NOTICE OF PROPOSED CHANGES ON SUBACUTE MENTAL HEALTH FACILITY LICENSING IN THE REGULATIONS OF THE DEPARTMENT OF HEALTH.
| BRIEF DESCRIPTION The Department of Health proposes to change regulations on subacute mental health facility licensing. |
The Department of Health proposes to adopt regulation changes in Title 7 of the Alaska Administrative Code, dealing with subacute mental health facility licensing. The proposed changes are related to HB 172, and include the following:***
***Please Note: Details related to HB 172: Short Title: Mental Health Facilities; Meds; Patients; Title: "An Act relating to crisis stabilization centers, crisis residential centers, and subacute mental health facilities; relating to evaluation facilities; relating to representation by an attorney; relating to the administration of psychotropic medication in a crisis situation; relating to the use of psychotropic medication; relating to licensed facilities; relating to psychiatric patient rights; amending Rule 6(a), Alaska Rules of Civil Procedure; and providing for an effective date” (HB 172; 32nd Legislature). HB 172 was signed into law. The related details may be accessed on the Alaska State Legislature’s website at
https://www.akleg.gov/basis/Bill/Detail/32?Root=HB%20172 ; the PDF version of HB 172 may be accessed at https://www.akleg.gov/PDF/32/Bills/HB0172Z.PDF .***
- 7 AAC 12. Facilities and Local Units, is proposed to be amended as follows:
- 7 AAC 12.215. Psychiatric hospitals. Amend to allow designated psychiatric hospitals to admit and discharge patients in accordance with AS 47.30.
- Add (1) a new article titled Subacute mental health facilities; and (2) new sections that establish requirements for an entity to be licensed and operate as a subacute mental health facility and provide crisis stabilization or crisis residential services.
- The proposed new sections include the following:
- Scope;
- Organizational structure;
- Licensure, compliance, and enforcement;
- Environmental requirements;
- Infection control;
- Dietary;
- Staffing;
- Admission, transfer, discharge requirements;
- Required services;
- Treatment services;
- Seclusion and restraints;
- Patient rights;
- Medical record service;
- Risk management; and
- Definitions.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Ms. Susan Miller Dunkin by electronic mail at susan.dunkin@alaska.gov or mail at the Department of Health, Division of Health Care Services, 4601 Business Park Blvd., Bldg. K, Attention: Susan Miller Dunkin, Anchorage, AK 99503. The comments must be received not later than 5 p.m. on September 25, 2024.
You may provide oral comments relevant to the proposed action via telephone at the hearing to be held on September 12, 2024, via Zoom. You may join the online Zoom meeting at
https://us02web.zoom.us/j/88507513680?pwd=hmbjTmFQSPQyHY6B9FjObCb2swzuRI.1 or by calling the telephone number 1-833-928-4608 (toll free), using the meeting ID 885 0751 3680, and passcode 560251. There will not be in-person attendance provided at the hearing site, so please prepare to share your oral comments by telephone only. The hearing is scheduled from 9:00 a.m. to 10:00 a.m.,
and priority will be given to commenters on the line before the beginning of the hearing. The hearing may be extended to accommodate those on the line before 9:30 a.m., who did not have an opportunity to comment. Before the start of the hearing, Department of Health may limit the time allotted for each person providing oral testimony, as reasonably necessary to conclude the hearing in the time provided.
You may submit written questions relevant to the proposed action to Ms. Susan Miller Dunkin by electronic mail at susan.dunkin@alaska.gov or mail at the Department of Health, Division of Health Care Services, 4601 Business Park Blvd., Bldg. K, Attention: Susan Miller Dunkin, Anchorage, AK 99503. The questions must be received at least 10 days before the end of the public comment period. The Department of Health will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System.
If you are a person with a disability who needs a special accommodation to participate in this process, please contact Ms. Susan Miller Dunkin at susan.dunkin@alaska.gov or at (907) 310-2769
not later than September 5, 2024, to ensure that any necessary accommodations can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Ms. Susan Miller Dunkin at susan.dunkin@alaska.gov or by telephone at (907) 310-2769.
After the public comment period ends, the Department of Health will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.
Statutory authority: AS 47.30.912; AS 47.32.010; AS 47.32.900.
Statutes being implemented, interpreted, or made specific: AS 47.30.700; AS 47.30.705; AS 47.30.707; AS 47.30.708; AS 47.30.709; AS 47.30.725; AS 47.30.825; AS 47.30.833; AS 47.30.838; AS 47.30.839; AS 47.32.010; AS 47.32.020; AS 47.32.030; AS 47.32.040; AS 47.32.050; AS 47.32.060; AS 47.32.070; AS 47.32.090; AS 47.32.110; AS 47.32.900.
Fiscal information (in thousands of dollars): The proposed regulation changes are not expected to require an increased appropriation.
The Department of Health, Division of Health Care Services, keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all the Department of Health, Division of Health Care Services, notices of proposed regulation changes. To be added to or removed from the list, send a request to the Department of Health, Division of Health Care Services at susan.dunkin@alaska.gov , giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.
Individuals can also signup to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.
DATE: August 2, 2024.
/s/Heidi Hedberg
Commissioner,
Department of Health
State of Alaska.