Alaska 34th Alaska State Legislature Status: In Committee Bipartisan · 3 D · 1 R cosponsors

SB 44 — An Act relating to the rights of minors undergoing evaluation or inpatient treatment at psychiatric hospitals; relating to the use of seclusion or restraint of minors at psychiatric hospitals; relating to a report published by the Department of Health; relating to inspections by the Department of Health of certain psychiatric hospitals; and providing for an effective date.

Last action — (S) Minutes (SFIN)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced January 22, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 1 R) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

48 added · 53 removed

Plain-language change summary

The latest version of SB 44 clarifies the role of the overseeing physician in decision-making regarding minors' communication with their parents or guardians during treatment. Specifically, it changes the phrasing from "the professional person in charge" to "the overseeing physician" to emphasize medical oversight. Additionally, the revisions streamline the report requirements to focus on clearer data collection about minors who receive psychiatric care, including information on those in state custody. These changes aim to enhance accountability and ensure that decisions about minors' care are made with proper medical guidance.

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Latest
34-LS0126\N CS FOR SENATE BILL NO.
34-LS0126\A SENATE BILL NO.
44(HSS) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY THE SENATE HEALTH AND SOCIAL SERVICES COMMITTEE Referred:
44 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY SENATORS CLAMAN, Giessel, Tobin, Dunbar Introduced:
Finance Sponsor(s):
1/22/25 Referred:
SENATORS CLAMAN, Giessel, Tobin, Dunbar A BILL FOR AN ACT ENTITLED "An Act relating to the rights of minors undergoing evaluation or inpatient treatment at psychiatric hospitals;
Health and Social Services, Finance A BILL FOR AN ACT ENTITLED "An Act relating to the rights of minors undergoing evaluation or inpatient treatment at psychiatric hospitals;
A minor undergoing evaluation or inpatient treatment at a psychiatric hospital has the right, unless it is otherwise prohibited by law or court order or considered therapeutically unadvisable by the professional person in charge, to have confidential telephone or video communication each week for at least one cumulative hour with the minor's parent or legal guardian or other adult approved by the -1- CSSB 44(HSS) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0126\N professional person in charge.
A minor undergoing evaluation or inpatient treatment at a psychiatric hospital 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 SB0044A -1- SB 44 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0126\A other adult approved by an overseeing physician.
The psychiatric hospital shall facilitate the communication and may place reasonable limits on the number of calls permitted.
The psychiatric hospital shall facilitate the communication.
The report must (1) contain information on the uses of seclusion and restraint reported under AS 47.32.200(g), including the aggregate total of the uses of seclusion or restraint at each psychiatric hospital in which minors undergo evaluation or inpatient treatment, and the type of psychotropic medication used, if any, to carry out each chemical restraint;
The report must (1) contain information on the uses of seclusion and restraint reported under AS 47.32.200(g), including the aggregate total of the uses of seclusion or restraint at each psychiatric hospital in which minors undergo evaluation or inpatient treatment;
and (3) contain data on the number of minors who received residential care at psychiatric hospitals, including information provided by the Department of Family and Community Services under (f) of this section regarding minors in state custody who receive care at psychiatric hospitals.
and (3) contain data provided by the Department of Family and Community Services under (f) of this section regarding minors who receive care at psychiatric hospitals.
(f) The Department of Family and Community Services shall annually (1) collect data on the number of minors in state custody who received residential care at psychiatric hospitals in the state, the number of minors in state custody who received residential care at out-of-state psychiatric hospitals, and the amount of time each of those minors spent at psychiatric hospitals in each of those settings;
(f) The Department of Family and Community Services shall annually (1) collect data on the number of minors who received residential care at psychiatric hospitals in the state, the number of minors in state custody who received residential care at out-of-state psychiatric hospitals, and the amount of time each of those minors spent at psychiatric hospitals in each of those settings;
(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 court shall issue an order to an officer or employee of that department authorizing the CSSB 44(HSS) -2- New Text Underlined [DELETED TEXT BRACKETED] 34-LS0126\N officer or employee to enter for any of the purposes described in (a) or (d) of this section.
(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 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.
(d) A designated agent or employee of the Department of Health shall conduct, at least twice each year, an unannounced inspection of each psychiatric hospital in which minors undergo evaluation or inpatient treatment and in which a minor has spent more than three nights in the preceding year.
SB 44 -2- SB0044A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0126\A (d) A designated agent or employee of the Department of Health shall conduct, at least twice each year, an unannounced inspection of each psychiatric hospital in which minors undergo evaluation or inpatient treatment and in which a minor has spent more than three nights in the preceding year.
The notification provided by a psychiatric hospital regarding the use of a chemical restraint must include the type of psychotropic medication used to carry out the chemical restraint.
-3- CSSB 44(HSS) New Text Underlined [DELETED TEXT BRACKETED]
SB0044A -3- SB 44 New Text Underlined [DELETED TEXT BRACKETED]
View plain text versions (2)

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes rights for minors in psychiatric hospitals regarding communication with guardians, mandates reporting and inspections related to minors, and outlines notification requirements for the use of seclusion or restraint.

  • AS 47.30

    Sec. 47.30.843. Minors undergoing inpatient mental health evaluation and treatment. A minor undergoing evaluation or inpatient treatment at a psychiatric hospital has the right, unless it is otherwise prohibited by law or court order or considered therapeutically unadvisable by the professional person in charge, to have confidential telephone or video communication each week for at least one cumulative hour with the minor's parent or legal guardian or other adult approved by the professional person in charge. The psychiatric hospital shall facilitate the communication and may place reasonable limits on the number of calls permitted.

    This addition grants minors the right to confidential communication with their guardians during inpatient treatment.

  • AS 47.32.030

    The Department of Health shall prepare an annual report regarding minors in psychiatric hospitals and, not later than November 1 of each year, publish the report on the department's Internet website, submit the report to the senate secretary and the chief clerk of the house of representatives, and notify the legislature that the report is available. The report must contain information on the uses of seclusion and restraint reported under AS 47.32.200(g), including the aggregate total of the uses of seclusion or restraint at each psychiatric hospital in which minors undergo evaluation or inpatient treatment, and the type of psychotropic medication used, if any, to carry out each chemical restraint; summarize the department's findings from the inspections conducted under AS 47.32.110(d); and contain data on the number of minors who received residential care at psychiatric hospitals, including information provided by the Department of Family and Community Services under (f) of this section regarding minors in state custody who receive care at psychiatric hospitals.

    This mandates the Department of Health to produce and distribute an annual report concerning minors in psychiatric care.

  • AS 47.32.030

    The Department of Family and Community Services shall annually collect data on the number of minors in state custody who received residential care at psychiatric hospitals in the state, the number of minors in state custody who received residential care at out-of-state psychiatric hospitals, and the amount of time each of those minors spent at psychiatric hospitals in each of those settings; and provide the data collected under (1) of this subsection to the Department of Health for inclusion in the report required under (e) of this section.

    This establishes a data collection requirement for the Department of Family and Community Services regarding minors in state custody receiving psychiatric care.

  • AS 47.32.110(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 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.

    This updates the language for clarity but does not fundamentally change the existing law.

  • AS 47.32.110

    A designated agent or employee of the Department of Health shall conduct, at least twice each year, an unannounced inspection of each psychiatric hospital in which minors undergo evaluation or inpatient treatment and 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 psychiatric hospital. Staff of the psychiatric hospital may not be present during an interview conducted under this subsection.

    This establishes mandatory inspections for psychiatric hospitals treating minors, ensuring accountability and oversight.

  • AS 47.32.200

    A psychiatric hospital shall notify the Department of Health in writing of each use of seclusion or restraint on a minor, including the use of a chemical, mechanical, or physical restraint. The psychiatric hospital shall notify the Department of Health and the parent or guardian of the minor not later than one business day after the use of seclusion or restraint. The notification provided by a psychiatric hospital regarding the use of a chemical restraint must include the type of psychotropic medication used to carry out the chemical restraint.

    This requires psychiatric hospitals to report the use of seclusion or restraint on minors to both the Department of Health and the minor's guardians promptly.

Action History

  1. (S) Minutes (SFIN)

  2. (S) Heard & Held

  3. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  4. (S) REFERRED TO FINANCE

  5. (S) FN3: ZERO(DFC)

  6. (S) FN2: ZERO(DFC)

  7. (S) FN1: (DOH)

  8. (S) DP: DUNBAR, CLAMAN, GIESSEL

  9. (S) HSS RPT CS 3DP SAME TITLE

  10. (S) Minutes (SHSS)

  11. (S) Moved CSSB 44(HSS) Out of Committee

  12. (S) HEALTH & SOCIAL SERVICES at 03:30 PM BUTROVICH 205

  13. (S) Minutes (SHSS)

  14. (S) Heard & Held

  15. (S) HEALTH & SOCIAL SERVICES at 03:30 PM BUTROVICH 205

  16. (S) COSPONSOR(S): GIESSEL, TOBIN, DUNBAR

  17. (S) Minutes (SHSS)

  18. (S) Heard & Held

  19. (S) HEALTH & SOCIAL SERVICES at 03:30 PM BUTROVICH 205

  20. (S) HSS, FIN

  21. (S) READ THE FIRST TIME - REFERRALS

  22. (S) Prefile released 1/17/25

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 61 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (61)

61 members have not signed on to this bill.

Show all 61 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors SB 44?
SB 44 is sponsored by Forrest Dunbar (D), Löki Tobin (D), Cathy Giessel (R), and Matt Claman (D).
What is the current status of SB 44?
This bill is in committee in the Senate. Introduced January 22, 2025. It must pass committee before a floor vote.
Where can I track SB 44?
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