House Bill (HB) 172 increased access to behavioral health crisis services in less restrictive settings by adding an intermediate, sub-acute level of care, which allows individuals in behavioral health crisis to divert from institutional settings. It also allows examinations under a notice of emergency detention and evaluations for civil commitment to occur in sub-acute mental health facilities, when appropriate.

To ensure protection of psychiatric patient rights, the passage of HB 172 required the Department of Health (DOH), the Department of Family and Community Services (DFCS), and the Alaska Mental Health Trust Authority (the Trust) to submit a joint report to the Alaska Legislature within one year from the effective dates of sections 1-37 and 39. Section 36 of HB 172 detailed report requirements, including:

•An assessment of current state, federal and accrediting body requirements for psychiatric patient rights, including the adequacy of these policies and procedures and the practical challenges patients face in availing themselves of these rights;
• Recommendations to change state requirements to improve patient outcomes and enhance patient rights, particularly involving involuntary admissions, involuntary medications and the practical ability of patients to avail themselves of their rights;
• An assessment of current processes for data collection and reporting of patient grievances and appeals, patient reports of harm and restraint and the resolution of these matters;
• Recommendations to change current processes related to data collection and making specified data available to the legislature and the public;
• The formation of a diverse stakeholder group inclusive of individuals with lived experience, patient advocates, the Disability Law Center of Alaska, providers of psychiatric services, the Alaska Ombudsman, the Alaska Mental Health Board, the Department of Health, the Department of Family and Community Services and the Alaska Mental Health Trust Authority to inform the draft assessment and recommendations; and,
• A public comment and review period prior to production and transmittal of the final report


HB172 Report and Supplemental Report are attached. 

Public comment is open from 9/15 until 10/6.