Section 47.30.915 - [Effective Until 7/1/2025] DefinitionsIn 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 12.47.100 - 12.47.120; or(C) a danger to self or others, or is gravely disabled because of incapacity, incompetence, mental illness, dementia, or some other cause;(2) "commissioner" means the commissioner of family and community services;(3) "court" means a superior court of the state;(4) "crisis residential center" has the meaning given in AS 47.32.900;(5) "crisis stabilization center" has the meaning given in AS 47.32.900;(6) "department" means the Department of Family and Community Services;(7) "designated treatment facility" or "treatment facility" means a hospital, clinic, institution, center, or other health care facility that has been designated by the department for the treatment or rehabilitation of mentally ill persons under AS 47.30.670 - 47.30.915 but does not include correctional institutions;(8) "disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence" means the prohibition against the possession of a firearm or ammunition under 18 U.S.C. 922 (g)(4) that results from an involuntary commitment or adjudication of mental illness or mental incompetence.(9) "evaluation facility" means a hospital or crisis residential center that has been designated or is operated by the department to perform the evaluations described in AS 47.30.660 - 47.30.915, or a medical facility operated under 25 U.S.C. 5301 - 5423 (Indian Self-Determination and Education Assistance Act), as amended, that performs evaluations;(10) "evaluation personnel" means mental health professionals designated by the department to conduct evaluations as prescribed in AS 47.30.660 - 47.30.915 who conduct evaluations in places in which no staffed evaluation facility exists;(11) "gravely disabled" means a condition in which a person as a result of mental illness(A) is in danger of physical harm arising from such complete neglect of basic needs for food, clothing, shelter, or personal safety as to render serious accident, illness, or death highly probable if care by another is not taken; or(B) is so incapacitated that the person is incapable of surviving safely in freedom;(12) "health officer" means a federally certified health care provider, public health nurse, emergency medical technician, paramedic, firefighter, or a person authorized by the court to carry out AS 47.30.660 - 47.30.915;(13) "inpatient treatment" means care and treatment rendered inside or on the premises of a treatment facility, or a part or unit of a treatment facility, for a continual period of 24 hours or longer;(14) "least restrictive alternative" means mental health treatment facilities and conditions of treatment that(A) are no more harsh, hazardous, or intrusive than necessary to achieve the treatment objectives of the patient; and(B) involve no restrictions on physical movement nor supervised residence or inpatient care except as reasonably necessary for the administration of treatment or the protection of the patient or others from physical injury;(15) "likely to cause serious harm" means a person who(A) poses a substantial risk of bodily harm to that person's self, as manifested by recent behavior causing, attempting, or threatening that harm;(B) poses a substantial risk of harm to others as manifested by recent behavior causing, attempting, or threatening harm, and is likely in the near future to cause physical injury, physical abuse, or substantial property damage to another person; or(C) manifests a current intent to carry out plans of serious harm to that person's self or another;(16) "mental health professional" means a psychiatrist or physician who is licensed by the State Medical Board to practice in this state or is employed by the federal government; a clinical psychologist licensed by the state Board of Psychologist and Psychological Associate Examiners; a psychological associate trained in clinical psychology and licensed by the Board of Psychologist and Psychological Associate Examiners; an advanced practice registered nurse or a registered nurse with a master's degree in psychiatric nursing, licensed by the State Board of Nursing; a marital and family therapist licensed by the Board of Marital and Family Therapy; a professional counselor licensed by the Board of Professional Counselors; a clinical social worker licensed by the Board of Social Work Examiners; and a person who (A) has a master's degree in the field of mental health;(B) has at least 12 months of post-masters working experience in the field of mental illness; and(C) is working under the supervision of a type of licensee listed in this paragraph;(17) "mental illness" means an organic, mental, or emotional impairment that has substantial adverse effects on an individual's ability to exercise conscious control of the individual's actions or ability to perceive reality or to reason or understand; intellectual disability, developmental disability, or both, epilepsy, drug addiction, and alcoholism do not per se constitute mental illness, although persons suffering from these conditions may also be suffering from mental illness;(18) "peace officer" has the meaning given in AS 01.10.060 (a);(19) "persons with mental disorders" has the meaning given in AS 47.30.610;(20) "professional person in charge" means the senior mental health professional at a facility or that person's designee; in the absence of a mental health professional it means the chief of staff or a physician designated by the chief of staff;(21) "provider of outpatient care" means a mental health professional or hospital, clinic, institution, center, or other health care facility designated by the department to accept for treatment patients who are ordered to undergo involuntary outpatient treatment by the court or who are released early from inpatient commitments on condition that they undergo outpatient treatment;(22) "screening investigation" means the investigation and review of facts that have been alleged to warrant emergency examination or treatment, including interviews with the persons making the allegations, any other significant witnesses who can readily be contacted for interviews, and, if possible, the respondent, and an investigation and evaluation of the reliability and credibility of persons providing information or making allegations;(23) "state" means a state of the United States, the District of Columbia, the territories and possessions of the United States, and the Commonwealth of Puerto Rico, and, with the approval of the United States Congress, Canada;(24) "subacute mental health facility" has the meaning given in AS 47.32.900.Amended by AK 2022 Executive Order 121,§§sec.136, sec.137 eff. 7/1/2022.Amended by SLA 2022, ch. 41,§§sec.29, sec.30, sec.31 eff. 10/13/2022.Amended by SLA 2022, ch. 41,sec. 28, eff. 10/13/2022.Amended by SLA 2016, ch. 33,sec. 53, eff. 7/1/2016.Amended by SLA 2014, ch. 73,sec. 6, eff. 10/8/2014.Amended by SLA 2013, ch. 42,sec. 25, eff. 9/1/2013.This section is set out more than once due to postponed, multiple, or conflicting amendments.