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Bill Text
BILL ID: HB 115
00 CS FOR HOUSE BILL NO. 115(HES)
01 "An Act relating to the definition of 'mental health professional' for certain mental
02 health proceedings and treatments; relating to the services of certain medical
03 professionals in civil proceedings for the commitment of certain intoxicated persons;
04 allowing a physician assistant or advanced nurse practitioner to certify the need for
05 emergency treatment as a result of intoxication; and providing for an effective date."
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
07 * Section 1. AS 47.30.915(11) is amended to read:
08 (11) "mental health professional" means a psychiatrist or physician
09 who is licensed to practice in this state or employed by the federal government; a
10 clinical psychologist licensed by the state Board of Psychologist and Psychological
11 Associate Examiners; a psychological associate trained in clinical psychology and
12 licensed by the Board of Psychologist and Psychological Associate Examiners; a
13 registered nurse with a master's degree in psychiatric nursing, licensed by the State
01 Board of Nursing; a marital and family therapist licensed by the Board of Marital
02 and Family Therapy; a professional counselor licensed by the Board of
03 Professional Counselors; and a clinical social worker licensed by the Board of
04 Social Work Examiners [WITH A MASTER'S DEGREE IN SOCIAL WORK AND
05 SUBSTANTIAL EXPERIENCE IN THE FIELD OF MENTAL ILLNESS];
06 * Sec. 2. AS 47.37.180(b) is amended to read:
07 (b) The certifying physician, physician assistant, advanced nurse
08 practitioner, spouse, guardian, or relative of the person to be committed, or any other
09 responsible person, may make a written application for commitment under this
10 section, directed to the administrator of the approved public treatment facility. The
11 application must state facts to support the need for emergency treatment and be
12 accompanied by a physician's, physician assistant's, or advanced nurse
13 practitioner's certificate supporting the need for emergency treatment and stating that
14 the physician, physician assistant, or advanced nurse practitioner has examined the
15 person sought to be committed within two days before the certificate's date.
16 * Sec. 3. AS 47.37.180(f) is amended to read:
17 (f) A copy of the written application for commitment and of the physician's,
18 physician assistant's, or advanced nurse practitioner's certificate, and a written
19 explanation of the person's right to legal counsel, shall be given to the person within
20 24 hours after commitment by the administrator, who shall provide a reasonable
21 opportunity for the person to consult with legal counsel.
22 * Sec. 4. AS 47.37.190(a) is amended to read:
23 (a) A spouse or guardian, a relative, the certifying physician, physician
24 assistant, advanced nurse practitioner, or the administrator in charge of an approved
25 public treatment facility may petition the court for a 30-day involuntary commitment
26 order. The petition must allege that the person is an alcoholic or drug abuser who (1)
27 has threatened, attempted to inflict, or inflicted physical harm on another and that
28 unless committed is likely to inflict physical harm on another; or (2) is incapacitated
29 by alcohol or drugs. A refusal to undergo treatment does not constitute evidence of
30 lack of judgment as to the need for treatment. The petition must be accompanied by a
31 certificate of a licensed physician, physician assistant, or advanced nurse
01 practitioner who has examined the person within two days before submission of the
02 petition, unless the person whose commitment is sought has refused to submit to a
03 medical examination, in which case the fact of refusal must be alleged in the petition.
04 The certificate must set out the physician's findings of the examination in support of
05 the allegations of the petition.
06 * Sec. 5. AS 47.37.200(a) is amended to read:
07 (a) At the hearing for a 30-day commitment required under AS 47.37.190(b),
08 the court shall hear all relevant testimony, including, if possible, the testimony of at
09 least one person [LICENSED PHYSICIAN] who has examined the person whose
10 commitment is sought under AS 47.37.180(b) or 47.37.190(a). The person whose
11 commitment is sought shall be present unless the court believes that being present is
12 likely to be injurious to the person, in which case the court may conduct the hearing
13 telephonically. The court may examine the person in open court, or, if advisable,
14 examine the person out of court. If the person has refused to be examined under
15 AS 47.37.180(b) or 47.37.190(a) [BY A LICENSED PHYSICIAN], the person shall
16 be given an opportunity to request examination by a court-appointed licensed
17 physician, physician assistant, or advanced nurse practitioner. If the person fails
18 to request a medical examination and there is sufficient evidence to believe that the
19 allegations of the petition are true, or, if the court believes that more medical evidence
20 is necessary, the court may issue a temporary order committing the person to a private
21 or public facility for a period of not more than five days for purposes of a diagnostic
22 examination.
23 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).
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