MINORS & PSYCHIATRIC HOSPITALS, the official text

Enrolled HB 52 
 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. 
 _______________ 
 * Section 1. AS 47.30 is amended by adding a new section to read: 
 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 two cumulative 
 hours with the minor's parent or legal guardian or other adult approved by the 
 professional person in charge. The minor, the minor's parent or legal guardian, or

another adult approved by the professional person in charge may request the 
 confidential communication. The psychiatric hospital shall facilitate the 
 communication. 
 * Sec. 2. AS 47.32.030 is amended by adding new subsections to read: 
 (e) 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 
 (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; 
 (2) summarize the department's findings from the inspections 
 conducted under AS 47.32.110(d); 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. 
 (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; and 
 (2) 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. 
 * Sec. 3. AS 47.32.110(c) is amended to read: 
 (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. 
 * Sec. 4. AS 47.32.110 is amended by adding a new subsection to read: 
 (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. 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 
 unless the Department of Health requests staff presence during the interview to ensure 
 safety. 
 * Sec. 5. AS 47.32.200 is amended by adding a new subsection to read: 
 (g) 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 72 hours 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. 
 * Sec. 6. AS 47.32.900 is amended by adding a new paragraph to read: 
 (22) "chemical restraint" means a medication that is used to control the 
 behavior or to restrict the freedom of movement of a patient; "chemical restraint" does 
 not include the ongoing use of a medication for the treatment of symptoms of an 
 underlying psychiatric illness. 
 * Sec. 7. This Act takes effect July 1, 2027.