2d Session
H.R. 6376


JANUARY 19 (legislative day, JANUARY 16), 1956 Read twice and referred to the Committee on Interior and Insular Affairs

To provide for the hospitalization and care of the mentally ill of Alaska, and for other purposes.

1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the "Alaska Mental Health

4 Act."

Sec. 1. Short title and table of contents.
Sec. 2. Purpose.
Sec. 3. Powers of the Territorial Government.

Sec. 101. Definitions.
Sec. 102. Powers of the Governor.
Sec. 103. Authority to receive patients.
(a) On application by patient or by guardian of minor.
(b) On application by others.




Sec. 104. Emergency hospitalization.
(a) Upon medical certification and endorsement.
(b) Without certification or endorsement.
Sec. 105. Examination of newly admitted patients; discharge by hospital.
Sec. 106. Right to discharge on application; emergency detention.
See. 107. Petition for judicial determination.
Sec. 108. Hospitalization upon court order; judicial procedure.
Sec. 109. Commitment to an agency of the United States.
Sec. 110. Detention under special circumstances.
(a) Pending removal to a hospital.
(b) Subject to court order pending judicial determination.
(c) Subject to order of court in criminal proceedings.
Sec. 111. Writ of habeas corpus.
Sec. 112. Appeal from decision or order of United States Commissioner.
Sec. 113. Transportation.
Sec. 114. Notice of hospitalization.
Sec. 115. Right to humane care and treatment.
Sec. 116. Mechanical restraints.
Sec. 117. Right to communicate and visitation; exercise of civil rights.
Sec. 118. Transfer of patients generally.
Sec. 119. Transfer of nonresident patients.
Sec. 120. Contract care outside Alaska; rights under State law.
Sec. 121. Release on convalescent status.
Sec. 122. Readmission.
Sec. 123. Discharge upon medical review and certification.
Sec. 124. Provision for personal needs of a patient on discharge.
Sec. 125. Disposition of unclaimed funds of patients.
Sec. 126. Disposition of funds subject to claim.
Sec. 127. Disclosure of information.
Sec. 128. Liability for expense of hospitalization.
Sec. 129. Fees and expenses for judicial proceedings.


Sec. 201. Special grants to Alaska for mental health.
Sec. 202. Land grant.


Sec. 301. Laws repealed.
Sec. 302. Existing contract and appropriations.
Sec. 303. Separability.
Sec. 304. Effective date.


2 SEC. 2. The purpose of this Act is to transfer from the

3 Federal Government to the Territory of Alaska basic respon-

1 sibility and authority for the hospitalization, care, and treat-

2 ment of the mentally ill of Alaska and, in connection with

3 such transfer-

4 (a) to modernize procedures for such hospitalization

5 (including commitment), care, and treatment and to

6 authorize the Territory to modify or supersede such

7 procedures;

8 (b) to assist in providing for the Territory neces-

9 sary facilities for a comprehensive mental-health pro-

10 gram in Alaska, including inpatient and outpatient

11 facilities ;

12 (c) to provide for a land grant to the Territory to

13 assist in placing the program oti a firm long-term basis;

14 and

15 (d) to provide for a ten-year program, of grants-in-

16 aid to the Territory to enable the Territory gradually to

17 assume the full operating costs of the program.


19 SEC. 3. (a) The Territory of Alaska is hereby author-

20 zed to appropriate such sums from the public money of

21 Alaska for the administration of its responsibilities under this

22 Act as it may deem appropriate.

23 (b) Notwithstanding the provisions of section 3 of the

24 Act of August 24,1912 (37 Stat. 512 ; 48 U. S. C., sec. 24),

25 or any other law, the Territorial Government of Alaska is

1 hereby authorized to enact such laws as it may deem appro-

2 priate relating to the hospitalization (including commitment) ,

3 care, and treatment of residents of or persons in Alaska who

4 are mentally ill, and such legislation may supersede any of the

5 provisions of title I of this Act.




9 SEC. 101. As used in this title-

10 (a) The term "Alaska" means the Territory of Alaska.

11 (b) The term "designated examiner" means a licensed

12 physician designated by the Governor as specially qualified,

13 under standards established by him for the purpose of this

14 title, in the diagnosis of mental or related illness: Provided,

15 That, for areas in which no licensed physician so qualified

16 is available, any licensed physician may be designated.

17 (c) The term "Governor" means the Governor of

18 Alaska.

19 (d) The term "head of a hospital" means the individual

20 in charge of a hospital, or his designated representative,

21 except that when the individual in charge of a hospital is

22 not a licensed physician, authority placed in the head of a

23 hospital by this title which involves in major part the exer-

24 cise of medical judgment shall be exercised by the highest

25 licensed medical official of the hospital.


1 (e) The term "hospital" means a public or private

2 hospital or institution or part thereof, equipped and other-

3 wise qualified to provide inpatient care and treatment for

4 the mentally ill.

5 (f) The term "individual", as used in section 103 and

6 104, means a resident of or a person in Alaska.

7 (g) The terms "interested party" or "interested par-

8 ties" include the legal guardian, spouse, parent or parents,

9 adult children, other close adult relatives, or an interested,

10 responsible adult friend of a mentally ill individual or a

11 patient.

12 (h) The term "licensed physician" means an individual

13 licensed under the laws of Alaska to practice medicine or

14 osteopathy; a medical officer of the Government of the

15 United States while in Alaska in the performance of his

16 official duties; or a medical officer of the Territory of Alaska.

17 (i) The term "mentally ill individual" means an indi-

18 vidual having a psychiatric or other disease which substan-

19 tially impairs his mental health or an individual who is

20 mentally defective or mentally retarded.

21 (j) The term "patient" means a resident of or person

22 in Alaska qualified under this title for hospitalization as a

23 mentally ill individual.

24 (k) The term "police officer", when used in connection

25 with cases which involve individuals who, because of mental


1 illness, are likely to injure themselves or others if allowed to

2 remain at liberty, includes a United States marshal.

3 (I) The term "resident of Alaska" means (i) a per-

4 son who has lived continuously in Alaska for one year imme-

5 diately preceding his admission as a patient or immediately

6 preceding his becoming a proposed patient, or (ii) a person

7 who has a present intention to make Alaska his home for an

8 indefinite period of time. Such intention may be evidenced

9 by prior statements or it may be implied from facts which

10 show that the person does in fact make Alaska his permanent

11 home. A married woman shall be capable of establishing a

12 legal residence apart from her husband, and an emanci-

13 pated child under twenty-one years shall take the legal resi-

14 dence of the parent or guardian with whom he is actually

15 living.

16 (m), The term "State" or "States" includes the States,

17 the District of Columbia, the Territories and possessions of

18 the United States, and the Commonwealth of Puerto Rico.

19 (n) The term "United States Commissioner" means a

20 United States Commissioner, appointed pursuant to section

21 6 of the Act of June 6, 1900 (31 Stat. 323 ; 48 U. S. C., sec.

22 104).


24 SEC. 102. Except insofar as this title specifically confers

25 certain powers, duties, and functions upon others, the Gov-


1 ernor shall be charged with the administration of this title.

2 In addition to such authority as may be conferred upon him

3 by other sections of this title, the Governor is hereby

4 authorized-

5 (a) to designate hospitals equipped and otherwise

6 qualified to provide inpatient care and treatment for

7 individuals who are mentally ill;

8 (b) to (1) provide for the hospitalization of men-

9 tally ill patients in designated hospitals of Alaska, (2)

10 enter into arrangements with the Surgeon General of the

11 Public Health Service for the care and treatment of such

12 patients in hospitals of the Service in Alaska, (3) nego-

13 tiate and enter into contracts with any hospital in Alaska

14 for the care and treatment of such patients, and (4)

15 negotiate and enter into contracts, which shall incorpo-

16 rate safeguards consistent with the provisions of this title,

17 with any hospital in the continental United States for

18 the care and treatment of such patients ;

19 (c) to prescribe the form of applications, records,

20 reports, and medical certificates required by this title,

21 and the information to be contained therein ;

22 (d) to require reports from the head of a hospital

23 concerning the care of patients;

24 (e) to visit each hospital to review methods

25 of care for all patients:


1 (f) to investigate complaints made by a patient

2 or an interested party on behalf of a patient;

3 (g) to establish such rules and regulations not in-

4 consistent with the provisions of this title as he may

5 find to be reasonably necessary for the proper and eff-

6 icient administration of this title; and

7 (h) to delegate to any officer or agency of the

8 Territorial government of Alaska any of the duties

9 and powers imposed upon him by this title.


11 SEC. 103. The head of any hospital which has been des-

12 ignated by the Governor pursuant to section 102 is author-

13 ized to receive therein for observation, diagnosis, care, and

14 treatment any individual whose admission is applied for

15 under one of the following procedures:

16 On Application by Patient or by Guardian of Minor.

17 (a) Any individual who is mentally ill or who has

18 symptoms of mental illness but who has sufficient insight or

19 capacity to make responsible application for admission arid

20 who, being sixteen years of age or over, applies therefor

21 may be admitted on his own application. Any individual

22 under sixteen years of age who is mentally ill or has symp-

23 toms of mental illness may be admitted if his parent or legal

24 guardian applies therefor in his behalf.



2 (b) Any individual may be admitted for care and

3 treatment in a hospital upon written application by an inter-

4 ested party, by a health or welfare officer, by the Governor,

5 or by the head of any institution in which the individual

6 may be, if the application is accompanied by a certificate

7 of a licensed physician that, on the basis of an examination

8held not more than fifteen days prior to the individual's

9admission, such individual in his opinion is mentally ill

10 and because of his illness, either (1) is likely to injure

11 himself or others if allowed to remain at liberty, or (2)

12 being in need of care or treatment in a hospital, lacks suf-

13 ficient insight or capacity to make responsible application

14 in his own behalf.


16 Upon Medical Certification and Endorsement

17 SEC. 104. (a) If the certificate by a licensed physician

18 under section 103 (b) states a belief that the individual is

19 likely to injure himself or others if allowed to remain at

20 liberty, any health, welfare, or police officer, or any person

21 deputized by a United States Commissioner, shall have au-

22 thority, upon endorsement of the certificate for such pur-

23 pose by the Governor or by a United States Commissioner,
H. R. 6376-2


1 to take the individual into custody, apply to a designated

2 hospital for his admission, and transport him thereto.

3 Without Certification or Endorsement

4 (b) Any health, welfare, or police officer who has reason

5 to believe that an individual is mentally ill and, because of his

6 illness, is likely to injure himself or others if not immediately

7 restrained pending examination or certification by a licensed

8 physician or pending endorsement of such certification as

9 provided in subsection (a) of this section, may take the

10 individual into custody, apply to a designated hospital for

11 his admission and transport him thereto. The application

12 for admission shall state the circumstances under which the

13 individual was taken into custody and the reason for the

14 officer's belief.



17 SEC. 105. The head of the hospital shall arrange for an

18 examination by a designated examiner of every patient

19 hospitalized pursuant to section 103 (b) or section 104

20 within a period not to exceed five days after the day of

21 admission. At the end of such period, any patient so

22 admitted shall, without need of application therefor, be dis-

23 charged if an examination has not been held or if, upon

24 examination, the designated examiner refuses or fails to

25 certify to the head of the hospital that in his opinion the


1 patient is mentally ill and either is likely to injure himself

2 or others if allowed at liberty, or is in need of care or treat-

3 ment in a hospital and because of his illness lacks sufficient

4 insight or capacity to make responsible application therefor.



7 SEC. 106. (a) Any individual admitted to a hospital

8 under authority of section 103 or 104 shall be forthwith

9 discharged therefrom upon his request or upon the request

10 in writing by an interested party, except that-

11 (1) if admitted upon his own application, his dis-

12 charge may be conditioned upon his agreement ;

13 (2) if under sixteen years of age and admitted

14 pursuant to section 103 (a), his discharge prior to be-

15 coming sixteen years of age may be conditioned upon

16 the consent of his parent or guardian;

17 (3) if the head of a hospital, within 48 hours from

18 the receipt of the request, files with a United States

19 Commissioner a certification that in his opinion the dis-

20 charge of the patient would be unsafe to the patient

21 or others, the discharge may be postponed for such

22 period not to exceed five days as the United States

23 Commissioner may determine to be necessary for the

24 commencement of commitment proceedings pursuant to

25 section 108: Provided, That if the United States Com-


1 missioner finds that, because of circumstances beyond

2 control, proceedings for judicial hospitalization cannot

3 reasonably be instituted in such time, the discharge may

4 be postponed for a period not to exceed fifteen days,

5 (b) The head of the hospital shall provide reasonable

6 means and arrangements for informing patients of their

7 right to discharge as provided in this section and other

8 sections of this title and for assisting them in making and

9 presenting requests for discharge.


11 SEC. 107. Any patient hospitalized pursuant to section

12 103 (b) , 104, or 108 shall be entitled to have the need for

13 his continued hospitalization determined or redetermined on

14 his own petition, or that of an interested party, to the United

15 States Commissioner. Upon receipt of the petition, the

16 United States Commissioner shall conduct proceedings in

17 accordance with section 108, except that such proceedings

18 shall not be required to be conducted if the petition is filed

19 sooner than six months after the issuance of an order of hos-

20 pitalization under section 108 or sooner than one year after

21 the filing of a previous petition under this section.



24 SEC. 108. (a) An interested party, a licensed physician,

25 a health officer, or the Governor may, by filing a written


1 application with a United States Commissioner, commence

2 proceedings for the hospitalization of an individual by judi-

3 cial commitment. Any such application shall be accom-

4 panied by a certificate of a licensed physician stating that

5 he has examined the individual and is of the opinion that

6 the individual is mentally ill and should be hospitalized, or

7 by a written statement by the applicant that the individual

8 has refused to submit to examination by a licensed physician.

9 (b) Upon receipt of an application, the United States

10 Commissioner shall give notice thereof to the proposed

11 patient, to his legal guardian, if any, and to one or more

12 of the other interested parties, if any. If, however, the

13 United States Commissioner has reason to believe that notice

14 would be likely to be injurious to the proposed patient,

15 notice to him may be omitted.

16 (c) As soon as practicable after notice of the com-

17 mencement of proceedings is given or it is determined that

18 notice to the proposed patient should be omitted, the United

19 States Commissioner shall appoint two designated examiners

20 except that when he finds that two such examiners are

21 not available, he may appoint a single examiner, to examine

22 the proposed patient and report to the United States Com-

23 missioner their findings as to the mental condition of the

24 proposed patient and his need for care in a hospital.

25 (d) The examination shall be held at a hospital or other


1 medical facility, at the home of the proposed patient, or at

2 any other stable place not likely to have a harmful effect

3 on his health. A proposed patient to whom notice of the

4 commencement of proceedings has been omitted shall not be

5 required to submit to an examination against his will, but

6 if the designated examiners report that the proposed patient

7 refuses to submit to an examination, the United States Com-

8 missioner shall give notice to the proposed patient and order

9 him to submit to such examination.

10 (e) If the report of the designated examiners states

11 that the proposed patient is not mentally ill, the United

12 States Commissioner may, without taking any further action,

13 terminate the proceedings and dismiss the application.

14 Otherwise, he shall forthwith fix a date for and give notice of

15 a hearing to be held not more than fifteen days from receipt

16 of the report of the designated examiners.

17 (f) The proposed patient, the applicant, the legal

18 guardian, and other interested parties as determined by the

19 Commissioner, shall be given notice and afforded an oppor-

20 tunity to appear at the hearing, to testify, and to present and

21 cross-examine witnesses, and the United States Commis-

22 sioner may, in his discretion, receive the testimony of any

23 other person. The proposed patient shall not be required to

24 be present, and the United States Commissioner is author-


1 ized to exclude all persons not necessary for the conduct of

2 the proceedings. The hearings shall be conducted in as

3 informal a manner as may be consistent with orderly pro-

4 cedure and in a physical setting not likely to have a harmful

5 effect on the mental health of the proposed patient. The

6 United States Commissioner shall receive and maintain a

7 record of all relevant and material evidence which may be

8 offered concerning the mental condition and the residence

9 of the proposed patient and shall not be bound by the rules

10 of evidence. An opportunity to be represented by counsel

11 shall be afforded to every proposed patient, and if neither

12 he nor others provide counsel, the United States Commis-

13 sioner shall appoint counsel. If, not less than five days

14 prior to the date fixed for the hearing, the proposed patient,

15 his counsel, or any member of his immediate family files a

16 written request with the United States Commissioner therefore,

17 the Commissioner shall summon and impanel a jury of six

18 adult residents to hear and consider the evidence concerning

19 the mental condition of the proposed patient.

20 (g) If, upon completion of the hearing and considera-

21 tion of the record, the United States Commissioner or, in

22 the event the right to a jury has been exercised pursuant to

23 subsection (f) hereof, the jury finds that the proposed

24 patient-


1 (1) is mentally ill; and

2 (2) (A) because of his illness is likely to injure

3 himself or others if allowed to remain at liberty; or

4 (B) is in need of custody, care, or treatment in a

5 hospital and, because of his illness, lacks sufficient insight

6 or capacity to make responsible decisions concerning

7 hospitalization,

8 the United States Commissioner shall order his hospitaliza-

9 tion either for an indeterminate period or for a temporary

10 observational period not exceeding six months; otherwise, he

11 shall terminate the proceedings and dismiss the application.

12 If the United States Commissioner orders the hospitalization

13 of the proposed patient, he shall issue a finding on the legal

14 residence of the patient. If the order is for a temporary

13 period of hospitalization, the United States Commissioner

16 may at any time prior to the expiration of such period, on

17 the basis of a report by the head of a hospital and such

18 further inquiry as he may deem appropriate, order either in-

19 determinate hospitalization of the patient or dismissal of the

20 proceedings.

21 (h) The order of hospitalization shall be directed to

22 the Governor and shall state whether the individual shall

23 be detained for an indeterminate or for a temporary period

24 and, if for a temporary period, then for how long. Unless

25 otherwise directed by the United States Commissioner, it


1 shall be the responsibility of the Governor to assure the

2 carrying out of the order of hospitalization within such period

3 as the United States Commissioner shall specify.

4 (i) Notwithstanding any other provision of this title

5 except for section 119, commitment proceedings under this

6 section shall not be commenced with respect to a patient

7 admitted pursuant to section 103 (a) unless release of the

8 patient has been requested by him or by an interested party

9 on his behalf.


11 SEC. 109. (a) If an individual ordered to be hospitalized

12 pursuant to section 108 is eligible for hospital care or treat-

13 ment at the expense of any agency of the United States,

14 the United States Commissioner, upon receipt of a certificate

15 from such agency showing that accommodations are avail-

16 able and that the individual is eligible for care, may order

17 him to be placed in the custody of such agency for hos-

18 pitalization. When any such individual is admitted, pursuant

19 to the order of a United States Commissioner, to any hos-

20 pital or institution operated by any agency of the United

21 States within or without Alaska, he shall be subject to the

22 rules and regulations of such agency. The chief officer of

23 any hospital or institution operated by such agency and

24 in which the individual is so hospitalized shall with respect

H. R. 6376- 3


1 to such individual be vested with the same powers as the

2 Governor or the head of a hospital concerning the detention,

3 custody, transfer, conditional release, or discharge of patients.

4 Jurisdiction is retained in the United States Commissioner

5 to inquire at any time into the mental condition of an

6 individual so hospitalized, and to determine the necessity for

7 continuance of his hospitalization, and every order of hos-

8 pitalization issued pursuant to this section is so conditioned.

9 (b) An order of a court of competent jurisdiction of

10 any State, authorizing hospitalization of any individual by

11 any agency of the United States, shall have the same force

12 and effect as to the individual while in Alaska as in the

13 jurisdiction in which the court entering the order is situated;

14 and the courts of the jurisdiction issuing the order shall be

15 deemed to have retained jurisdiction of the individual so

16 hospitalized for the purpose of inquiring into his mental con-

17 dition and of determining the necessity for continuance of

18 his hospitalization, as is provided in subsection (a) of this

19 section with respect to individuals ordered hospitalized by

20 the United States Commissioner. Consent is hereby given

21 to the application of the law of the State in which is located

22 the court issuing the order for hospitalization with respect

23 to the authority of the Chief officer of any hospital or insti-

24 tution operated in Alaska by any agency of the United States


1 to retain custody, transfer, conditionally release, or discharge

2 the individual hospitalized.


4 SEC. 110. (a) Pending his removal to a hospital, a

5 patient taken into custody under section 104 or ordered to

6 be hospitalized pursuant to section 108 may be detained in

7 his home, a licensed foster home, or any other suitable fa-

8 cility under such reasonable conditions as the Governor may

9 fix, but he shall not, except because of and during an ex-

10 treme emergency, be detained in a nonmedical facility used

11 for the detention of individuals charged with or convicted of

12 penal offenses. The Governor shall take such reasonable

13 measures, including provision for medical care, as may be

14 necessary to assure proper care of an individual temporarily

15 detained pursuant to this section.

16 (b) Notwithstanding any other provision of this title,

17 no patient with respect to whom proceedings for judicial

18 hospitalization have been commenced and whose discharge

19 would, in the opinion of the head of the hospital, be unsafe

20 to the patient or others shall be released or discharged from

21 a hospital during the pendency of such proceedings unless

22 ordered by a United States Commissioner upon the applica-

23 tion of the patient or of an interested party.

24 (c) No patient held on order of a court or judge having


1 criminal jurisdiction in any action or proceeding arising out

2 of a criminal offense shall be discharged except upon order

3 of a court of competent jurisdiction.


5 SEC. 111. Any individual detained pursuant to this title

6 shall be entitled to the writ of habeas corpus upon proper

7 petition by himself or a friend to any court generally em-

8 powered to issue the writ of habeas corpus in the jurisdiction

9 in which he is detained.



12 SEC. 112. Any party may appeal to the District Court

13 for the Territory of Alaska from any decision or order of a

14 United States Commissioner pursuant to this Act, within ten

15 days of the date of the decision or order, and the District

16 Court for the Territory of Alaska shall review the case on the

17 record. While such appeal is pending, the decision or order

18 of the United States Commissioner shall, unless otherwise di-

19 rected by the court, be given full force and effect as if no

20 appeal had been taken. Any appeal from a final or inter-

21 locutory decision of the District Court for the Territory of

22 Alaska in a proceeding under this Act shall be governed


1 by the law applicable generally to appeals from the District

2 Court for the Territory of Alaska.


4 SEC. 113. Whenever an individual is about to be hospi-

5 talized under the provisions of this title, the Governor shall

6 arrange, upon the request of a person having a proper inter-

7 est in the individual's hospitalization, for the individual's

6 transportation to the hospital, with appropriate medical or

9 nursing attendants and by such means as may be suitable for

10 the patient's medical condition. Whenever practicable, the

11 individual to be hospitalized shall be permitted to be accom-

12 panied by one or more of his relatives or friends who shall

13 travel at their own expense. When necessary, the Governor

14 shall arrange for a police officer to accompany the individual.


16 SEC. 114. Whenever a patient has been admitted to a

17 hospital pursuant to this title other than upon his own appli-

18 cation, the head of the hospital shall notify immediately the

19 patient's legal guardian, parent or parents, spouse, or next of

20 kin, if known. The head of the hospital admitting an indi-

21 vidual under any provision of this title, or discharging an

H. R. 6376---4


1 individual so admitted, shall forthwith make a, report thereof

2 to the Governor.


4 SEC. 116 Every patient shall be entitled to humane care

5 and treatment and, to the extent that facilities, equipment,

6 and persomrel are available, to medical care and treatment

7 in accordance with the highest standards accepted in medical

8 practice.


10 SEC. 116. Mechanical restraints shah not be applied to

11 a patient unless it is determined, by the head of the hospital

12 or his designee to be required by the medical needs of the

13 patient. Every use of a mechanical restraint and the rea-

14 sons therefor shall be made a part of the clinical record of

15 the patient under the signature of the head of the hospital

16 or his designee.



19 SEC. 117. (a) Subject to the general rules and regula-

20 tions of the hospital and except to the extent that the head

21 of the hospital determines that it is necessary for the medi-

22 cal welfare of the patient to impose restrictions, every patient

23 shall be entitled-

24 (1) to communicate by sealed mail or otherwise


1 with persons, including official agencies, inside or out

2 side the hospital ;

3 (2) to receive visitors; and

4 (3) to exercise all civil rights, including the right

5 to dispose of property, execute instruments, make pur-

6 chases, enter contractual relationships, and vote, unless

7 he has been adjudicated incompetent and has not been

8 restored to legal capacity.

9 (b) Notwithstanding any limitations authorized by this

10 section on the right of communication, every patient shall

11 be entitled to communicate by sealed mail with the Governor

12 and with the United States Commissioner, if any, who

13 ordered his hospitalization.

14 (c) Any limitations imposed by the head of a hospital

15 on the exercise of these rights by a patient and the reasons

16 for such limitations shall be made a part of the clinical record

17 of the patient.


19 SEC. 118. (a) The Governor may authorize the trans-

20 fer of a patient from one hospital to another hospital if he

21 determines that it would be consistent with the medical needs

22 of the patient to do so. Whenever a patient is transferred,

23 written notice thereof shall be given to his legal guardian, if

24 any, parent or parents, and spouse, or, if none be known, to


1 any other interested party. In all such transfers, due con-

2 sideration shall be given to the relationship of the patient to

3 his family, legal guardian, or friends, so as to maintain re-

4 lationships and encourage visits beneficial to the patient.

5 (b) Upon receipt of a certificate from an agency of the

6 United States that accommodations are available for the case

7 of any individual heretofore ordered hospitalized pursuant to

8 law or hereafter hospitalized pursuant to section 108 of this

9 title in any hospital for care or treatment of the mentally ill,

10 and that such individual is eligible for care or treatment in a

11 hospital or institution of such agency, the Governor may

12 cause his transfer to such agency of the United States for

13 hospitalization. The United States Commissioner who or-

14 dered the individual to be hospitalized, and the guardian,

15 spouse, and parent or parents, or if none be known, some

16 other interested party, shall be notified immediately of the

17 transfer by the Governor. No person shall be transferred

18 to an agency of the United States if he is confined pursuant

19 to conviction of any felony or misdemeanor, or if he has been

20 acquitted of a criminal charge solely on the ground of mental

21 illness, unless prior to transfer the United States Commis-

22 sioner who originally ordered confinement of such person

23 shall enter an order for the transfer after appropriate motion

24 and hearing. Any person transferred as provided in this

25 section to any agency of the United States shall be deemed


1 to be hospitalized by that agency pursuant to the original

2 order of hospitalization.


4 SEC. 119. (a) The admission papers of any person hos-

5 pitalized pursuant to this title shall include a statement as

6 to his legal residence. The Governor is authorized to trans-

7 fer any patient who has been hospitalized by the judicial

8 procedure and who is not a resident of Alaska to the State

9 in which he has legal residence. In addition, the Governor

10 is authorized to transfer any other patient who is not a resi-

11 dent of Alaska to the State in which he has a legal residence,

12 if the consent of the patient or his legal guardian has been

13 obtained. If the patient or his legal guardian refuses to

14 give consent, the Governor may order the discharge of the

15 patient: Provided, That if the patient is certified by the head

16 of a hospital to be dangerous to himself or to others, the

17 Governor may cause proceedings for judicial hospitalization

18 to be initiated with respect to such patient, pursuant to sec-

19 tion 108 of this title. For the purposes of this subsection, the

20 term "State" (as defined in section 101 (m) ) , shall mean

21 only a State which has agreed to the transfer or return of

22 patients hospitalized pursuant to this title.

23 (b) For the purpose of facilitating the return of such

24 nonresident patients, the Governor may enter into a recip-

25 rocal agreement with any State providing for the prompt


1 transfer, under appropriate supervision, of residents of such

2 State or Alaska who are mentally ill. Mentally ill residents

3 of Alaska who have been hospitalized outside Alaska may be

4 transferred, with the approval of the Governor, to a hospital

5 designated by the Governor. All expenses incurred in re-

6 turning to their legal residence patients who are nonresidents

7 of Alaska may be paid from funds appropriated for the ad-

8 ministration of this title, but the expense of transferring resi-

9 dents of Alaska who have been hospitalized for mental ill-

10 ness outside Alaska shall be borne by the State making the

11 transfer.

12 (c) The Governor is hereby further authorized to enter

13 into a reciprocal agreement with any State providing for the

14 care and treatment of mentally ill residents of Alaska by such

15 State, and for the care and treatment of mentally ill resi-

16 dents of such State by Alaska, each on a reimbursable basis.

17 (d) In taking action under subsections (a) and (c)

18 of this section, due consideration shall be given to the re-

19 lationship of the patient to his family, legal guardian, or

20 friends, so as to maintain relationships and encourage visits

21 beneficial to the patient.



24 SEC. 120. Nothing in this Act shall be deemed to

25 alter or impair the application or availability to any patient,


1 while hospitalized in a State outside Alaska pursuant to

2 contractual arrangements under section 102 (b), of any

3 rights, remedies, or protective safeguards provided by the

4 law of such State.


6 SEC. 121. The head of a hospital may place an improved

7 patient on convalescent status when he believes that such

8 status is in the best interests of the patient. Convalescent

9 status shall so far as practicable include provisions for con-

10 tinuing responsibility to and by the hospital, and for a plan

11 of treatment on an outpatient basis or under the direction

12 of a licensed physician. Prior to the end of a year on

13 convalescent status, and not less frequently than annually

14 thereafter, the head of the hospital shall reexamine the

15 facts relating to the hospitalization of the patient on con-

16 valescent status and, if he determines that in view of the

17 condition of the patient hospitalization is no longer necessary,

18 he shall discharge the patient.


20 SEC. 122. At any time prior to such discharge, the head

21 of the hospital from which the patient is given convalescent

22 status may readmit the patient. If in the case of a patient

23 committed under section 108 there is reason to believe that

24 it is to the best interest of the patient to be rehospitalized,

25 the Governor or the head of the hospital may issue an order


1 for the immediate rehospitalization of the patient. Such an

2 order, if not voluntarily complied with, shall, upon the en-

3 dorsement by a United States Commissioner of the precinct

4 in which the patient is resident or present, authorize any

5 health, welfare, or police officer to take the patient into

6 custody and transport him to the hospital, or if the order is

7 issued by the Governor to a hospital designated by him.


9 SEC. 123. The head of a hospital shall cause the condi-

10 tion of every patient to be reviewed as frequently as practi-

11 cable, but not less often than every six months, and when-

12 ever the head of a hospital certifies that the conditions justi-

13 fying hospitalization no longer obtain, the patient shall be

14 discharged. If the patient was admitted on other than his

15 own application, notice of such discharge shall be given to

16 the patient's legal guardian, parent or parents, spouse, or next

17 of kin, if known, and, if the patient was hospitalized by judi-

18 cial process, to the United States Commissioner who ordered

19 him to be committed.



22 SEC. 124. The Governor shall make such arrangements

23 as may be necessary to insure-

24 (a) that no patient is discharged from a hospital

25 without suitable clothing; and


1 (b) that any indigent patient discharged is furnished

2 suitable transportation for his return home and an

3 amount of money not exceeding $50.


5 SEC. 125. All articles of personal property belonging to

6 a patient who has died prior to his release on convalescent

7 status or discharge or who has eloped therefrom, and remain-

8 ing in the custody of the head of the hospital, shall, if

9 unclaimed by such patient, or his legal heirs or representa-

10 tives, within the period of five years after the decease of such

11 patient or the date of his leaving the hospital, be disposed of

12 in such manner as the Governor may prescribe, and any

13 proceeds resulting therefrom shall be covered into the Treas-

14 ury of the Territory of Alaska. Any moneys remaining to

15 the credit of such patient, if unclaimed by his legal heirs or

16 representatives or by such patient within the period of five

17 years after the decease of such patient or the date of his leav-

18 ing the hospital, shall be covered into the Treasury of the

19 Territory of Alaska.


21 SEC. 126. The Governor shall cause diligent inquiry

22 to be made, in every instance after death or elopement of

23 any patient, to ascertain his whereabouts or that of his legal

24 heirs or representatives and shall turn over to the proper

25 party or parties any moneys or articles of personal property


1 in the custody of the head of the hospital to the credit of

2 such person. Claims to such moneys or articles of personal

3 property may be presented to the Governor at any time. In

4 the event a claim is established by competent proof more

5 than five years after the death or elopement of a patient, it

6 shall be certified to the Territorial legislature for consid-

7 eration.


9 SEC. 127. (a) All certificates, applications, records, and

10 reports, other than an order of a court or United States

11 commissioner made for the purposes of this title, and di-

12 rectly or indirectly identifying a patient or former patient

13 or an individual whose hospitalization has been sought under

14 this title together with clinical information relating to such

15 patients shall be kept confidential and shall not be disclosed

16 by any person except insofar-

17 (1) as the individual identified or his legal guard-

18 ian, if any (or, if he be a minor, his parent or legal

19 guardian), shall consent; or

20 (2) as disclosure may be necessary to carry out

21 any of the provisions of this title; or

22 (3) as a court may direct upon its determina-

23 tion that disclosure is necessary for the conduct of

24 proceedings before it and that failure to make such

25 disclosure would be contrary to the public interest.


1 (b) Nothing in this section shall preclude disclosure,

2 upon proper inquiry, of information concerning current medi-

3 cal condition to the members of the family of a patient or

4 to his relatives or friends.

5 (c) Any person violating any provision of this section

6 shall be guilty of a misdemeanor and subject to a fine of not

7 more than $500 or imprisonment for not more than one

8 year, or both.


10 SEC. 128. (a) It shall be the duty of a patient, or

11 his legal representative, spouse, parents, adult children, in that

12 sequence, to pay or contribute to the payment of the charges

13 for the care or treatment of such patient when hospitalized

14 pursuant to the provisions of this title in such manner and

15 proportion as the Governor may find to be within their abil-

16 ity to pay: Provided, That such charges shall in no case

17 exceed the actual cost of such care and treatment. The

18 order of the Governor relating to the payment of charges

19 by persons other than the patient, or his legal representative,

20 shall be prospective in effect and shall relate only to charges

21 to be incurred subsequent to the order: Provided, however,

22 That if any of the above-named persons willfully conceal

24 the extent of their ability, charges accruing during the period

25 of such concealment. The Governor may cause to be made


1 such investigations as may be necessary to determine such

2 ability to pay, including the requirement of sworn statements

3 of income by such persons.

4 (b) As used in subsection (a), the term "actual cost

5 of such care and treatment" shall mean either the

6 rate provided for by a contract entered into pursuant to

7 section 102 (b) of this title, or, in the absence of such

8 contract, a per diem rate fixed by the Governor.

9 (c) The Governor is authorized to accept from any

10 interested party any payment for the care and treatment of

11 any patient, even if such payment is not required by an order

12 of the Governor under subsection (a), so long as the total

13 payments received under subsection (a) and this subsection

14 do not exceed the actual cost of care and treatment.


16 SEC. 129. A United States Commissioner, the witnesses,

17 and the jurymen, if any, in proceedings for judicial hos-

18 pitalization shall be entitled to the same compensation and

19 mileage as in civil actions. All compensation, mileage, fees,

20 and all other expenses arising from judicial hospitalization

21 proceedings shall be audited and allowed by the district judge

22 of the division in which said proceedings are held, and when

23 so audited and allowed shall be paid by the clerk of the

24 court in said division in the same manner and from the same

25 fund as he pays the other incidental expenses, of the court.


1 To the extent that services of a United States marshal or

2 deputy marshal are utilized to carry out the provisions of this

3 title, such marshal or deputy marshal shall be entitled to

4 fees and actual expenses from the same source and in the

5 same manner as for their other official duties.



8 SEC. 201. Title III of the Public Health Service Act,

9 as amended, is hereby amended by adding thereto a new

10 part as follows:



13 "SEC. 371. (a) There are hereby authorized to be ap-

14 propriated the following sums to be available to the Surgeon

15 General of the Public Health Service for the purpose of mak-

16 ing grants to the Territory of Alaska to assist it to carry out

17 plans, submitted by the Governor of the Territory or his

18 designee and approved by the Surgeon General, for an inte-

19 grated mental health program for the Territory, including

20 the outpatient and inpatient care and treatment of the men-

21 tally ill as defined in title I of the Alaska Mental Health Act:

22 For each of the fiscal years ending June 30, 1957, and June

23 30, 1958, the sum of $1,000,000; for each of the fiscal years

24 ending June 30, 1959, and June 30, 1960, the sum of

25 $800,000; for each of the fiscal years ending June 30, 1961,


1 and June 30, 1962, the sum of $600,000; for each of the

2 fiscal years ending June 30, 1963, and June 30, 1964, the

3 sum of $400,000; and for each of the years ending June 30,

4 1965, and June 30,1966, the sum of $200,000.

5 (b) The Surgeon General shall, prior to the beginning

6 of each calendar quarter or such shorter period as the Sur-

7 geon General may find necessary, estimate the cost of carry-

8 ing out the approved plan, on the basis of estimates furnished

9 by the Territory, including estimates of the amount of con-

10 tractual obligations for the hospitalization of the mentally

11 ill, and on the basis of such further investigations as he

12 may find necessary. From the amounts appropriated for

13 any fiscal year, the Surgeon General shall pay to the Terri-

14 tory the amount requested by it but not to exceed the

15 amount so estimated by the Surgeon General for each such

16 period, reduced or increased, as the case may be, by any

17 sum (not previously adjusted under this section) by which

18 he finds that the amount paid for any prior period was

19 greater or less than the amount which should have been

20 paid. The amount of any balance of payments made to

21 the Territory under this section and remaining unobligated

22 on July 1, 1966, shall be repaid to the Treasury of the

23 United States.

24 (c) Whenever the Surgeon General finds, after af-.

25 fording opportunity for hearing, that the Territory has failed


1 to comply substantially with any provisions of the approved

2 plan, he shall notify the Governor that no further payments

3 will be made under this section (or that further payments

4 will not be made for parts of the plan affected by such

5 failure) until he is satisfied that there will no longer be any

6 such failure.

7 (d) The Surgeon General is authorized to enter into

8 arrangements with the Territorial government to provide for

9 the care and treatment, in hospitals operated by the

10 Service, of patients requiring hospitalization on account of

11 mental illness. Such arrangements shall be subject to the

12 availability of suitable facilities therefor and shall provide

13 for charges to the Territorial government in amounts de-

14 termined by the Surgeon General which shall be sufficient to

15 cover the full cost of such care and treatment. Upon pay-

16 ment by the Territory the amount of such charges shall be

17 credited to the appropriation from which such costs were

18 incurred: Provided, That, during the period of grants under

19 this section, payment may be effected by deductions from the

20 amount of such grants otherwise payable to the Territory,

21 with such deductions to be credited to the appropriation

22 from which such costs were incurred.

23 (e) The Governor of Alaska is hereby authorized,

24 until April 1, 1957, and without further authorization from

25 the Territorial legislature, to expend such funds as may be


1 made available to the Territory of Alaska pursuant to this

2 section.


4 SEC. 372. (a) There is hereby authorized to be appro-

5 priated an amount not exceeding the total sum of $6,500,000,

6 to remain available until expended, to enable the Surgeon

7 General to make payments. to the Territory of Alaska as

8 the total contribution of the Federal Government to be used

9 in the construction of hospital and other facilities in Alaska

10 needed for the carrying out of a comprehensive program for

11 the mentally ill as defined in title I of the Alaska Mental

12 Health Act.

13 (b) Such facilities shall be scheduled for construction

14 in accordance with a comprehensive construction program,

15 developed by the Territory in consultation with the Public

16 Health Service and approved by the Surgeon General.

17 Projects shall be constructed in accordance with such ap-

18 proved program and in accordance with plans and specifica-

19 tions for the project approved by the Surgeon General.

20 "(c) Upon certification by the Territory, based upon

21 inspection by it, that work has been performed upon a proj-

22 ect, or purchases have been made in accordance with ap-

23 proved plans and specifications, and that payment of an

24 installment is due, the Surgeon General shall certify such

25 installment for payment: provided, however, that the


1 Surgeon General may cause the project to be inspected at

2 any time, and if such inspection indicates that the project

3 is not being constructed in accordance with approved plans

4 and specifications, he may, after notice and affording oppor-

5 tunity for hearing, withhold further payment until he finds

6 that adequate corrective measures have been taken.

7 (d) The term 'construction' means the amount found

8 necessary by the Surgeon General for the construction of

9 a project and includes the construction and initial equipment

10 of buildings (including medical transportation facilities),

11 architects and engineering fees, the cost of land acquired

12 specically for the purpose of the project, and on-site

13 improvements.

14 (e) If, within twenty years from the date of comple-

15 tion of construction, any hospital or other medical facility

16 constructed with the aid of grants under this section shall

17 cease to be a publicly owned facility operated for the care

18 of the mentally ill, the United States shall be entitled to

19 recover from the Territory the then value of the hospital

20 or other medical facility reduced, however, proportionately

21 to the extent to which the Territory may have contributed

22 to the cost of construction thereof."


24 SEC. 202. (a) The Territory of Alaska is hereby

25 granted and shall be entitled to select, within ten years


1 from the effective date of this Act, not to exceed one

2 million acres from the public lands of the United States

3 in Alaska which are vacant, unappropriated, and un-

4 reserved at the time of their selection: Provided, That

5 nothing herein contained shall affect any valid existing rights.

6 All lands duly selected by the Territory of Alaska pursuant to

7 this section shall be patented to the Territory by the Secre-

8 tary of the Interior.

9 (b) The lands authorized to be selected by the Terri-

10 tory of Alaska by subsection (a) of this section shall be

11 selected in such manner as the laws of the Territory may

12 provide, and in conformity with such regulations as the

13 Secretary of the Interior may prescribe. The authority to

14 make selections shall never be alienated or bargained away,

15 in whole or in part, by the Territory. All selections shall

16 be made in reasonably compact tracts, taking into account

17 the situation and potential uses of the lands involved. Upon

18 the revocation of any order of withdrawal in Alaska, the

19 order of revocation shall provide for a period of not less than

20 ninety days before the date on which it otherwise becomes

21 effective during which period the Territory of Alaska shall

22 have a preferred right of selection, subject to the require-

23 ments of this Act, except as against prior existing valid rights

24 or as against equitable claims subject to allowance and con-

25 firmation. Such preferred right of selection shall have prece-


1 dence over the preferred right of application created by

2 section 4 of the Act of September 27, 1944 (58 Stat. 748;

3 43 U. S. C., sec. 282) as now or hereafter amended, but

4 not over other preference rights now conferred by law. As

5 used in this subsection, the words "equitable claims subject

6 to allowance and confirmation" include, without limitation,

7 claims of holders of permits issued by the Department of

8 Agriculture on lands eliminated from national forests, whose

9 permits have been terminated only because of such elimina-

10 tion and who own valuable improvements on such lands.

11 (c) All grants made or confirmed under this section

12 shall include mineral deposits.

13 (d) Following the selection of lands by the Territory

14 and the approval of such selection by the Secretary of the

15 Interior, but prior to the issuance of final patent, the Terri-

16 tory shall be authorized to lease and to make conditional

17 sales of such selected lands.

18 (e) All lands granted to the Territory of Alaska under

19 this section, together with the income therefrom and the

20 proceeds from any dispositions thereof, shall be administered

21 by the Territory of Alaska as a public trust and the income

22 therefrom shall first be applied to meet the necessary ex-

23 penses of the program for the hospitalization and care of

24 the mentally ill in Alaska. Such lands, income, and pro-

25 ceeds shall be managed and utilized in such manner as the


1 Legislature of Alaska may provide. Such lands, together

2 with any property acquired in exchange therefor or ac-

3 quired out of the income or proceeds therefrom, may be

4 sold, leased, mortgaged, exchanged, or otherwise disposed

5 of in such manner as the Legislature of Alaska may

6 provide, in order to obtain funds or other property to be

7 invested, expended, or used by the Territory of Alaska. The

8 authority of the Legislature of Alaska under this subsection

9 shall be exercised in a manner compatible with the conditions

10 and requirements imposed by other provisions of this Act.



13 SEC. 301. (a) The following Acts and all amendments

14 thereto and parts of Acts and all amendments thereto are

15 repealed:

16 (1) Section 8 of the Act of January 27, 1905 (33

17 Stat. 619; 48 U. S. C., sec. 47) ;

18 (2) Section 7 of the Act of February 6, 1909 (35 Stat.

19 601; 48 U. S. O., sec. 46) ;

20 (3) Act of June 25, 1910 (36 Stat. 852 ; 48 U. S. C.,

21 sec. 46b) ;

22 (4) Act of April 24, 1926 (44 Stat. 322; 48 U. S. C..

23 sets. 50 and 50a) ; and

24 (5) Act of October 14, 1942 (56 Stat. 782; 48


1 U. S. C., sets. 46, 460, 47a, 47b, 470, 48, 48a, 50, 50a) :

2 Provided, That the Secretary of the Interior shall retain the

3 authority conferred upon him by the Act of April 24, 1926,

4 as amended (48 U. S. C., sets. 50, 50a), with respect to

5 the moneys and personal property of any patient who has

6 died or eloped prior to the effective date of this Act.

7 (b) Any rights or liabilities now existing under the

8 Acts, the amendments thereto, and parts of Acts referred

9 to in subsection (a) hereof shall not be affected by this

10 repeal.


12 SEC. 302. (a) Within thirty days from the date of

13 enactment of this Act, the Secretary of the Interior, with the

14 concurrence of the Governor of Alaska, shall either (i)

15 assign ail of his rights and duties under contract numbered

16 13-04-001-81, entered into one June 18, 1953, between the

17 Secretary of the Interior on behalf of the United States, and

18 the Sanitarium Company of Portland, Oregon, to the Terri-

19 tory of Alaska, such an assignment to become effective on

20 the effective date specified in section 304 hereof, or (ii)

21 terminate the said contract in accordance with the terms

22 thereof. Upon such assignment, such contract shall have

23 the same binding effect upon the Territory as would a con-

24 tract negotiated pursuant to section 102 (b) of this Act.


1 (b) On the effective date of this Act, so much of all

2 unexpended balances of appropriations as are available to

3 the Department of the Interior for the care of the Alaska

4 insane shall be transferred to the Governor of Alaska, to

5 be available for expenditure by him for the administration

6 of this Act, and the Secretary of the Interior shall, as soon as

7 practicable, after the date of enactment hereof, before or

8 after the effective date of this Act, transfer to the Governor

9 of Alaska all papers and documents used primarily in the

10 administration of all laws pertaining to the Alaska insane.

11 (c) Until July 1, 1956, expenses for the transportation

12 to a hospital outside of Alaska of all patients hospitalized

13 pursuant to section 108 of title I of this Act shall be paid

14 by the Department of Justice.


16 SEC. 303. If any portion of this Act or the application

17 thereof to any person or circumstance is held invalid, the

18 remainder of the Act and the application of such provision

I9 to other persons or circumstances shall not be affected

20 thereby.


22 SEC. 304. Except as otherwise provided in section 302

23 hereof, this Act shall become effective on the two hundred


1 and tenth day immediately following the date of its enact-

2 ment.

Passed the House of Representatives January 18, 1956.