for evaluation, it shall accept the order andand, when it may safely do so, the respondent for an evaluation period not to exceed 72 hours.

The evaluation facility shall promptly notify the court of the date and time of the respondent's arrival.

The court shall set a date, time, and place for a 30-day commitment hearing, to be held if needed within 72 hours after the respondent's arrival, and the court shall notify the evaluation facility, the respondent, the respondent's guardian,attorney, ifand any, the respondent'sprosecuting attorney,attorney [AND]of the petitioner'sSB0124A [PROSECUTING]-5- attorney,SB if124 any,New andText theUnderlined attorney[DELETED generalTEXT ofBRACKETED] the32-GS1730\A time and place of the hearing [ARRANGEMENTS].arrangements.

18.8.

AS 47.30.80547.30.805(a) is amended to read:

Sec.(a) Except as provided in (b) of this section, (1) computations of a 72-hour evaluation period under AS 47.30.715, [OR] a 48-hour detention period under AS 47.30.685, a 48-hour hearing deadline under AS 47.30.710, or a 24-hour readmission period under AS 47.30.710 do not include Saturdays, Sundays, legal holidays, or any period of time necessary to transport the respondent to the treatment facility or crisis residential center;

47.30.805.(2) a 30-day commitment period expires at the end of the 30th day after the 72 hours following initial acceptance;

Computation,(3) extension,a and90-day commitment period expires at the end of the 90th day after the expiration of periodsa 30-day period of time.treatment;

(a)(4) Excepta as180-day providedcommitment inperiod (b)expires ofat thisthe section,end (1) computations of athe 72-hour180th evaluationday, periodafter underthe ASexpiration 47.30.708of or 47.30.715 [AS 47.30.715] or a 48-hour90-day detention period underof AStreatment 47.30.685 do not include Saturdays, Sundays, legal holidays, or anyprevious period180-day ofperiod, timewhichever necessaryis toapplicable. transport the respondent to the treatment facility;

(2) a seven-day detention at a crisis residential center expires at the end of the seventh day following the respondent's arrival at the crisis stabilization center or the crisis residential center, whichever is earlier;

CSSB 124(HSS) -10- SB0124B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I (3) a 30-day commitment period expires at the end of the 30th day after the 72 hours following initial acceptance;

(4) [(3)] a 90-day commitment period expires at the end of the 90th day after the expiration of a 30-day period of treatment;

(5) [(4)] a 180-day commitment period expires at the end of the 180th day, after the expiration of a 90-day period of treatment or previous 180-day period, whichever is applicable.

(b) When a respondent has failed to appear or been absent through the respondent's own actions contrary to any order properly made or entered under AS 47.30.660 - 47.30.915, the relevant commitment period shall be extended for a period of time equal to the respondent's absence if written notice of absence is promptly provided to the respondent's attorney and guardian, if any [THERE IS ONE], and if, within 24 hours after the respondent has returned to the evaluation or treatment facility, written notice of the corresponding extension and the reason for it is given to the respondent and the respondent's attorney and guardian, if any, and to the court.

19.9.

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.

* Sec.

20.

(c) If crisis situations as described in (a)(1) of this section occur repeatedly, or if it appears that they may occur repeatedly, the evaluation facility, crisissubacute stabilizationmental center,health crisisfacility, residential center, or designated treatment facility may administer psychotropic medication during notno [NO] more than three crisis periods without the patient's informed consent only with court approval under AS 47.30.839.

*Regardless Sec.of whether the patient has executed advance an health care directive under AS 13.52 or has authorized an agent or surrogate under AS 13.52 to consent, if a patient is capable of giving informed consent and gives informed consent for more than three crisis periods, the evaluation facility, designated treatment facility, or subacute mental health facility may administer psychotropic medication based on that informed consent even if, at the time of the crisis period, the patient refuses crisis medication.

21.After the crisis period is over, if the patient is capable of giving informed consent, the patient may withdraw consent for additional crisis medication.

ASSB 47.30.838124 is-6- amendedSB0124A byNew addingText aUnderlined new[DELETED subsectionTEXT toBRACKETED] read:32-GS1730\A * Sec.

(e)10. Before administering psychotropic medication to a minor patient under this section, a mental health professional shall consult with a parent, guardian, or other SB0124B -11- CSSB 124(HSS) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I 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.

* Sec.

22.

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.

23.

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.

* Sec.

24.

25.11.

(7) "evaluation facility" means a hospital or crisis residential center [HEALTH CARE FACILITY] that has been designated or is operated by the department to perform the evaluations described in AS 47.30.660 - 47.30.915,47.30.915 or[, aOR medicalA facilityMEDICAL [LICENSEDFACILITY LICENSED UNDER AS 47.32 OR]OR operatedOPERATED byBY theTHE federalFEDERAL CSSBGOVERNMENT]; 124(HSS) -12- SB0124B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I government that performs evaluations;

26.12.

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];

* Sec.

27.

(15) "peace officer" hasincludes thea meaningstate givenpolice inofficer; AS 01.10.060(a) [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];

[,] 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;

emergency medical technician;

paramedic;

or firefighter;

28.13.

(21) "crisis"subacute residentialmental center"health facility" has the meaning given in AS 47.32.900;

(22) "crisis stabilizationresidential center" means a subacute mental health facility that has thea meaningmaximum givenstay inof AS120 47.32.900;hours;

(23) "health"crisis officer"stabilization center" means a state,subacute municipal,mental or other local health officer,facility publicthat healthhas nurse, emergency medical technician, paramedic, firefighter, or a personmaximum authorizedstay byof the23 courthours toand carry59 outminutes. AS 47.30.660 - 47.30.915;

(24) "subacute mental health facility" has the meaning given in SB0124B -13- CSSB 124(HSS) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I AS 47.32.900.

29.14.

AS 47.32.010(b),47.32.010(b) asis repealedamended andto reenactedread: by sec.

79(b) ofThis Executivechapter Orderand 121,regulations isadopted amendedunder this chapter apply to read:the following entities:

(b) The following entities are subject to this chapter and regulations adopted under this chapter by the Department of Health:

(4) freestandingchild birthplacement centers;agencies;

(5) homefoster healthhomes; agencies;

(6) hospices,freestanding orbirth agenciescenters; providing hospice services or operating hospice programs;

SB0124A -7- SB 124 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\A (7) hospitals;home health agencies;

(8) intermediatehospices, careor facilitiesagencies forproviding individualshospice withservices an intellectual disability or relatedoperating condition;hospice programs;

(9) maternityhospitals; homes;

(10) nursingintermediate facilities;care facilities for individuals with an intellectual disability or related condition;

(11) residentialmaternity childhomes; care facilities;

(12) residentialnursing psychiatricfacilities; treatment centers;

(13) ruralresidential healthchild clinics;care facilities;

(14) subacuteresidential mentalpsychiatric healthtreatment facilitiescenters; [CRISIS STABILIZATION CENTERS].

(15) runaway shelters;

(16) rural health clinics;

(17) subacute mental health facilities [CRISIS STABILIZATION CENTERS].

30.15.

(23) "subacute mental health facility" means a facility, or a part or unit of a facility, that has been designed to evaluate, stabilize, and treat, on a short-term, intensive, and recovery-orientedrecover-oriented basis,basis and without the use of inpatient hospitalization, individuals experiencing an acute behavioral health crisis, including a (A) crisis stabilization centercenter, andas adefined crisisin residentialAS center;47.30.915;

inand this(B) paragraph,crisis (A) "crisis residential center"center, meansas adefined subacutein mentalAS health47.30.915. facility that has a maximum stay of seven days for an involuntary admission;

(B) "crisis stabilization center" means a subacute mental health CSSB 124(HSS) -14- SB0124B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\I facility that has a maximum stay of 23 hours and 59 minutes.

31.16.

32.17.

REPORT TO THE LEGISLATURE.

(a) One year after the effective date of secs.

1 - 33 of this Act, the Department of Health and Social Services and the Alaska Mental Health Trust Authority shall submit a joint report to the senate secretary and chief clerk of the house of representatives, notify the legislature that the report is available, and make the report available to the public.

The report must (1) include an assessment of the current state, federal, and accrediting body requirements for psychiatric patient rights, including patient grievance and appeal policies and procedures;

the assessment must address the adequacy of these policies and procedures and the practical challenges patients face in availing themselves of these rights;

(2) identify and recommend any additional changes to state statutes, regulations, or other requirements that could improve patient outcomes and enhance patient rights, including items that could be added to AS 47.30.825, particularly involving involuntary admissions, involuntary medications, and the practical ability of patients to avail themselves of their rights;

and (3) assess and recommend any needed changes to current processes for data collection and reporting of patient grievances and appeals, patient reports of harm and restraint, and the resolution of these matters and provide recommendations for making this information available to the public.

(b) The process used by the Department of Health and Social Services and the Alaska Mental Health Trust Authority to develop the assessment and recommendations under (a) of this section must include convening a diverse stakeholder group that includes members representing patients with lived experience, patient advocates, the Disability Law Center of Alaska, providers of psychiatric services, the ombudsman, the Alaska Mental Health Board, the Department of Health and Social Services, and the Alaska Mental Health Trust Authority.

A draft assessment and any recommendations must be made available for public comment, and any comments must be given due consideration before the production and transmittal of the final report.

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33.

The uncodified law of the State of Alaska is amended by adding a new section to read:

2914 of this Act, the Department of Health and Social Services shall consider any license issued to a validfacility non-with expiredthe licensefacility type under AS 47.32.010 identified as a crisis stabilization center that is issued before the effective date of sec.this Act and that is valid on the effective date of this Act, a license for a subacute mental health facility until that license is renewed, suspended, or revoked.

29 of this Act to a facility identified as a crisis stabilization center as a license for a subacute mental health facility until that license is renewed, suspended, or revoked.

34.18.

The uncodified law of the State of Alaska is amended by adding a new section to SB 124 -8- SB0124A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1730\A read:

35.19.

Section 3418 of this Act takes effect immediately under AS 01.10.070(c).

CSSBSB0124A 124(HSS)-9- -16-SB SB0124B124 New Text Underlined [DELETED TEXT BRACKETED]