Article 1. Organization.
Chapter 29. Department of Health.
Sec. 44.29.010. Commissioner of health.
The principal executive officer of the Department of Health is the commissioner of health.
Sec. 44.29.020. Duties of department.
(a) The Department of Health shall administer state programs, including
(1) maternal and child health services;
(2) preventive medical services;
(3) public health nursing services;
(4) nutrition services;
(5) health education;
(6) laboratories;
(7) mental health treatment and diagnosis, except for mental health treatment and diagnosis under
AS 47.30.660 — 47.30.915;
(8) medical facilities;
(9) adult public assistance;
(10) the Alaska temporary assistance program;
(11) general relief;
(12) a comprehensive smoking education, tobacco use prevention, and tobacco control program; to the maximum extent possible, the department shall administer the program required under this paragraph by grant to or contract with one or more organizations in the state; the department's program must include
(A) a community-based tobacco use prevention and cessation component addressing the needs of youth and adults that includes use of cessation aids such as a nicotine patch or a nicotine gum tobacco substitute;
(B) youth-based efforts that involve youth in the design and implementation of tobacco control efforts;
(C) anti-tobacco counter-marketing targeting both youth and adult populations designed to communicate messages to help prevent youth initiation of tobacco use, promote cessation among tobacco users, and educate the public about the lethal effects of exposure to secondhand smoke;
(D) tobacco use surveys of youth and adult populations concerning knowledge, awareness, attitude, and use of tobacco products; and
(E) an enforcement component;
(13) licensure and regulation of child care facilities;
(14) a comprehensive marijuana use education and treatment program; to the extent possible, the department shall administer the program required under this paragraph by grant to or contract with one or more organizations in the state; the department's program must include
(A) a community-based marijuana misuse prevention component; the community-based component must provide for a youth services grant program to
(i) reduce initiation and promote cessation of marijuana use by youth, reduce youth access to marijuana products, and reduce exposure of youth to impaired driving dangers related to marijuana use;
(ii) provide recreational, educational, and character-building programs for youth outside school hours; and
(iii) address marijuana use prevention through outcome-based curricula, adult and peer mentoring, and opportunities for positive, prosocial leisure and recreational activities;
(B) marijuana public education designed to communicate messages to help prevent youth initiation of marijuana use, educate the public about the effects of marijuana use, and educate the public about marijuana laws;
(C) surveys of
(i) youth and adult populations concerning knowledge, awareness, attitude, and use of marijuana products;
(ii) the need for trained professionals working in organizations described in this paragraph;
(D) the development of plans to address the need for trained professionals and to assist in implementing a training program for those professionals;
(E) monitoring of population health status related to the consequences of marijuana use; and
(F) substance abuse screening, brief intervention, and referral to treatment.
(b) The Department of Health shall comply with
AS 15.07.055 to serve as a voter registration agency to the extent required by state and federal law, including 42 U.S.C. 1973gg (National Voter Registration Act of 1993).
(c) The Department of Health shall cooperate with the Department of Public Safety in enforcement of the prohibition on the possession, offer, display, marketing, advertising, or sale of illicit synthetic drugs under
AS 17.21.
(d) The Department of Health shall establish standards that comply with federal law for the registration, use, and inspection of dental radiological equipment, including standards for record keeping relating to the control panels and the use of the equipment. In this subsection, “dental radiological equipment” means equipment for use in the practice of dentistry, consisting of a control panel and associated tube heads, if the equipment emits electronic product radiation, as defined in
AS 18.60.545, or uses radionuclides, as defined in
AS 18.60.545.
Sec. 44.29.022. Fees for department services.
(a) The commissioner of health may establish by regulation a schedule of reasonable fees for services provided by the Department of Health under
AS 44.29.020(a)(1) — (7) and (12), for services provided under
AS 47.80.100 — 47.80.170, and for the administration of public health programs under
AS 18. The fee established for a service may not exceed the actual cost of providing the service. The commissioner may define or establish the “actual cost of providing a service” by regulation. The Department of Health shall charge and collect the fees established under this subsection. The department may waive collection of a fee upon a finding that collection is not economically feasible or in the public interest.
(b) The commissioner of health may establish by regulation and the department may charge reasonable fees for department publications and research data to cover the cost of reproduction, printing, mailing, and distribution.
(c) [Repealed, § 28 ch 90 SLA 1991.]
(d) A regulation that establishes a fee for services under
AS 44.29.020(a)(7) that are part of the integrated comprehensive mental health program under
AS 44.25.200 — 44.25.295,
AS 44.29.800 — 44.29.890, and
AS 47.30 may be adopted under this section after consultation with the Alaska Mental Health Trust Authority.
(e) The commissioner of health shall consult with stakeholders regarding the reasonableness of fees when developing a schedule of reasonable fees under (a) of this section for services under
AS 44.29.020(a)(12) or programs under
AS 18 for which there is no regulation in effect establishing a schedule of reasonable fees. The consultation must include at least one public meeting and must occur before the commissioner provides notice of proposed action under
AS 44.62.190. The commissioner shall provide notice of the public meeting at least 30 days before the meeting in the same manner as required under
AS 44.62.190(a) for a notice of proposed action.
Sec. 44.29.024. Fees for services of contractors or grantees.
(a) The commissioner of health may establish by regulation a schedule of reasonable fees for services provided by a contractor or grantee of the Department of Health under
AS 18 or
AS 47. The fee established for a service may not exceed the actual cost of providing the service. The commissioner may define or establish the “actual cost of providing a service” by regulation.
(b) The Department of Health may require the recipient of a grant or a contractor under a grant to charge the fees established under (a) of this section for services provided by the recipient or contractor and to use the fees collected for the program providing the services.
(c) A regulation that establishes a schedule of reasonable fees for services provided by a contractor or grantee that are part of the integrated comprehensive mental health program established under
AS 44.25.200 — 44.25.295,
AS 44.29.800 — 44.29.890, and
AS 47.30 may be adopted under this section after consultation with the Alaska Mental Health Trust Authority.
Sec. 44.29.027. Dental radiological equipment
Secs. 44.29.030 — 44.29.090. Advisory Board on Alcoholism. [Repealed, § 2 ch 207 SLA 1972.]
Article 2. Citations Concerning Tobacco Products.
Sec. 44.29.092. Citation for certain offenses concerning tobacco, products containing nicotine, or electronic smoking products.
A peace officer or an agent or employee of the Department of Health who is authorized by the commissioner of health to enforce this section may issue a citation for a violation of
AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 if there is probable cause to believe a person has violated
AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109.
Sec. 44.29.094. Procedure and form of citation.
(a) A citation issued under
AS 44.29.092 must comply with the standards adopted under
AS 12.25.175 and 12.25.200 and must contain a notice to appear in court. A person receiving the citation is not required to sign the notice.
(b) The time specified in the notice to appear in court on the citation shall be at least five working days after the issuance of the citation.
(c) The department is responsible for issuing to its agents or employees books containing the appropriate form of citations and shall maintain a record of each book issued and each form contained in the book. The department shall require and retain a receipt for each book issued under this subsection to an agent or employee of the department.
(d) The original or a copy of the form of citation shall be deposited with a court having jurisdiction over the alleged offense. Upon deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. A citation, copies of a citation, or the record of issuance may not be disposed of except as required under this subsection and (e) of this section.
(e) The department shall require the return of a copy of each citation issued by an agent or employee of the department and all copies of the citation that have been spoiled or upon which an entry has been made and not issued to an alleged violator. The department shall also maintain, in connection with each citation issued by an agent or employee, a record of the disposition of the charge by the court where the original copy of the citation is deposited.
(f) A citation issued under
AS 44.29.092 is considered to be a lawful complaint for the purpose of prosecution.
(g) The department shall notify the person who holds the business license endorsement required by
AS 43.70.075(a) that the person's agent or employee has received a citation for a violation of
AS 11.76.100, 11.76.106, or 11.76.107. The department may make the notification by delivering a copy of the citation or another document that includes the essential facts constituting the violation charged. The department shall accomplish the delivery by
(1) hand delivery of the citation or other document to a person who confirms that the person serves in a management or supervisory position at the location, or outlet in a location, where the alleged violation occurred; or
(2) mailing the citation or other document by first class mail to the person who holds the business license endorsement; the department shall use the person's most current address that the Department of Commerce, Community, and Economic Development has on file for the person's business license endorsement under
AS 43.70.075; the citation or other document shall be postmarked within five business days after the citation is issued.
(h) In this section, “department” means the Department of Health.
Article 3. Advisory Board on Alcoholism and Drug Abuse.
Sec. 44.29.100. Advisory board on alcoholism and drug abuse.
There is established in the Department of Health an advisory board on alcoholism and drug abuse.
Sec. 44.29.110. Composition.
The board consists of 15 members, 14 of whom are public members appointed by the governor, and the 15th who is the commissioner of health ex officio.
Sec. 44.29.115. Qualifications of board members.
The governor shall appoint the 14 public members so that the board consists of the following public members:
(1) one member who is licensed to practice medicine in the state;
(2) one member who is admitted to practice law in the state;
(3) four members who are chronic alcoholics with psychoses who are recovering;
(4) three members who are substance abuse treatment professionals who represent public and private providers of substance abuse prevention and treatment services; and
(5) five members who have shown an interest in the problems of alcoholism or drug abuse and who have knowledge of the social problems associated with alcoholism or drug abuse.
Sec. 44.29.120. Term of office.
(a) The governor shall appoint the public members of the board for staggered terms of four years.
(b) The governor shall fill a vacancy of a public member on the board by appointment for the unexpired part of the vacated term.
(c) Public members of the board serve at the pleasure of the governor. The governor shall replace a public member who by poor attendance or lack of contribution to the board's work demonstrates ineffectiveness as a board member. In this subsection, “poor attendance” means the failure to attend three or more consecutive meetings.
Sec. 44.29.130. Compensation, per diem, and expenses.
The public members of the board are not entitled to a salary, but are entitled to per diem, reimbursement for travel, and other expenses authorized by law for other boards.
Sec. 44.29.135. Officers and staff.
(a) The board, by a majority of its membership, shall annually elect a presiding officer and other officers it considers necessary from among its membership.
(b) The board shall have a paid staff provided by the department, including an executive director who shall be selected by the board. The executive director is in the partially exempt service and may hire additional employees in the classified service of the state. The department shall provide for the assignment of personnel to the board to ensure the board has the capacity to fulfill its responsibilities. The executive director of the board shall be directly responsible to the board in the performance of the director's duty.
Sec. 44.29.140. Duties.
(a) The board shall
(1) act in an advisory capacity to the legislature, the governor, and state agencies in the following matters:
(A) special problems affecting mental health that alcoholism or drug abuse may present;
(B) educational research and public informational activities in respect to the problems presented by alcoholism or drug abuse;
(C) social problems that affect rehabilitation of alcoholics and drug abusers;
(D) legal processes that affect the treatment and rehabilitation of alcoholics and drug abusers;
(E) development of programs of prevention, treatment, and rehabilitation for alcoholics and drug abusers; and
(F) evaluation of effectiveness of alcoholism and drug abuse programs in the state;
(2) provide to the Alaska Mental Health Trust Authority for its review and consideration recommendations concerning the integrated comprehensive mental health program for the people who are described in
AS 44.25.290(b)(3), and concerning the use of money in the mental health trust settlement income account in a manner consistent with regulations adopted under
AS 44.25.240.
(b) The board is the planning and coordinating body for purposes of federal and state laws relating to alcohol, drug, and other substance abuse prevention and treatment services.
(c) The board shall prepare and maintain a comprehensive plan of services
(1) for the prevention and treatment of alcohol, drug, and other substance abuse; and
(2) for persons described in
AS 44.25.290(b)(3).
Sec. 44.29.150. Drug abuse program coordinator. [Repealed, E.O. No. 71, § 23 (1988).]
Sec. 44.29.200. Definition.
In
AS 44.29.100 — 44.29.200, “board” means the Advisory Board on Alcoholism and Drug Abuse.
Article 4. Alcoholism and Drug Abuse Revolving Loan Fund.
Sec. 44.29.210. Creation of an alcoholism and drug abuse revolving loan fund.
(a) There is created in the department an alcoholism and drug abuse revolving loan fund as required under 42 U.S.C. 300x-25 to qualify the state to receive block grant money from the United States Department of Health and Human Services under 42 U.S.C. 300x-21.
(b) The fund consists of money appropriated to it, payments of principal on loans made from it, and money chargeable to principal that is collected through liquidation by foreclosure or other process on loans made from it.
(c) Money in the fund may be used as required under 42 U.S.C. 300x-25 to make loans to private nonprofit organizations for the cost of establishing programs to help pay the living expenses of individuals recovering from alcohol or drug abuse who may reside in groups.
Sec. 44.29.215. Special account established.
(a) There is established as a special account within the alcoholism and drug abuse revolving loan fund the foreclosure expense account. This account is established as a reserve from fund equity.
(b) The department may expend money credited to the foreclosure expense account when necessary to protect the department's security interest in collateral on loans made under
AS 44.29.210 or to defray expenses incurred during foreclosure proceedings after a default by an obligor.
Sec. 44.29.220. Administration of loan program.
(a) The department may
(1) adopt regulations necessary to carry out its functions under
AS 44.29.210 — 44.29.230 and to administer the program required under 42 U.S.C. 300x-4(a), including regulations to establish reasonable fees for services provided, procedures for foreclosure proceedings, and procedures for collecting delinquent accounts;
(2) establish amortization plans for the repayment of loans;
(3) charge and collect the fees established under this subsection; and
(4) contract for the servicing of loans made under
AS 44.29.210.
(b) [Repealed, § 28 ch 90 SLA 1991.]
Sec. 44.29.225. Disposal of property acquired by default or foreclosure.
The department shall dispose of property acquired through default or foreclosure on a loan made under
AS 44.29.210. Disposal shall be made in a manner that serves the best interests of the state and may include the amortization of payments over a period of years.
Sec. 44.29.230. Definition.
In
AS 44.29.210 — 44.29.230, “department” means the Department of Health.
Article 5. Statewide Suicide Prevention Council.
Sec. 44.29.300. Council established.
(a) There is established in the Department of Health the Statewide Suicide Prevention Council, consisting of 17 members, as follows:
(1) two members of the senate, appointed by the president of the senate, one of whom shall be a member of the majority and one of whom shall be a member of the minority;
(2) two members of the house of representatives, appointed by the speaker of the house of representatives, one of whom shall be a member of the majority and one of whom shall be a member of the minority;
(3) 13 members appointed by the governor, as follows:
(A) two persons who are employed in the executive branch of state government, one of whom shall represent the Department of Health and one of whom shall represent the Department of Education and Early Development;
(B) one member of the Advisory Board on Alcoholism and Drug Abuse;
(C) one member of the Alaska Mental Health Board;
(D) one person recommended by the Alaska Federation of Natives, Inc.;
(E) one person who is an employee of a secondary school;
(F) one person who is active in a youth organization;
(G) one person who has experienced the death by suicide of a member of the person's family;
(H) one person who resides in a rural community in the state that is not connected by road or the Alaska marine highway to the main road system of the state;
(I) one person who is a member of the clergy;
(J) one person who, when appointed, is at least 16 years of age but not more than 24 years of age;
(K) one person who is discharged from, retired from, or engaged in active duty military service in the armed forces of the United States, including the United States Coast Guard, the Army National Guard, the Air National Guard, or a reserve unit of the armed forces of the United States, or who is a mental health provider, social worker, or other person actively providing a health care service to discharged, retired, or active military personnel; and
(L) one public member.
(b) Members of the council appointed under (a)(1) and (2) of this section are nonvoting members.
Sec. 44.29.310. Term of office.
(a) The governor shall appoint the members of the council under
AS 44.29.300(a)(3)(D) — (L) for staggered terms of four years.
(b) The governor shall fill a vacancy of a member on the council appointed under
AS 44.29.300(a)(3)(D) — (L) by appointment for the unexpired part of the vacated term.
(c) Members of the council serve at the pleasure of the governor. The governor shall replace a member who, by poor attendance or lack of contribution to the council's work, demonstrates ineffectiveness as a member. In this subsection, “poor attendance” means the failure to attend three or more consecutive meetings.
Sec. 44.29.320. Compensation, per diem, and expenses.
The members of the council who are not state employees are not entitled to compensation for service on the council, but are entitled to per diem and travel expenses authorized for boards and commissions under
AS 39.20.180.
Sec. 44.29.330. Officers and staff.
(a) The council, by a majority of its voting membership, shall annually elect a presiding officer and other officers it considers necessary from among its membership.
(b) The council may employ a coordinator to assist the council. The coordinator is in the partially exempt service. The coordinator shall be directly responsible to the council in the performance of the coordinator's duties. The council shall annually review the performance of the coordinator.
(c) The council may appoint an advisory panel to provide further advice on suicide prevention. The advisory panel serves at the pleasure of the council. Members of the advisory panel are not entitled to compensation, per diem, or reimbursement of travel expenses.
Sec. 44.29.340. Meetings; quorum.
(a) The council may meet and vote, by teleconference or otherwise, as often as considered necessary by the presiding officer of the council.
(b) Seven voting members of the council participating in a meeting in person or by teleconference constitute a quorum for the transaction of business and the exercise of the powers and duties of the council.
Sec. 44.29.350. Duties.
The council shall serve in an advisory capacity to the legislature and the governor with respect to what actions can and should be taken to
(1) improve health and wellness throughout the state by reducing suicide and its effect on individuals, families, and communities;
(2) broaden the public's awareness of suicide and the risk factors related to suicide;
(3) enhance suicide prevention services and programs throughout the state;
(4) develop healthy communities through comprehensive, collaborative, community-based, and faith-based approaches;
(5) develop and implement a statewide suicide prevention plan;
(6) strengthen existing and build new partnerships between public and private entities that will advance suicide prevention efforts in the state.
Sec. 44.29.360. Annual report.
The council shall annually report its findings and recommendations in a report to the governor, the president of the senate, and the speaker of the house of representatives by March 1 of each year.
Sec. 44.29.390. Definition.
In
AS 44.29.300 — 44.29.390, “council” means the Statewide Suicide Prevention Council established under
AS 44.29.300.
Sec. 44.29.400. State veterans' home facilities. [Repealed, § 25(a) ch 59 SLA 2004.]
Article 6. Governor's Council on Disabilities and Special Education.
Sec. 44.29.600. Governor's council on disabilities and special education.
There is established the Governor's Council on Disabilities and Special Education. For budgetary purposes, the council is located within the Department of Health but is the interdepartmental planning and coordinating agency of the Department of Health, the Department of Education and Early Development, and other departments that deliver services to persons who are experiencing a disability. In addition, except as provided in
AS 44.29.700 — 44.29.730, the council is the state planning council and interagency coordinating council for purposes of federal laws relating to persons who are experiencing a disability.
Sec. 44.29.610. Composition.
(a) The council consists of no fewer than 18 nor more than 26 members appointed by the governor in a manner that satisfies the requirements for a state interagency coordinating council under 20 U.S.C. 1482 and a state planning council under 42 U.S.C. 6024.
(b) In the appointment of all members other than state agency members, due regard shall be given to geographically balanced representation of areas of the state and to representation of persons with a variety of different mental and physical disabilities.
Sec. 44.29.620. Term of office.
(a) Council members serve staggered terms of three years.
(b) A vacancy occurring in the membership of the council shall be filled by appointment of the governor for the unexpired portion of the vacated term.
(c) Council members serve at the pleasure of the governor, notwithstanding their terms of office.
(d) It is the legislative intent that the governor replace any member who, by poor attendance or lack of contribution to the council's work, demonstrates ineffectiveness as a council member.
Sec. 44.29.630. Compensation, per diem, and expenses.
Members of the council receive no salary but are entitled to per diem and reimbursement for travel and other expenses authorized by law for other boards.
Sec. 44.29.640. Officers and staff.
(a) The council, by a majority of its membership, shall elect a chairman and other officers it considers necessary from among its membership, to serve on a yearly basis. of the council receive no salary but are entitled to per diem and reimbursement for travel and other expenses authorized by law for other boards.
(b) The council shall have a paid staff provided by the department, including an executive director selected by the council. The executive director is in the partially exempt service and may hire additional employees in the classified service of the state. The department shall provide for the assignment of personnel to the council to ensure that the council has the capacity to fulfill its responsibilities. The personnel shall be directly responsible to the council for performance of their duties.
Sec. 44.29.650. Bylaws.
The council, on approval of a majority of its membership, shall adopt and amend bylaws governing its composition, proceedings and other activities consistent with
AS 44.29.600 — 44.29.670 and including, but not limited to, provisions concerning a quorum to transact council business and other aspects of procedure, frequency and location of meetings, and establishment, functions and membership of council committees.
Sec. 44.29.660. Responsibilities.
The council shall:
(1) serve as a forum by which issues and benefits regarding current and potential services to disabled persons may be discussed by consumer, public, private, professional, and lay interests;
(2) advocate the needs of disabled persons before the executive and legislative branches of the state government and before the public;
(3) advise the executive and legislative branches of the state government and the private sector on programs and policies pertaining to current and potential services to disabled persons and their families;
(4) submit periodic reports to the commissioner of health, the commissioner of education and early development, and to other appropriate departments, on the effects of current federal and state programs regarding services to disabled persons; these reports must include program performance reports to the governor, the federal government, and state agencies as required under 20 U.S.C. 1482 and 42 U.S.C. 15025;
(5) in conjunction with the Department of Health and the Department of Education and Early Development, develop, prepare, adopt, periodically review, and revise as necessary an annual state plan prescribing programs that meet the needs of persons with developmental disabilities as required under 42 U.S.C. 15024;
(6) review and comment to commissioners of state departments on all state plans and proposed regulations relating to programs for persons who are experiencing disabilities before the adoption of a plan or regulation; for this purpose, the appropriate departments shall submit the plans and proposed regulations to the council;
(7) recommend the priorities and specifications for the use of funds received by the state under 20 U.S.C. 1471 — 1482 and 42 U.S.C. 15001 — 15083;
(8) submit annually to the commissioner of health, the commissioner of education and early development, and the commissioner of commerce, community, and economic development a proposed interdepartmental program budget for services to disabled persons that includes, insofar as possible, projected revenues and expenditures for programs implemented by state agencies, local governmental agencies, and private organizations; the interdepartmental program budget is an informational supplement to the regular annual budgetary submissions of the departments to the Office of the Governor;
(9) provide information and guidance for the development of appropriate special educational programs and services for a child with a disability as defined in
AS 14.30.350;
(10) monitor and evaluate budgets or other implementation plans and programs for disabled persons to assure nonduplication of services and encourage efficient and coordinated use of federal, state, and private resources in the provision of services; members of the council, with the approval of the council, have access to information in the possession of state agencies subject to disclosure restrictions imposed by state or federal confidentiality or privacy laws;
(11) perform other duties required under applicable federal laws or
AS 14.30.231 and as the governor may assign;
(12) govern the special education service agency and may hire personnel necessary to operate the agency; and
(13) provide to the Alaska Mental Health Trust Authority for its review and consideration recommendations concerning the integrated comprehensive mental health program for the people of the state who are described in
AS 44.25.290(b)(2) and the use of the money in the mental health trust settlement income account in a manner consistent with regulations adopted under
AS 44.25.240.
Sec. 44.29.670. Legislative findings related to persons with disabilities; policy.
(a) The legislature finds that:
(1) self-direction and autonomy enhance quality of life, support independence, build self-confidence, and generate skills that help people protect themselves from abuse;
(2) the people of the state share a vision of a flexible system of support for persons with physical and mental disabilities that allows persons with physical and mental disabilities to participate actively, with assistance based on each person's strengths and abilities, in managing their own support services so that all persons with physical and mental disabilities can achieve a meaningful life in their homes, jobs, and communities; and
(3) as a part of this vision, professional staff and support services should be made available to families of persons with physical and mental disabilities throughout the state now and into the future.
(b) It is the policy of the state that the department and the legislature consider the vision of support services described in (a) of this section when determining the need for new and existing services for persons with physical and mental disabilities and establishing priorities among those needs. It is also the policy of the state to encourage and enable persons with physical and mental disabilities to participate fully in the social and economic life of the state.
(c) Nothing in this section
(1) creates a right;
(2) supersedes another law relating to eligibility for programs for persons with physical or mental disabilities; or
(3) authorizes the department to apply for a waiver under 42 U.S.C. 1396n(j) to provide medical assistance payments for self-directed personal assistance services.
Article 7. Statewide Independent Living Council.
Sec. 44.29.700. Statewide independent living council.
There is established the Statewide Independent Living Council. For budgetary purposes, the council is located in the Department of Health. The department shall provide reasonable and necessary professional and technical assistance when requested by the council.
Sec. 44.29.710. Composition; terms; compensation.
(a) The governor shall appoint members to the council who meet the applicable requirements of 29 U.S.C. 796d after soliciting personal applications and after soliciting recommendations from the public, from organizations representing a broad range of individuals experiencing disabilities, and from organizations interested in individuals experiencing disabilities. The council shall select a chairperson from among its voting members.
(b) The members shall be appointed to staggered terms of three years, except that a person appointed to fill a vacancy shall be appointed for the remaining years of the prior member's term. A member may not serve more than two consecutive full terms. Notwithstanding their terms of office, the members serve at the pleasure of the governor.
(c) Members of the council who are not state employees are entitled to per diem and travel expenses as authorized for members of boards and commissions under
AS 39.20.180. In addition, if required by federal law, a member is entitled to
(1) reimbursement of the necessary expenses of attending council meetings and performing council duties, including expenses for child care and personal assistance services;
(2) compensation of up to $150 for each day of performing council duties and each day spent traveling to attend a council meeting if the member is not employed or must forfeit wages from other employment in order to perform council duties or travel to a council meeting.
Sec. 44.29.720. Powers and duties.
(a) The council shall perform the duties set out in 29 U.S.C. 796d in a manner that will maximize the state's receipt of federal financial assistance for independent living services and centers of independent living for residents with severe disabilities, including the following duties:
(1) joint development of the state plan required under 29 U.S.C. 796c and evaluation of the implementation of the plan;
(2) development of a plan for the provision of resources, including staff and personnel, that may be necessary to carry out the council's functions with funds from the federal government and other public and private sources; and
(3) coordination of the council's activities with other state agencies that address the needs of specific disability populations and issues under federal law.
(b) The council may
(1) hold hearings and forums as determined by the council to be necessary to carry out its duties;
(2) solicit and accept money or other resources on behalf of the state from any public or private source.
Sec. 44.29.730. Definition.
In
AS 44.29.700 — 44.29.730, “council” means the Statewide Independent Living Council established under
AS 44.29.700.
Article 8. Alaska Commission on Aging.
Sec. 44.29.750. Alaska Commission on Aging.
(a) The Alaska Commission on Aging is established in the Department of Health. The members of the commission include
(1) the commissioner of health or the commissioner's designee;
(2) the commissioner of commerce, community, and economic development or the commissioner's designee;
(3) a senior services provider, regardless of age, appointed by the governor;
(4) the chair of the Alaska Pioneers' Homes Advisory Board under
AS 44.30.100; and
(5) seven persons selected on the basis of their knowledge and demonstrated interest in the concerns of older Alaskans, appointed by the governor in accordance with (b) of this section.
(b) After requesting from senior citizens' organizations the names of persons who are qualified for and interested in serving on the commission, the governor shall appoint the members of the commission under (a)(5) of this section. Appointments shall be made by the governor to assure representation of low-income persons and minorities, and representation from rural and urban areas of the state, and to secure statewide geographical representation on the commission. At least six of the persons appointed by the governor shall be 60 years of age or older. At least two of these persons shall be 65 years of age or older. Each member appointed by the governor shall be a resident of the state.
(c) The persons appointed under (a)(3) and (a)(5) of this section serve overlapping four-year terms, and serve at the pleasure of the governor. A member may be reappointed, but a member appointed under (a)(3) or (a)(5) of this section may not serve more than two consecutive terms or eight consecutive years, whichever is longer.
(d) If a person appointed under (a)(3) or (a)(5) of this section fails to attend three consecutive meetings of the commission, a majority of the members of the commission may request the governor to terminate the membership of the member and to fill the vacancy.
(e) A vacancy in the membership of persons appointed under (a)(3) and (a)(5) of this section shall be filled by appointment by the governor. The person appointed serves for the unexpired portion of the term.
Sec. 44.29.760. Meetings and officers.
(a) The commission shall meet at the call of the chair, at the request of a majority of the members, or at a regularly scheduled time as determined by a majority of the members. The commission shall meet at least four times each year.
(b) A majority of the members of the commission constitutes a quorum for conducting business and exercising the powers of the commission.
(c) The commission shall elect one of its members as chairperson, and may select other officers it considers necessary.
Sec. 44.29.770. Compensation.
Members of the commission receive no compensation for their services, but are entitled to per diem and travel allowances authorized by law for other boards and commissions under
AS 39.20.180.
Sec. 44.29.780. Executive director.
The executive director of the commission shall formulate and submit to the department a comprehensive statewide plan that identifies the concerns and needs of older Alaskans and present that plan to the commission.
Sec. 44.29.790. Powers, duties, and limitations.
(a) The commission shall
(1) subject to review by the department, approve a comprehensive statewide plan that identifies and addresses the concerns and needs of older Alaskans and, with reference to the approved plan, prepare and submit to the governor and legislature an annual analysis and evaluation of the services that are provided to older Alaskans;
(2) make recommendations directly to the governor and the legislature with respect to legislation, regulations, and appropriations for programs or services that benefit older Alaskans;
(3) encourage the development of municipal commissions serving older Alaskans and community-oriented programs and services for the benefit of older Alaskans;
(4) employ an executive director who serves at the pleasure of the commission;
(5) help older Alaskans lead dignified, independent, and useful lives;
(6) request and receive reports and audits from state agencies and local institutions concerned with the conditions and needs of older Alaskans;
(7) give assistance, on request, to the senior housing office in the Alaska Housing Finance Corporation in administration of the senior housing loan program under
AS 18.56.710 — 18.56.799 and in the performance of the office's other duties under
AS 18.56.700; and
(8) provide to the Alaska Mental Health Trust Authority, for its review and consideration, recommendations concerning the integrated comprehensive mental health program for persons who are described in (d) of this section and the use of the money in the mental health trust settlement income account in a manner consistent with regulations adopted under
AS 44.25.240.
(b) To accomplish its duties, the commission may
(1) review, evaluate, and comment upon state programs concerned with the problems and the needs of older Alaskans;
(2) collect facts and statistics, and make studies of conditions and problems pertaining to the employment, health, housing, financial security, social welfare, and other concerns that bear upon the well-being of older Alaskans;
(3) provide information about public programs that would be of interest or benefit to older Alaskans;
(4) appoint special committees, which may include persons who are not members of the commission, to complete necessary studies;
(5) promote community education efforts regarding the problems and concerns of older Alaskans;
(6) contract for necessary services;
(7) consult and cooperate with persons, organizations, and groups interested in or concerned with programs of assistance to older Alaskans;
(8) advocate improved programs of benefit to older Alaskans; and
(9) recommend standards for levels of services for older Alaskans for programs administered by the department.
(c) The commission may not investigate, review, or undertake any responsibility for the longevity bonus program under
AS 47.45.010 — 47.45.160 or the Alaska Pioneers' Home or Alaska Veterans' Home under
AS 47.55.
(d) When the commission formulates a comprehensive statewide plan under (a) of this section, it shall include within the plan specific reference to the concerns and needs of older Alaskans who have a disorder described in
AS 44.25.290(b)(4).
Sec. 44.29.795. Definitions.
In
AS 44.29.750 — 44.29.795,
(1) “commission” means the Alaska Commission on Aging;
(2) “department” means the Department of Health;
(3) “older Alaskan” means a resident who is 60 years of age or older.
Article 9. Alaska Mental Health Board.
Sec. 44.29.800. Alaska Mental Health Board.
The Alaska Mental Health Board is established. For budgetary purposes, the board is located within the Department of Health. The board is the state planning and coordinating agency for the purposes of federal and state laws relating to the mental health program of the state. The purpose of the board is to assist the state in ensuring an integrated comprehensive mental health program.
Sec. 44.29.810. Composition; non-voting members.
(a) The board consists of not fewer than 12 nor more than 16 members appointed by the governor, with due regard for the demographics of the state and balanced geographic representation of the state. The membership and committees of the board shall fulfill the requirements of P.L. 99-660, as amended.
(b) Not less than one-half of the members shall be persons with a mental disorder identified in
AS 44.25.290(b)(1) or members of their families.
(c) The board members
(1) shall include the director of the division of the department responsible for mental health; and
(2) may include representatives of the principal state agencies with respect to education, vocational rehabilitation, criminal justice, housing, social services, medical assistance, substance abuse, and aging.
(d) Board members appointed under (c) of this section may not vote on matters before the board.
(e) The board members shall include at least two licensed mental health professionals who represent public and private providers of mental health services and at least one member who is admitted to practice law in the state. Members appointed under this subsection may also be family members identified under (b) of this section.
(f) For the purpose of this section, “mental health professional” has the meaning given in
AS 47.30.915.
Sec. 44.29.820. Terms of office; vacancies; removal.
(a) Board members serve staggered terms of three years.
(b) A vacancy occurring in the membership of the board shall be filled by appointment of the governor for the unexpired portion of the vacated term.
(c) Members may be removed only for cause, including poor attendance or lack of contribution to the board's work.
Sec. 44.29.830. Officers and staff.
(a) The board, by a majority of its membership, shall annually elect a chair and other officers it considers necessary from among its membership.
(b) The board shall have a paid staff provided by the Department of Health, including an executive director who shall be selected by the board. The executive director is in the partially exempt service and may hire additional employees in the classified service of the state. The department shall provide for the assignment of personnel to the board to ensure the board has the capacity to fulfill its responsibilities. The executive director of the board shall be directly responsible to the board in the performance of the director's duties.
Sec. 44.29.840. Bylaws.
The board, on approval of a majority of its membership and consistent with state law, shall adopt and amend bylaws governing its composition, proceedings, and other activities consistent with state law, including provisions concerning a quorum to transact board business and other aspects of procedure, frequency and location of meetings, and establishment, functions, and membership of committees.
Sec. 44.29.850. Duties of the board.
The board is the state planning and coordinating body for the purpose of federal and state laws relating to mental health services for persons with mental disorders identified in
AS 44.25.290(b)(1). On behalf of those persons, the board shall
(1) prepare and maintain a comprehensive plan of treatment and rehabilitation services;
(2) propose an annual implementation plan consistent with the comprehensive plan and with due regard for the findings from evaluation of existing programs;
(3) provide a public forum for the discussion of issues related to the mental health services for which the board has planning and coordinating responsibility;
(4) advocate the needs of persons with mental disorders before the governor, executive agencies, the legislature, and the public;
(5) advise the legislature, the governor, the Alaska Mental Health Trust Authority, and other state agencies in matters affecting persons with mental disorders, including
(A) development of necessary services for diagnosis, treatment, and rehabilitation;
(B) evaluation of the effectiveness of programs in the state for diagnosis, treatment, and rehabilitation;
(C) legal processes that affect screening, diagnosis, treatment, and rehabilitation;
(6) provide to the Alaska Mental Health Trust Authority for its review and consideration recommendations concerning the integrated comprehensive mental health program for persons described in
AS 44.25.290(b)(1) and the use of money in the mental health trust settlement income account in a manner consistent with regulations adopted under
AS 44.25.240; and
(7) submit periodic reports regarding its planning, evaluation, advocacy, and other activities.
Sec. 44.29.860. Compensation, per diem, and expenses.
The board members appointed under
AS 44.29.810(b) and (e) are not entitled to a salary, but are entitled to per diem, reimbursement for travel, and other expenses authorized by law for boards and commissions under
AS 39.20.180.
Sec. 44.29.890. Definitions.
In
AS 44.29.800 — 44.29.890,
(1) “board” means the Alaska Mental Health Board established in
AS 44.29.800;
(2) “department” means the Department of Health.