Title 47 — Welfare, Social Services, and Institutions
34 chapters · 745 sections in this title.
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 …
AS 47.30.890 Provision for personal needs upon discharge.
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The department shall ensure that (1) a patient is not discharged from a treatment facility without suitable clothing; and (2) a discharged indigent patient is furnished (A) suitable transportation to the patient's permanent residence in this state or to another suitable place at …
AS 47.30.895 Disposition of unclaimed property; recovery of personal property.
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(a) Those unclaimed articles of personal property that are covered by AS 34.45.110 — 34.45.260 and the unclaimed money in the custody of a treatment facility that belong to a patient who dies before discharge, or to a patient who leaves the hospital without authority, if unclaime…
AS 47.30.900 Diligent inquiry; personal property delivery and claims.
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The department shall make diligent inquiry in every instance after departure without authority or death of a patient, to ascertain the whereabouts of the patient or that of the patient's legal heirs or representatives, and shall turn over to the proper person the money or article…
AS 47.30.905 Fees and expenses for judicial proceedings.
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(a) The witnesses, expert witnesses, and the jury in commitment proceedings under AS 47.30.660 — 47.30.915 are entitled to the fees, compensation, and mileage established by the administrative rules of court for other jurors and witnesses. Compensation, mileage, fees, transportat…
AS 47.30.907 Report to Department of Public Safety.
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(a) Notwithstanding AS 47.30.845, when a superior court orders the involuntary commitment of a person under AS 47.30.735 — 47.30.755 or when relief from a disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence is granted un…
AS 47.30.910 Payment of patient expenses.
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(a) A patient, the patient's spouse, or the patient's parent if the patient is under 18 years of age shall pay the charges for the care, transportation, and treatment of the patient when the patient is hospitalized under AS 47.30.670 — 47.30.915 at a state-operated facility, an e…
AS 47.30.912 Regulations.
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The department shall adopt regulations to implement AS 47.30.700 — 47.30.915.
AS 47.30.915 Definitions.
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In AS 47.30.660 — 47.30.915, (1) “adjudication of mental illness or mental incompetence” means a court order finding that a person is (A) not guilty by reason of insanity or guilty but mentally ill under AS 12.47.040; (B) incompetent to stand trial for a criminal offense under AS…
AS 47.30.950 Secs. 47.30.950 — 47.30.980. Personal Declaration of Preference for Mental Health Treatment. [Repealed, § 15 ch 83 SLA 2004. For current law, see AS 13.52.]
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[Repealed or reserved.]
AS 47.31.005 Applicability.
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This chapter applies only to those patients who have received evaluation or treatment at an evaluation facility or a designated treatment facility that is not a state-operated hospital.
AS 47.31.010 Eligibility for assistance.
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(a) The department shall provide financial assistance under this chapter to a patient who (1) does not have the available means to pay or substantially contribute to the payment of charges assessed by a facility; (2) has no other third party to pay for the evaluation or treatment…
AS 47.31.015 Application for assistance.
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(a) To receive assistance under this chapter, a patient or a patient's legal representative must apply in writing on a form provided by the department. A patient must apply for assistance within 180 days after the date of discharge from the facility. (b) A patient is considered t…
AS 47.31.020 Decision on eligibility.
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(a) Within 30 days after receiving a complete application, the department shall give notice in writing of an eligibility determination to the patient or the patient's legal representative. If the patient is found ineligible, the notice must contain the reason for the denial and a…
AS 47.31.025 Eligible services; rates.
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The department shall identify the type and level of services for which assistance is available under this chapter. An evaluation facility or a designated treatment facility shall be reimbursed at a rate established by the department that is equivalent to the Medicaid rate for tha…
AS 47.31.030 Payment.
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If the department determines that a patient is eligible for assistance under this chapter, the department shall provide for payment of assistance directly to the facility. By endorsing the check received from the department or authorizing the endorsement by the facility's agent, …
AS 47.31.032 Access to records and information by the department.
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The department is authorized to review, obtain, and copy confidential and other records and information about the patients who were eligible for or were provided financial assistance under this chapter to evaluate compliance with this chapter. The department may obtain the record…
AS 47.31.035 Appeals.
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(a) A patient or the patient's legal representative may appeal a denial of assistance by sending written notice of objection to the department within 30 days after the date of the notice of denial. The written notice of objection must include an explanation of the reasons for the…
AS 47.31.090 Regulations.
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The department shall, after consultation with the Alaska Mental Health Trust Authority, adopt regulations to interpret or implement this chapter.
AS 47.31.100 Definitions.
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In this chapter, unless the context otherwise requires, (1) “commissioner” means the commissioner of family and community services; (2) “department” means the Department of Family and Community Services (3) “designated treatment facility” has the meaning given in AS 47.30.915; (4…