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SENATE BILL NO. 124
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - FIRST SESSION
BY SENATOR GIESSEL
Introduced: 5/14/19
Referred: Health and Social Services, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to the duties of the Alaska Mental Health Board; establishing the
2 Alaska Psychiatric Institute Oversight Board; relating to state psychiatric hospital
3 records; and providing for an effective date."
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
5 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
6 to read:
7 LEGISLATIVE INTENT. It is the intent of the legislature that the state accept its
8 responsibility to ensure and uphold the human and civil rights of persons in need of
9 psychiatric care, to be implemented by the Alaska Psychiatric Institute Oversight Board, and
10 that, in conducting its oversight responsibilities, the board adhere to the principles of
11 transparency, accessibility, and community engagement.
12 * Sec. 2. AS 47.30.666 is amended to read:
13 Sec. 47.30.666. Duties of the board. The board is the state planning and
14 coordinating body for the purpose of federal and state laws relating to mental health
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1 services for persons with mental disorders identified in AS 47.30.056(b)(1). On behalf
2 of those persons, the board shall
3 (1) prepare and maintain a comprehensive plan of treatment and
4 rehabilitation services;
5 (2) propose an annual implementation plan consistent with the
6 comprehensive plan and with due regard for the findings from evaluation of existing
7 programs;
8 (3) provide a public forum for the discussion of issues related to the
9 mental health services for which the board has planning and coordinating
10 responsibility;
11 (4) advocate the needs of persons with mental disorders before the
12 governor, executive agencies, the legislature, and the public;
13 (5) advise the legislature, the governor, the Alaska Mental Health Trust
14 Authority, and other state agencies in matters affecting persons with mental disorders,
15 including, but not limited to,
16 (A) development of necessary services for diagnosis, treatment,
17 and rehabilitation;
18 (B) evaluation of the effectiveness of programs in the state for
19 diagnosis, treatment, and rehabilitation;
20 (C) legal processes that affect screening, diagnosis, treatment,
21 and rehabilitation;
22 (6) provide to the Alaska Mental Health Trust Authority for its review
23 and consideration recommendations concerning the integrated comprehensive mental
24 health program for those persons who are described in AS 47.30.056(b)(1) and the use
25 of money in the mental health trust settlement income account in a manner consistent
26 with regulations adopted under AS 47.30.031; [AND]
27 (7) submit periodic reports regarding its planning, evaluation,
28 advocacy, and other activities; and
29 (8) nominate individuals who reflect the economic and geographic
30 diversity of the state to serve as voting members of the Alaska Psychiatric
31 Institute Oversight Board established under AS 47.30.920.
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1 * Sec. 3. AS 47.30 is amended by adding new sections to read:
2 Article 11A. Alaska Psychiatric Institute Oversight Board.
3 Sec. 47.30.920. Alaska Psychiatric Institute Oversight Board established.
4 The Alaska Psychiatric Institute Oversight Board is established in the department for
5 the purpose of providing management and oversight of the state psychiatric hospital.
6 Sec. 47.30.925. Board members. (a) The board consists of seven voting
7 members and five nonvoting members.
8 (b) The seven voting members are appointed by the governor and confirmed
9 by a majority of the members of the legislature in joint session. A voting member may
10 not be an officer or employee of the state or have a financial interest, individually or as
11 a fiduciary, in the state psychiatric hospital. The governor shall fill a vacancy in the
12 voting membership of the board after the governor has considered a list of nominees
13 submitted by the Alaska Mental Health Board established under AS 47.30.661. The
14 governor shall make the appointment within 45 days after the list of nominees is
15 submitted. The voting members consist of
16 (1) two members who
17 (A) advocate for or provide representation to individuals with
18 mental illness; or
19 (B) practice disability law in the state;
20 (2) two members who are health care professionals or licensed mental
21 health professionals with experience working with individuals with mental illness;
22 (3) one member who is a consumer of mental health services or a
23 former patient of the state psychiatric hospital;
24 (4) one member who represents the tribal health community in the
25 state and has expertise in mental or behavioral health; and
26 (5) one member who is a family member of a consumer of mental
27 health services.
28 (c) The five nonvoting members consist of
29 (1) one member of the senate appointed by the president of the senate;
30 (2) one member of the house of representatives appointed by the
31 speaker of the house of representatives;
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1 (3) the commissioner or the commissioner's designee; and
2 (4) two members appointed by the voting members of the board as
3 follows
4 (A) one member of the Alaska Mental Health Board
5 established under AS 47.30.661; and
6 (B) one member who is a medical professional and an exempt
7 or partially exempt employee of the state psychiatric hospital.
8 (d) The voting members shall elect a chair and vice-chair from among the
9 voting members of the board every two years.
10 (e) The department shall provide technical and administrative support to the
11 board, including meeting space, supplies, equipment, and secretarial services.
12 Sec. 47.30.926. Term of office. Board members appointed by the governor
13 under AS 47.30.925(b) and by the voting members of the board under
14 AS 47.30.925(c)(4) serve staggered four-year terms and may be reappointed. A board
15 member appointed to fill a vacancy holds office for the balance of the term for which
16 the member's predecessor on the board was appointed.
17 Sec. 47.30.927. Removal. The governor may remove board members
18 appointed under AS 47.30.925(b) only for cause. The board may suggest to the
19 governor the removal of a board member.
20 Sec. 47.30.928. Quorum. (a) A majority of the voting members of the board
21 constitutes a quorum for the transaction of business and the exercise of the powers and
22 duties of the board. Action may be taken and a motion or resolution may be adopted
23 upon an affirmative vote of a majority of the voting members.
24 (b) The board may meet and transact business by electronic media. An action
25 taken at a meeting held by electronic media under this subsection has the same legal
26 effect as an action taken at a meeting held in person.
27 Sec. 47.30.929. Compensation of board members. Board members serve
28 without compensation, but are entitled to per diem and travel allowances authorized
29 for boards and commissions under AS 39.20.180.
30 Sec. 47.30.930. Meetings. The board shall meet at least once every three
31 months. The commissioner shall attend at least two board meetings each year. A
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1 meeting of the board shall occur at the call of the chair or upon the written request of a
2 majority of the voting members of the board. The board shall provide public notice of
3 a meeting of the board at least 10 calendar days before the meeting. The board shall
4 post the public notice on the Alaska Online Public Notice System and on the Internet
5 website of the state psychiatric hospital. If the board determines that it is
6 technologically and economically feasible, the board shall provide a live audio and
7 video broadcast of each board meeting held under this subsection.
8 Sec. 47.30.935. Powers of the board. The board may
9 (1) cooperate with a public or private board, organization, or agency
10 engaged in work or activities similar to the work or activities of the board;
11 (2) incur expenses incidental to the performance of its duties;
12 (3) appear before a board, commission, department, or other agency of
13 municipal, state, or federal government;
14 (4) establish advisory committees to assist and provide
15 recommendations to the board in the performance of the board's functions; an advisory
16 committee consists of two voting members of the board appointed by the chair of the
17 board and not more than three additional members appointed by a majority of the
18 voting members of the board; an additional member of the advisory committee may
19 not be a voting member of the board but may be a nonvoting member of the board or a
20 member of the public at large with expertise relevant to the purpose of the advisory
21 committee; an additional member serves without compensation but is entitled to per
22 diem and travel allowances authorized for boards and commissions under
23 AS 39.20.180;
24 (5) adopt regulations to implement and carry out the purposes of
25 AS 47.30.920 - 47.30.949;
26 (6) perform other tasks as requested by the department.
27 Sec. 47.30.940. Duties of the board. The board shall
28 (1) make recommendations to the chief executive officer of the state
29 psychiatric hospital, the division, and the commissioner relating to
30 (A) goals for the state psychiatric hospital;
31 (B) facilities, maintenance, staffing, programs, services, and
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1 policies of the state psychiatric hospital;
2 (C) coordination of services, programs, and policies between
3 the state psychiatric hospital and community mental health care programs and
4 facilities, including recommendations relating to admission, discharge, and
5 aftercare;
6 (D) contracts for the use of facilities of the state psychiatric
7 hospital for other programs, services, and agencies;
8 (2) monitor compliance with standards for patients' rights and
9 grievance processes;
10 (3) assist in evaluating the achievement of the board's goals;
11 (4) review budget requests relating to the state psychiatric hospital;
12 (5) make recommendations to the chief executive officer of the state
13 psychiatric hospital, the division, the commissioner, and the legislature relating to
14 (A) the annual budget for the state psychiatric hospital;
15 (B) federal and state laws concerning, and administrative rules,
16 policies, procedures, and protocols related to, the safety, security, and care of
17 patients of the state psychiatric hospital;
18 (C) performance measures related to the safety, security, and
19 care of patients;
20 (D) goals for improving the safety, security, and care of
21 patients of the state psychiatric hospital and improvements that are in progress;
22 (E) legislation related to the state psychiatric hospital and
23 behavioral health services in the state;
24 (F) contracting and procurement related to the management and
25 administration of the state psychiatric hospital;
26 (6) assist in educating the community about the role of the state
27 psychiatric hospital in meeting the needs of individuals with mental illness;
28 (7) assist in identifying and obtaining alternative funding sources for
29 programs of the state psychiatric hospital;
30 (8) establish a process for and assist in the hiring and dismissal of the
31 chief executive officer of the state psychiatric hospital; the process must
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1 (A) require the commissioner to select the chief executive
2 officer from a list of nominees submitted by the board; and
3 (B) provide that the board may recommend to the
4 commissioner the dismissal of the chief executive officer;
5 (9) establish policies for patient care that are consistent with the
6 principles of trauma-informed care;
7 (10) initiate, oversee, and approve, in coordination with the chief
8 procurement officer, contracts and procurements relating to the state psychiatric
9 hospital that exceed $100,000;
10 (11) on or before September 1 of each year, prepare and deliver an
11 electronic report reviewing the activities of the previous fiscal year to the chief
12 executive officer of the state psychiatric hospital, the division, the commissioner, the
13 senate secretary, and the chief clerk of the house of representatives and notify the
14 legislature the report is available; the report must include
15 (A) an evaluation of the extent to which the state psychiatric
16 hospital is meeting the needs of its patients;
17 (B) an evaluation of the extent to which the state psychiatric
18 hospital is effectively participating in the behavioral health continuum of care,
19 including the use of methods consistent with trauma-informed care and
20 evidence-based practices;
21 (C) recommendations for legislation relating to the state
22 psychiatric hospital;
23 (D) budget recommendations for the state psychiatric hospital;
24 (E) workforce development needs for behavioral health
25 services; and
26 (F) a summary of the activities conducted by the board;
27 (12) at least once every three years, perform an overview of federal
28 and state laws relating to, and administrative rules, policies, procedures, and protocols
29 of, the state psychiatric hospital;
30 (13) adopt, amend, or r