Committee adopts substitute for HB52 to increase inspections and reporting for minors in psychiatric hospitals

Representative Maxine Deibert (Divert) returned to the committee on April 20 with a draft committee substitute to revise oversight of psychiatric hospitals that provide care to minors. After discussion, the committee adopted the CS by voice vote and set a timetable for amendments.

Major changes in the CS included: requiring at least two unannounced inspections annually of psychiatric hospitals that treat minors; permitting an inspector to request staff presence for safety during inspections; defining “chemical restraint” consistent with Alaska statute; requiring facilities to notify the Department of Health and the parent or guardian within 72 hours after initiation of a physical or chemical restraint on a minor patient; changing the effective date to July 1, 2026; and creating reporting provisions for incidents to inform an annual public report.

Representative Grama moved to adopt the draft committee substitute. The motion was objected to for the purpose of discussion; after questions and clarifications from sponsor staff and Department of Health representatives, Chair Mina removed the objection and the CS was adopted without a roll call vote. Chair Mina announced an amendment deadline for HB52 (and HB151) for April 23 at 12:00 p.m., filed by Representative Galvin.

Committee members sought clarifications on several points: Representative Grama and others asked why the CS explicitly adds wording limiting use of medication “not required to treat a medical symptom,” and whether that language might create a loophole; sponsor staff and legal counsel said the committees sought to balance reporting and clinical discretion and would consult legislative legal for precise drafting. Representatives asked about the basis for a 72‑hour reporting window; Department of Health operations manager Bobby Nadeau said the division currently receives restraint reports for similar facilities and would triage and, if warranted, conduct unannounced inspections. Members also discussed the CS’s minimum “at least one hour per week” cumulative parent/guardian contact requirement and whether that floor should be higher or lower; sponsor staff said the number was intended as a floor to ensure a baseline level of contact.

Sponsor offices and Department of Health staff cited prior reviews and a 2022 U.S. Department of Justice remedial plan as background for increased transparency and oversight.

The committee adopted the CS and set the amendment deadline; the measure will move forward for further work and possible amendment.