MINORS & PSYCHIATRIC HOSPITALS, the official text

00Enrolled HB 52
01Relating to the rights of minors undergoing evaluation or inpatient treatment at psychiatric 
02 hospitals; relating to the use of seclusion or restraint of minors at psychiatric hospitals; 
03 relating to a report published by the Department of Health; relating to inspections by the 
04 Department of Health of certain psychiatric hospitals; and providing for an effective date. 
05 _______________ 
06 * Section 1. AS 47.30 is amended by adding a new section to read: 
07 Sec. 47.30.843. Minors undergoing inpatient mental health evaluation and 
08 treatment. A minor undergoing evaluation or inpatient treatment at a psychiatric 
09 hospital has the right, unless it is otherwise prohibited by law or court order or 
10 considered therapeutically unadvisable by the professional person in charge, to have 
11 confidential telephone or video communication each week for at least two cumulative 
12 hours with the minor's parent or legal guardian or other adult approved by the 
13 professional person in charge. The minor, the minor's parent or legal guardian, or

01 another adult approved by the professional person in charge may request the 
02 confidential communication. The psychiatric hospital shall facilitate the 
03 communication. 
04 * Sec. 2. AS 47.32.030 is amended by adding new subsections to read: 
05 (e) The Department of Health shall prepare an annual report regarding minors 
06 in psychiatric hospitals and, not later than November 1 of each year, publish the report 
07 on the department's Internet website, submit the report to the senate secretary and the 
08 chief clerk of the house of representatives, and notify the legislature that the report is 
09 available. The report must 
10 (1) contain information on the uses of seclusion and restraint reported 
11 under AS 47.32.200(g), including the aggregate total of the uses of seclusion or 
12 restraint at each psychiatric hospital in which minors undergo evaluation or inpatient 
13 treatment, and the type of psychotropic medication used, if any, to carry out each 
14 chemical restraint; 
15 (2) summarize the department's findings from the inspections 
16 conducted under AS 47.32.110(d); and 
17 (3) contain data on the number of minors who received residential care 
18 at psychiatric hospitals, including information provided by the Department of Family 
19 and Community Services under (f) of this section regarding minors in state custody 
20 who receive care at psychiatric hospitals. 
21 (f) The Department of Family and Community Services shall annually 
22 (1) collect data on the number of minors in state custody who received 
23 residential care at psychiatric hospitals in the state, the number of minors in state 
24 custody who received residential care at out-of-state psychiatric hospitals, and the 
25 amount of time each of those minors spent at psychiatric hospitals in each of those 
26 settings; and 
27 (2) provide the data collected under (1) of this subsection to the 
28 Department of Health for inclusion in the report required under (e) of this section. 
29 * Sec. 3. AS 47.32.110(c) is amended to read: 
30 (c) Upon petition of the department with licensing authority for the entity 
31 under AS 47.32.010 and after a hearing held upon reasonable notice to the entity, the

01court shall issue an order to an officer or employee of that department authorizing the 
02 officer or employee to enter for any of the purposes described in (a) or (d) of this 
03 section. 
04 * Sec. 4. AS 47.32.110 is amended by adding a new subsection to read: 
05 (d) A designated agent or employee of the Department of Health shall 
06 conduct, at least twice each year, an unannounced inspection of each psychiatric 
07 hospital in which minors undergo evaluation or inpatient treatment and in which a 
08 minor has spent more than three nights in the preceding year. In conducting an 
09 inspection under this subsection, the Department of Health shall interview at least 50 
10 percent of the minor patients of the psychiatric hospital. Staff of the psychiatric 
11 hospital may not be present during an interview conducted under this subsection 
12 unless the Department of Health requests staff presence during the interview to ensure 
13 safety. 
14 * Sec. 5. AS 47.32.200 is amended by adding a new subsection to read: 
15 (g) A psychiatric hospital shall notify the Department of Health in writing of 
16 each use of seclusion or restraint on a minor, including the use of a chemical, 
17 mechanical, or physical restraint. The psychiatric hospital shall notify the Department 
18 of Health and the parent or guardian of the minor not later than 72 hours after the use 
19 of seclusion or restraint. The notification provided by a psychiatric hospital regarding 
20 the use of a chemical restraint must include the type of psychotropic medication used 
21 to carry out the chemical restraint. 
22 * Sec. 6. AS 47.32.900 is amended by adding a new paragraph to read: 
23 (22) "chemical restraint" means a medication that is used to control the 
24 behavior or to restrict the freedom of movement of a patient; "chemical restraint" does 
25 not include the ongoing use of a medication for the treatment of symptoms of an 
26 underlying psychiatric illness. 
27 * Sec. 7. This Act takes effect July 1, 2027.