SB 231 — An Act relating to residential psychiatric treatment centers; and providing for an effective date.

33-LS1196\U33-LS1196\A CS FOR SENATE BILL NO.

231(HSS)231 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THESENATORS SENATECLAMAN, HEALTHGiessel ANDIntroduced: SOCIAL SERVICES COMMITTEE Referred:

Finance2/14/24 Sponsor(s):Referred:

SENATORSHealth CLAMAN,and GiesselSocial Services A BILL FOR AN ACT ENTITLED "An Act relating to theresidential rightspsychiatric of minors undergoing evaluation or inpatient treatment atcenters; treatment facilities;

relating to the use of seclusion or restraint of minors at treatment facilities;

relating to a report published by the Department of Health;

relating to inspections by the Department of Health of certain treatment facilities;

AS 47.3047.30.840 is amended by adding a new sectionsubsection to read:

Sec.(c) A minor undergoing evaluation or inpatient treatment under AS 47.30.660 - 47.30.915 at a residential psychiatric treatment center has the right, unless otherwise prohibited by law or court order, to have confidential video communication at least once each week for at least one hour with the minor's parent or legal guardian.

47.30.843.The residential psychiatric treatment center shall facilitate the communication.

MinorsIn undergoingthis inpatientsubsection, mental"residential healthpsychiatric evaluationtreatment andcenter" treatment.has the meaning given in AS 47.32.900.

A minor undergoing evaluation or inpatient treatment at a treatment facility has the right, unless it is otherwise prohibited by law or court order or considered therapeutically unadvisable by an overseeing physician, to have confidential telephone or video communication each week for at least one cumulative hour over not more than four occasions with the minor's parent or legal guardian or SB0231B -1- CSSB 231(HSS) New Text Underlined [DELETED TEXT BRACKETED] 33-LS1196\U other adult approved by an overseeing physician.

The treatment facility shall facilitate the communication.

In this section, "treatment facility" means a hospital, clinic, institution, center, or other health care facility licensed to provide inpatient mental health evaluation or treatment to minors.

AS 47.32.030 is amended by adding a new subsection to read:

(e) The Department of Health shall annually publish a report on the department's Internet website on the uses of seclusion and restraint reported under AS 47.32.200(g).

The report must include the aggregate total of the uses of seclusion or restraint at each treatment facility in which minors undergo evaluation or inpatient treatment.

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3.

(c) Upon petition of the department with licensing authority for the entity under AS 47.32.010 and after a hearing held upon reasonable notice to the entity, the SB0231A -1- SB 231 New Text Underlined [DELETED TEXT BRACKETED] 33-LS1196\A court shall issue an order to an officer or employee of that department authorizing the officer or employee to enter for any of the purposes described in (a) or (d) of this section.

4.3.

(d) A designated agent or employee of the Department of Health shall conduct, at least twice each year, an unannounced inspection of each treatmentresidential facilitypsychiatric in which minors undergo evaluation or inpatient treatment andcenter. in which a minor has spent more than three nights in the preceding year.

In conducting an inspection under this subsection, the Department of Health shall interview at least 50 percent of the minor patients of the residential psychiatric treatment facility.center.

Staff of the residential psychiatric treatment facilitycenter may not be present during an interview conducted under this subsection.

5.4.

(g) A residential psychiatric treatment facilitycenter shall notify the Department of Health in writing of each use of seclusion or restraint, including the use of a chemical, mechanical, or physical restraint, on a minor.person.

The residential psychiatric treatment facilitycenter shall notify the Department of Health and the parent or guardian of the minorperson not later than one business day after the use of seclusion or restraint.

6.5.

AS 47.32.900 is amended by adding a new paragraph to read:

CSSB 231(HSS) -2- SB0231B New Text Underlined [DELETED TEXT BRACKETED] 33-LS1196\U (22) "treatment facility" means a hospital, clinic, institution, center, or other health care facility licensed to provide inpatient mental health evaluation or treatment to minors.

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7.

SB0231BSB -3-231 CSSB-2- 231(HSS)SB0231A New Text Underlined [DELETED TEXT BRACKETED]