Title 47 — Welfare, Social Services, and Institutions
34 chapters · 745 sections in this title.
AS 47.37.010 Declaration of policy.
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It is the policy of the state to recognize, appreciate, and reinforce the example set by its citizens who lead, believe in, and support a life of sobriety. It is also the policy of the state that alcoholics and intoxicated persons should not be criminally prosecuted for their con…
AS 47.37.020 Division of alcoholism and drug abuse. [Repealed, E.O. No. 108, § 88 (2003).]
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[Repealed or reserved.]
AS 47.37.030 Powers of department.
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The department may (1) plan, establish, and maintain programs for the prevention and treatment of alcoholism, drug abuse, and misuse of hazardous volatile materials and substances by inhalant abusers; (2) make contracts and award grants necessary or incidental to the performance …
AS 47.37.040 Duties of department.
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The department shall (1) develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of alcoholism and drug abuse and treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers in cooperation with public and private ag…
AS 47.37.045 Community action against substance abuse grants.
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(a) [Repealed, § 12 ch 42 SLA 1997.] (b) A school district, municipality, nonprofit organization, local governing body of an established village, or community organization may file an application with the department for a community action against substance abuse grant. The applic…
AS 47.37.050 Interdepartmental coordinating committee.
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(a) An interdepartmental coordinating committee is created, composed of the commissioners of health, education and early development, transportation and public facilities, labor and workforce development, and public safety, and the director of the Alcoholic Beverage Control Board…
AS 47.37.120 Program development and implementation.
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(a) The department shall carry out the development and implementation of a comprehensive program dealing with the prevention and treatment of, and research on, problems of alcoholism and drug abuse as they affect the state. (b) The comprehensive program carried out under this sec…
AS 47.37.125 Payment for services.
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Subject to appropriation by the legislature, money in the mental health trust settlement income account established in AS 37.14.036 may be used to support a service provided under the authority given in this chapter.
AS 47.37.130 Comprehensive program for treatment; regional facilities.
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(a) The department shall establish a comprehensive and coordinated program for the treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers. The department may divide the state into appropriate regions to conduct the program and establish standards for the…
AS 47.37.140 Treatment facilities.
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(a) The department shall establish standards for facilities, which standards may vary in their requirements and stringency according to the population, price level, remoteness, access to transportation, and availability of ancillary services of the area to be served, and shall fi…
AS 47.37.145 Telehealth.
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(a) A public or private treatment facility approved under AS 47.37.140 may provide health care services authorized under AS 47.37.030 — 47.37.270 through telehealth to a patient in this state. (b) If an individual employed by a public or private treatment facility approved under …
AS 47.37.150 Admission for treatment.
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The department shall adopt regulations for the admission of persons into the treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers. In ad…
AS 47.37.160 Voluntary treatment of alcoholics.
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(a) An alcoholic may voluntarily apply for treatment directly to an approved public treatment facility. (b) Subject to regulations adopted by the department, the administrator in charge of an approved public treatment facility may determine who shall be admitted for treatment. If…
AS 47.37.170 Treatment and services for intoxicated persons and persons incapacitated by alcohol or drugs.
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(a) An intoxicated person may come voluntarily to an approved public treatment facility for emergency treatment. A person who appears to be intoxicated in a public place and to be in need of help or a person who appears to be intoxicated in or upon licensed premises where intoxic…
AS 47.37.180 Emergency commitment.
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(a) An intoxicated person who (1) has threatened, attempted to inflict, or inflicted physical harm on another or is likely to inflict physical harm on another unless committed, or (2) is incapacitated by alcohol or drugs, may be committed to an approved public treatment facility …
AS 47.37.190 Involuntary commitment.
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(a) A spouse or guardian, a relative, the certifying physician, physician assistant, advanced practice registered nurse, or the administrator in charge of an approved public treatment facility may petition the court for a 30-day involuntary commitment order. The petition must all…
AS 47.37.200 Hearing, commitment, facility, discharge, transfer, and rights.
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(a) At the hearing for a 30-day commitment required under AS 47.37.190(b), the court shall hear all relevant testimony, including, if possible, the testimony of at least one person who has examined the person whose commitment is sought under AS 47.37.180(b) or 47.37.190(a). The p…
AS 47.37.205 Procedure for recommitment following 30-day commitment.
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(a) At any time during a person's 30-day commitment, the director of an approved public facility or approved private facility may file with the court a petition for a 180-day commitment of that person. The petition must include all material required under AS 47.37.190(a) except t…
AS 47.37.207 Unauthorized absences: return to facility.
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When a person committed under AS 47.37.190 — 47.37.205 is absent from a treatment facility without authorization, the administrator, or that person's designee, may contact peace officers who shall take the person into custody and return the respondent to the treatment facility.
AS 47.37.210 Records of alcoholics, drug abusers, and intoxicated persons.
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(a) Except as required by AS 28.35.030(d), the registration and other records of treatment facilities shall remain confidential and are privileged to the patient. (b) Notwithstanding (a) of this section, the department may make available information from patients' records for pur…
AS 47.37.220 Visitation and communication with patients.
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(a) Patients in any approved treatment facility under this chapter shall be granted reasonable opportunities for adequate consultation with counsel, and for continuing contact with family and friends including the use of telephone facilities, consistent with an effective treatmen…
AS 47.37.230 Establishment of emergency service patrol.
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(a) Cities and boroughs may establish emergency service patrols. An emergency service patrol consists of persons trained to give assistance in public places to persons who are intoxicated. Members of an emergency service patrol shall be capable of providing first aid in emergency…
AS 47.37.235 Limitations on liability; bad faith application a felony.
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(a) Except as provided under (b) of this section, a person acting in good faith upon either actual knowledge or reliable information who takes a person into protective custody or detains a person under AS 47.37.170 — 47.37.180, or who petitions for commitment under AS 47.37.180 —…
AS 47.37.240 Payment for treatment.
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(a) A patient in an approved treatment facility, or the person obligated to provide for the cost of treatment of a person committed under this chapter, is liable to the public or private facility for the cost of maintenance and treatment of the patient in accordance with rates es…
AS 47.37.245 Wages of patients.
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(a) A participant in a residential drug abuse or alcoholism treatment program may be paid wages for work therapy. The payment of wages for work therapy by a drug or alcoholism treatment program shall be considered an allowable cost under the department's regulations governing cos…
AS 47.37.250 Effect of chapter on other laws.
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(a) Nothing in this chapter affects a statute, ordinance, or regulation relating to (1) drunken driving, driving under the influence of alcohol, or other similar offenses involving alcohol and the operation of a vehicle, aircraft, boat, machinery, or other equipment; (2) the sale…
AS 47.37.260 Application of Administrative Procedure Act.
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Except as otherwise provided in this chapter, AS 44.62 (Administrative Procedure Act) applies to and governs all administrative action taken by the department under this chapter.
AS 47.37.270 Definitions.
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In this chapter, (1) “alcoholic or drug abuser” means a person who demonstrates increased tolerance to alcohol or drugs, who suffers from withdrawal when alcohol or drugs are not available, whose habitual lack of self-control concerning the use of alcohol or drugs causes signific…