Read the full stored bill text
-1- CSSB 44(HSS)
New Text Underlined [DELETED TEXT BRACKETED]
34-LS0126\N
CS FOR 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
Offered: 2/7/25
Referred: Finance
Sponsor(s): 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 1
psychiatric hospitals; relating to the use of seclusion or restraint of minors at psychiatric 2
hospitals; relating to a report published by the Department of Health; relating to 3
inspections by the Department of Health of certain psychiatric hospitals; and providing 4
for an effective date." 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
* Section 1. AS 47.30 is amended by adding a new section to read: 7
Sec. 47.30.843. Minors undergoing inpatient mental health evalu ation and 8
treatment. A minor undergoing evaluation or inpatient treatment at a psyc hiatric 9
hospital has the right, unless it is otherwise prohibited by la w o r c o u r t o r d e r o r 10
considered therapeutically unadvisable by the professional pers on in charge, to have 11
confidential telephone or video co mmunication each week for at least one cumulative 12
hour with the minor's parent or legal guardian or other adult a pproved by the 13
34-LS0126\N
CSSB 44(HSS) -2-
New Text Underlined [DELETED TEXT BRACKETED]
professional person in charge. The psychiatric hospital shall f acilitate the 1
communication and may place reasonable limits on the number of calls permitted. 2
* Sec. 2. AS 47.32.030 is amended by adding new subsections to read: 3
(e) The Department of Health s hall prepare an annual report re garding minors 4
in psychiatric hospitals and, not later than November 1 of each year, publish the report 5
on the department's Internet website, submit the report to the senate secretary and the 6
chief clerk of the house of repre sentatives, and notify the leg islature that the report is 7
available. The report must 8
(1) contain information on the us es of seclusion and restraint reported 9
under AS 47.32.200(g), including the aggregate total of the use s of seclusion or 10
restraint at each psychiatric hospital in which minors undergo evaluation or inpatient 11
treatment, and the type of psyc hotropic medication used, if any , to carry out each 12
chemical restraint; 13
( 2 ) s u m m a r i z e t h e d e p a r t m e n t ' s findings from the inspections 14
conducted under AS 47.32.110(d); and 15
(3) contain data on the number of minors who received residential care 16
at psychiatric hospitals, including information provided by the Department of Family 17
and Community Services under (f) of this section regarding mino rs in state custody 18
who receive care at psychiatric hospitals. 19
(f) The Department of Family and Community Services shall annually 20
(1) collect data on the number of minors in state custody who received 21
residential care at psychiatric hospitals in the state, the num ber of minors in state 22
custody who received residential care at out-of-state psychiatr ic hospitals, and the 23
amount of time each of those minors spent at psychiatric hospit als in each of those 24
settings; and 25
(2) provide the data collected under (1) of this subsection to the 26
Department of Health for inclusion in the report required under (e) of this section. 27
* Sec. 3. AS 47.32.110(c) is amended to read: 28
(c) Upon petition of the department with licensing authority f or the entity 29
under AS 47.32.010 and after a hearing held upon reasonable not ice to the entity, the 30
court shall issue an order to an officer or employee of that de partment authorizing the 31
34-LS0126\N
-3- CSSB 44(HSS)
New Text Underlined [DELETED TEXT BRACKETED]
officer or employee to enter for any of the purposes described in (a) or (d) of this 1
section. 2
* Sec. 4. AS 47.32.110 is amended by adding a new subsection to read: 3
(d) A designated agent or employee of the Department of Health shall 4
conduct, at least twice each year, an unannounced inspection of each psychiatric 5
hospital in which minors undergo evaluation or inpatient treatm ent and in which a 6
minor has spent more than three nights in the preceding year. I n conducting an 7
inspection under this subsection, th e Department of Health shal l interview at least 50 8
percent of the minor p atients of the psychiatric hospital. Staf f of the psychiatric 9
hospital may not be present during an interview conducted under this subsection. 10
* Sec. 5. AS 47.32.200 is amended by adding a new subsection to read: 11
(g) A psychiatric hospital shall notify the Department of Heal th in writing of 12
each use of seclusion or restraint on a minor, including the us e of a chemical, 13
mechanical, or physical restraint. The psychiatric hospital sha ll notify the Department 14
of Health and the parent or guardian of the minor not later tha n one business day after 15
the use of seclusion or restraint. The notification provided by a psychiatric hospital 16
regarding the use of a chemical r estraint must include the type of psychotropic 17
medication used to carry out the chemical restraint. 18
* Sec. 6. This Act takes effect July 1, 2025. 19