Title 47 — Welfare, Social Services, and Institutions
34 chapters · 745 sections in this title.
AS 47.30.707 Admission to and hold at a crisis stabilization center.
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(a) Except as provided in (b) of this section, when a crisis stabilization center admits a respondent under AS 47.30.705, the crisis stabilization center may hold the respondent at the center for a period not to exceed 23 hours and 59 minutes. A mental health professional shall e…
AS 47.30.708 Admission to and detention at a crisis residential center.
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(a) A respondent who is delivered to a crisis residential center for emergency examination and treatment shall be examined and evaluated as to mental and physical condition by a mental health professional within three hours after arrival at the facility. (b) The mental health pro…
AS 47.30.709 Rights of respondents at crisis stabilization centers and crisis residential centers; psychotropic medication; time.
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(a) If, at any time during a respondent's hold at a crisis stabilization center or detention at a crisis residential center, the professional person in charge determines that the respondent does not meet the standard for a hold or detention, the respondent may no longer be held o…
AS 47.30.710 Examination; hospitalization.
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(a) A respondent who is delivered under AS 47.30.700 — 47.30.706 to an evaluation facility for examination and treatment shall be examined and evaluated as to mental and physical condition by a mental health professional and by a physician within 24 hours after arrival at the fac…
AS 47.30.715 Procedure after order.
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(a) After the court grants an ex parte order authorizing hospitalization for evaluation, the department shall immediately transport a person who is detained at a medical or other facility, including a correctional facility, to a crisis residential center or evaluation facility fo…
AS 47.30.720 Release before expiration of 72-hour period.
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If at any time in the course of the 72-hour period the mental health professionals conducting the evaluation determine that the respondent does not meet the standards for commitment specified in AS 47.30.700, the respondent shall be discharged from the facility or the place of ev…
AS 47.30.725 Rights; notification.
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(a) When a respondent is detained for evaluation under AS 47.30.660 — 47.30.915, the respondent shall be immediately notified orally and in writing of the rights under this section. Notification must be in a language understood by the respondent. The respondent's guardian, if any…
AS 47.30.727 Provision of records and notice following a finding of incompetency in a criminal case.
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(a) Within 30 days after a respondent has been found incompetent to proceed under AS 12.47.110 and committed under AS 47.30.700 — 47.30.915, and every 30 days thereafter until the civil commitment case has concluded, the division of the Department of Law that has responsibility f…
AS 47.30.730 Petition for 30-day commitment.
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(a) In the course of the 72-hour evaluation period, a petition for commitment to a treatment facility may be filed in court. The petition must be signed by two mental health professionals who have examined the respondent, one of whom is a physician. The petition must (1) allege t…
AS 47.30.735 30-day commitment; hearing.
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(a) Upon receipt of a proper petition for commitment, the court shall hold a hearing at the date and time previously specified according to procedures set out in AS 47.30.715. (b) The hearing shall be conducted in a physical setting least likely to have a harmful effect on the me…
AS 47.30.740 Procedure for 90-day commitment following 30-day commitment.
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(a) At any time during the respondent's 30-day commitment, the professional person in charge, or that person's professional designee, may file with the court a petition for a 90-day commitment of that respondent. The petition must include all material required under AS 47.30.730(…
AS 47.30.745 90-day commitment hearing rights; continued commitment.
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(a) A respondent subject to a petition for 90-day commitment has, in addition to the rights specified elsewhere in this chapter, or otherwise applicable, the rights enumerated in this section. Written notice of these rights shall be served on the respondent and the respondent's a…
AS 47.30.750 Conduct of hearing.
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The hearing under AS 47.30.745 shall be conducted in the same manner, and with the same rights for the respondent, as set out in AS 47.30.735(b).
AS 47.30.755 Court order.
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(a) After the hearing and within the time limit specified in AS 47.30.745, the court may commit the respondent to a treatment facility for no more than 90 days if the court or jury finds by clear and convincing evidence that the respondent is mentally ill and as a result is likel…
AS 47.30.760 Placement at closest facility.
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Treatment shall always be available at a state-operated hospital; however, if space is available and upon acceptance by another treatment facility, a respondent who is committed by the court shall be placed by the department at the designated treatment facility closest to the res…
AS 47.30.765 Appeal.
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The respondent has the right to an appeal from an order of involuntary commitment. The court shall inform the respondent of this right.
AS 47.30.770 Additional 180-day commitment.
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(a) The respondent shall be released from involuntary treatment at the expiration of 90 days unless the professional person in charge files a petition for a 180-day commitment conforming to the requirements of AS 47.30.740(a) except that all references to “30-day commitment” shal…
AS 47.30.771 Additional two-year commitment.
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(a) The respondent shall be released from involuntary treatment at the expiration of 180 days unless the professional person in charge or the attorney general's office files an additional 180-day petition or a petition for a commitment of up to two years conforming to the require…
AS 47.30.772 Medication and treatment.
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An evaluation facility or designated treatment facility may administer medication or other treatment to an involuntarily committed patient only in a manner that is consistent with the provisions of AS 47.30.817 — 47.30.865.
AS 47.30.775 Commitment of minors.
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The provisions of AS 47.30.700 — 47.30.815 apply to minors. However, all notices required to be served on the respondent in AS 47.30.700 — 47.30.815 shall also be served on the parent or guardian of a respondent who is a minor, and parents or guardians of a minor respondent shall…
AS 47.30.780 Early discharge.
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(a) Except as provided in (b) and (c) of this section, the professional person in charge shall at any time discharge a respondent on the ground that the respondent is no longer gravely disabled or likely to cause serious harm as a result of mental illness. A certificate to this e…
AS 47.30.785 Authorized absences.
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A respondent undergoing involuntary treatment on an inpatient basis under AS 47.30.700 — 47.30.815 may be authorized to be absent from the treatment facility during times specified by the professional person in charge, or that person's professional designee, when an authorization…
AS 47.30.790 Unauthorized absences: return to facility; required notice.
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When a respondent undergoing involuntary treatment on an inpatient basis is absent from the treatment facility without, or in excess of, authorization under AS 47.30.785, the professional person in charge, or that person's professional designee, may contact the appropriate peace …
AS 47.30.795 Involuntary outpatient care for committed persons.
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(a) A respondent who was originally committed to involuntary inpatient care under AS 47.30.700 — 47.30.915 may be released before the expiration of the commitment period if a provider of outpatient care accepts the respondent for specified outpatient treatment for a period of tim…
AS 47.30.800 Conversion of involuntary outpatient treatment to inpatient commitment.
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(a) A respondent ordered by the court under the provisions of AS 47.30.700 — 47.30.915 to receive involuntary outpatient treatment may be required to undergo inpatient treatment when the provider of outpatient care finds that (1) the respondent is mentally ill and is likely to ca…
AS 47.30.803 Conversion from involuntary to voluntary status.
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A patient subject to involuntary hospitalization under AS 47.30.705, 47.30.735, or AS 47.30.755 may at any time convert to voluntary status if the responsible physician agrees that (1) the patient is an appropriate patient for voluntary hospitalization; and (2) the conversion is …
AS 47.30.805 Computation, extension, and expiration of periods of time.
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(a) Except as provided in (b) of this section, (1) computations of a 72-hour period under AS 47.30.706, 47.30.708, or 47.30.715 or a 48-hour period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any period of time necessary to transport the respondent to…
AS 47.30.810 Habeas corpus not limited.
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Nothing in AS 47.30.660 — 47.30.915 may be construed as limiting a person's right to a writ of habeas corpus.
AS 47.30.815 Limitation of liability; bad faith application a felony.
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(a) A person acting in good faith upon either actual knowledge or reliable information who makes application for evaluation or treatment of another person under AS 47.30.700 — 47.30.915 is not subject to civil or criminal liability. (b) The following persons may not be held civil…
AS 47.30.817 Advance health care directives.
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A health care provider or a health care institution may not require or prohibit the execution or revocation of an advance health care directive as a condition for admission, discharge, or providing health care. In this section, “advance health care directive,” “health care instit…
AS 47.30.825 Patient medical rights.
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(a) A patient who is receiving services under AS 47.30.660 — 47.30.915 has the rights described in this section. (b) The patient and the following persons, at the request of the patient, are entitled to participate in formulating the patient's individualized treatment plan and to…
AS 47.30.830 Prohibition of experimental treatments.
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(a) Experimental treatments involving any significant risk of physical or psychological harm may not be administered to a patient. (b) If the personnel of an evaluation or treatment facility are uncertain as to whether a proposed treatment is experimental or is experimental as ap…
AS 47.30.833 Nutritional evaluation; right to proper diet.
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(a) A treatment facility shall conduct a nutritional evaluation of a person admitted or committed to a treatment facility for evaluation or treatment, whether the person is a voluntary or involuntary patient. The evaluation shall be conducted within the first week after the patie…
AS 47.30.835 Civil rights not impaired.
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(a) A person may not deny to a person who is undergoing evaluation or treatment under AS 47.30.660 — 47.30.915 a civil right, including but not limited to, the right to free exercise of religion and the right to dispose of property, sue and be sued, enter into contractual relatio…
AS 47.30.836 Psychotropic medication in non-crisis situation.
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(a) An evaluation facility or designated treatment facility may not administer psychotropic medication to a patient in a situation that does not involve a crisis under AS 47.30.838(a)(1) unless the patient (1) has the capacity to give informed consent to the medication, as descri…
AS 47.30.837 Informed consent.
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(a) A patient has the capacity to give informed consent for purposes of AS 47.30.836 if the patient is competent to make mental health or medical treatment decisions and the consent is voluntary and informed. (b) When seeking a patient's informed consent under this section, the e…
AS 47.30.838 Psychotropic medication in crisis situations.
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(a) Except as provided in (c) and (d) of this section, an evaluation facility or designated treatment facility may administer psychotropic medication to a patient without the patient's informed consent, regardless of whether the patient is capable of giving informed consent, only…
AS 47.30.839 Court-ordered administration of medication.
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(a) An evaluation facility or designated treatment facility may use the procedures described in this section to obtain court approval of administration of psychotropic medication if (1) there have been, or it appears that there will be, repeated crisis situations as described in …
AS 47.30.840 Right to privacy and personal possessions; other rights.
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(a) A person undergoing evaluation or treatment under AS 47.30.660 — 47.30.915 (1) may not be photographed without the person's consent and that of the person's guardian if a minor, except that the person may be photographed upon admission to a facility for identification and for…
AS 47.30.845 Confidential records.
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Information and records obtained in the course of a screening investigation, evaluation, examination, or treatment are confidential and are not public records, except as the requirements of a hearing under AS 47.30.660 — 47.30.915 may necessitate a different procedure. Informatio…
AS 47.30.847 Patients' grievance procedures.
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(a) A patient has the right to bring grievances about the patient's treatment, care, or rights to an impartial body within an evaluation facility or designated treatment facility. (b) An evaluation facility and a designated treatment facility shall have a formal grievance procedu…
AS 47.30.850 Sealing records.
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Following the discharge of a person from a treatment facility or the issuance of a court order denying a petition for commitment, the person may at any time move to have all court records pertaining to the proceedings sealed on condition that the person file a full release of all…
AS 47.30.851 Relief from legal disability.
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(a) A person who is prohibited from possessing a firearm or ammunition under 18 U.S.C. 922(g)(4) as a result of an involuntary commitment or an adjudication of mental illness or mental incompetence that occurred in this state may, at any time, move to be relieved from the disabil…
AS 47.30.855 Posting of rights.
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The rights set out in AS 47.30.817 — 47.30.855 shall be prominently posted in all treatment facilities in places accessible to all patients. A patient who does not understand English shall have the patient rights explained in a language the patient understands.
AS 47.30.860 Documents and notices in other languages.
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When practicable, all documents and notices required by AS 47.30.660 — 47.30.915 to be served on a respondent, or on the respondent's parents, guardian or adult designee, shall be explained in a language the person understands if the respondent is not competent in English.
AS 47.30.865 Discrimination prohibited.
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Article 9. Miscellaneous Provisions. (a) The fact that a person is or has been evaluated or treated for mental illness may not be a basis for discrimination in (1) seeking employment; (2) resuming or continuing professional practice or previous occupation; (3) obtaining or retain…
AS 47.30.870 Transportation.
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When a person is to be involuntarily committed to a facility, the department shall arrange, and is authorized to pay for, the person's necessary transportation to the designated facility accompanied by appropriate persons and, if necessary, by a peace officer. The department shal…
AS 47.30.875 Residence; nonresident patients; interstate agreements.
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(a) The admission papers of a person who is admitted to a treatment facility under AS 47.30.660 — 47.30.915 must include a statement as to the person's residence. The department may return a patient who is not a resident of the state to the state of the person's residence with co…
AS 47.30.880 Interstate Compact on Mental Health ratified.
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This state ratifies and adopts by reference “The Interstate Compact on Mental Health” consisting of 14 articles approved on September 30, 1955, by the Northeast State Governments Conference on Mental Health. The department is designated as compact administrator with full power to…
AS 47.30.885 Rights outside state.
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Nothing in AS 47.30.660 — 47.30.915 alters or impairs the application or availability to a patient, while hospitalized in another state under contractual arrangements entered in accordance with AS 47.30.660 — 47.30.915, of the rights, remedies, or safeguards provided by the laws …