Faith Myers stands at the doors of API. (Courtesy Photo)

Faith Myers stands at the doors of API. (Courtesy Photo)

Opinion: More needs to be done to protect the disabled

A state standard of patient care and a state enforcement of rights must be added to proposed bills.

  • By Faith J. Myers
  • Thursday, July 1, 2021 11:32pm
  • Opinion

For the last 60 years, the Alaska Legislature has passed laws that do a poor job of protecting the disabled. State law AS47.30.660 (b) (13) lets the state turn the care of disabled individuals over to managers of private facilities with what many consider an insufficient state standard of care. The Legislative Legal Services made that point in 2015.

In keeping with Alaska’s indefensible tradition of passing laws with a poor standard of care and rights, House Bill 172 and Senate Bill 124 are moving through the House and Senate. These bills would expand existing Title 47, allowing peace officers and mental health professionals to temporarily hold Alaskans accused of having a mental health crisis.

The state psychiatric patient grievance law, AS47.30.847, according to the Department of Health and Social Services and others, only applies to five hospitals or psychiatric units. That would mean the thousands that would be taken into custody if HB172 and SB124 pass, would not be protected by a state grievance and appeal process law.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

And for the people that will be handcuffed and brought into the new psychiatric units for a forced evaluation or treatment, the Legislature has made no provision in the bills or otherwise, to keep statistics of the number of detained people that are injured, the number and type of complaints and the type of traumatic events faced by these people.

Alaska has a long history of not protecting the disabled. Some states have given people with a developmental disability or their guardians the right by state law to file a grievance and an appeal to a independent state agency. Alaska has not, including disabled psychiatric patients.

I have been taken into custody, handcuffed and transported to a psychiatric unit for a forced evaluation. Rights were not explained to me. I had no access to an independent patient advocate, and when I tried to file a grievance concerning physical mistreatment, the complaint process was controlled by the hospital, including the due process. Patients are not protected when the hospitals control the grievance process. And there is no state grievance process.

The rights of a person taken into custody for a civil matter —such as a forced psychiatric evaluation — should remain intact to the greatest extent possible. As of now, HB172 and SB124 are not accompanied by patient rights equal to a person being detained in a locked psychiatric facility or unit and psychiatric patient rights need to be improved. A state standard of patient care and a state enforcement of rights must be added to HB172 and SB124.

Faith J. Myers is the author of the book, “Going Crazy in Alaska: A History of Alaska’s Treatment of Psychiatric Patients.” She has volunteered as a mental health advocate for over 10 years.

More in Opinion

The KBBI AM 890 station is located on Kachemak Way in Homer, Alaska. (Photo by Chloe Pleznac/Homer News)
Opinion: Alaska’s public media is under threat. Together, we can save it.

If nothing is done, the lost funding will result in the complete loss of broadcast signals in remote communities.

.
My Turn: Our country requires leadership

An open letter to Alaska’s congressional delegation

Gov. Mike Dunleavy compares Alaska to Mississippi data on poverty, per-pupil education spending, and the 2024 National Assessment of Education Progress fourth grade reading scores during a press conference on Jan. 31, 2025. Alaska is highlighted in yellow, while Mississippi is in red. (Jasz Garrett / Juneau Empire)
Opinion: Additional school funding is all about counting to 45

If education supporters can get to 45 votes, they would override the veto and the governor would have no choice but to send out the checks.

Alaska Senate President Gary Stevens, a Kodiak Republican, left, talks with House Speaker Bryce Edgmon, a Dillingham independent, before Republican Gov. Mike Dunleavy’s State of the State speech on Tuesday, Jan. 28, 2025, at the Alaska State Capitol. (Klas Stolpe/Juneau Empire file photo)
Opinion: Legislature has a constitutional duty to address Dunleavy vetoes

If we do not act during this special session, the vetoes will become permanent

Rep. Bill Elam speaks during a legislative update to the joint Kenai and Soldotna chambers of commerce in Kenai, Alaska, on Wednesday, June 18, 2025. (Jake Dye/Peninsula Clarion)
Opinion: Education accountability starts at home — not just in Juneau

Hyper-partisan politics don’t belong in classrooms.

The Alaska Capitol is photographed Friday, July 11, 2025, in Juneau, Alaska. (Photo by Erin Thompson/Juneau Empire)
Opinion: Schools and strength in challenging times

We must stand in defense of the institution of public schools.

Gov. Mike Dunleavy, a Republican, speaks during a news conference in April 2023. (Clarise Larson / Juneau Empire File)
Opinion: Anti-everything governor

Nothing wrong with being an obstinate contrarian, unless you would rather learn, build consensus, truly govern and get something done.

Children are photographed outside their now shuttered school, Pearl Creek Elementary, in August 2024 in Fairbanks, Alaska. (Photo provided by Morgan Dulian)
My Turn: Reform doesn’t start with cuts

Legislators must hold the line for Alaska’s students

U.S. Senator Dan Sullivan, R-Alaska, speaks to Anchor Point residents during a community meeting held at the Virl “Pa” Haga VFW Post 10221 on Friday, May 30, 2025, in Anchor Point, Alaska. (Delcenia Cosman/Homer News)
Opinion: Big beautiful wins for Alaska in the Big Beautiful Bill

The legislation contains numerous provisions to unleash Alaska’s extraordinary resource economy.

Deena Bishop, commissioner of the Department of Education and Early Development, discusses the status of school districts’ finances during a press conference with Gov. Mike Dunleavy at the Alaska State Capitol on Thursday, April 17, 2025. (Jasz Garrett / Juneau Empire)
Opinion: The fight to improve public education has just begun

We owe our children more than what the system is currently offering

President Donald Trump and President Vladimir Putin of Russia at a joint news conference in Helsinki, Finland, July 16, 2018. (Doug Mills/The New York Times file photo)
Opinion: Mistaking flattery for respect

Flattery played a role in Trump’s One Big Beautiful Bill.

(Juneau Empire file photo)
Opinion: Life is harder when you outlive your support group

Long-time friends are more important than ever to help us cope, to remind us we are not alone and that others feel the same way.

You're browsing in private mode.
Please sign in or subscribe to continue reading articles in this mode.

Peninsula Clarion relies on subscription revenue to provide local content for our readers.

Subscribe

Already a subscriber? Please sign in