How SB 44 changes current law

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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.