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Sec. 47.30.817. Advance health care directives.

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 institution,” and “health care provider” have the meanings given in AS 13.52.390.

Sec. 47.30.825. Patient medical rights.

(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 participate in the evaluation process as much as possible, at […]

Sec. 47.30.830. Prohibition of experimental treatments.

(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 applied to a particular patient or would involve a significant risk of […]

Sec. 47.30.833. Nutritional evaluation; right to proper diet.

(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 patient is admitted or committed. (b) Notwithstanding (a) of this section, a […]

Sec. 47.30.835. Civil rights not impaired.

(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 relationships, and vote. A person who […]

Sec. 47.30.836. Psychotropic medication in non-crisis situation.

(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 described in AS 47.30.837, and gives that consent; the facility shall document […]

Sec. 47.30.837. Informed consent.

(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 evaluation facility or designated treatment facility shall give the […]

Sec. 47.30.838. Psychotropic medication in crisis situations.

(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 if (1) there is a crisis situation, or an impending crisis situation, that […]

Sec. 47.30.839. Court-ordered administration of medication.

(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 47.30.838(a)(1) and the facility wishes to use psychotropic medication in future […]

Sec. 47.30.840. Right to privacy and personal possessions; other rights.

(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 administrative purposes of the facility; all photographs shall be […]

Sec. 47.30.845. Confidential records.

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. Information and records may be copied and disclosed under regulations established by the department only to […]

Sec. 47.30.847. Patients’ grievance procedures.

(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 procedure for patient grievances brought under (a) of this section. The facility shall […]

Sec. 47.30.850. Sealing records.

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 claims of whatever nature arising […]

Sec. 47.30.851. Relief from legal disability.

(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 disability resulting from an involuntary commitment or an […]

Sec. 47.30.855. Posting of rights.

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.

Sec. 47.30.860. Documents and notices in other languages.

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.

Sec. 47.30.865. Discrimination prohibited.

(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 retaining housing; (4) obtaining or retaining licenses or permits, including but not limited to a motor […]