84th CONGRESS 2nd Session H.R. 6376 IN THE SENATE OF THE UNITED STATES JANUARY 19 (legislative day, JANUARY 16), 1956 Read twice and referred to the Committee on Interior and Insular Affairs AN ACT 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." TABLE OF CONTENTS Sec. 1. Short title and table of contents. sec. 2. Purpose. Sec. 3. Powers of the Territorial Government. TITLE I HOSPITAIZATION OF TEE MENTALLY ILL Sec. 101. Definitions. Sec. 102. Powers of the Governor. Sec. 103. Authority to rscceive patients. (a) On application by patient or by guardian of minor. (h) On application by others. VI. TABLE OF CONTENTS-Continued TITLE I - HOSPITALIZATION OF THE MENTALLY ILL--Continued Sec. 104. Emergency hospitalization. (a) Upon medical certification and endorsement. (b) Without certification or endorsement. Sw,. 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. Nospitalization 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 B hospital. (b) Subject to court order pending judicial determination. (c) Subject to order of court in criminal prowdings. Sec. 111. Writ of habeas corpus. SBC. 112. Appeal from decision or order of United States Commissioner. Sec. 113. Transport&ion. Sec. 114. Notice of hospitalization. Sec. 116. Right to humane care and treatment. See. 118. Mechanical restraints. Sec. 117. R?ght to communicate tind 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.~ Sac. 123, Discharge upon medical review and certification. Sec. 124. Provision for personal needs of B patient on discharge. Se..% 125. Disposition of unclaimed fun& of patients. Sec. 126. Disposition of funds subject to claim. sec. 127. Qii1osure of information. Set 128. Liability for expense of hospitalization. Sea. 129. Fm and expenses for judicial proceedings. Sec. 201. Speoial grants to Alaska for mental health. Sec. 202. Landgrant. Sec. 301. Laws rep&ad. Sec. 302. Existing contract and appropriations. Sea 303. Separability. Sec. 304. Effective data 1 PURPOSE 2 SEC. 2. The purpose of this Act is to transfer from the 3 Federal Government to the Territory of Alaska basic respon-.3 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 5 6 7 8 9 10 11 12 13 14 1 5 1 6 1 7 1 8 19 20 21 2 2 2 3 (a) to modernize procedures for such hospitalization (including commitment) , care, and treatment and to authorize the Territory to modify or supersede such procedures; (b) to assist in providing for the Territory neces; sary facilities for a comprehensive mental-health pro-gram in Alaska, including inpatient and outpatient facilities ; (c) to provide for a land grant to the Territory :to assist in placing the program oti a firm long-term basis; ma (a) to provide for a ten-year program, of grants-in-aid to the Territory to enable the Territory gradually to assume the full operating costs of the program. POWERS OF THE TERRITORIAL. QOVERNMENT SEC. 3. (a) The Territory of Alaska is hereby author-ized to appropriate such sums from the public money of Alaska for the administration of its responsibilities under this Act as it may deem appropriate. (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.4 1 hereby authorized to enact such laws as it may deem appro-2 p&e relating to the hospitalization (inoluding 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. 6 TITLE I-HOSPITALIZATION 0%' THE 7 MENTALLY ILL 8 DEFINITIONS 9 SEC. 101. As used in this title-10 (a) The term "Alaska" means the Territory of Alaska. ll (b) The term "designated examiner" means a licensed 12 physician designated by the Governor as specially qualified, 13 under standards established by hi for the purpose of this I4 title, in the diagnosis of mental or related illness: Provided, I5 That, for areas in which no licensed physician so qualified I6 is available, any licensed physician may be designated. 17 (0) The term "Governor" means the Governor of la Alaska. 19 (d) The term "head of a hospital" means the individual 2o 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 oise of medical judgment shall be exercised by the highest g5 licensed medical official of the hospital..5 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. 1 2 (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 vi&d 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. 2 1 (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., 6 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 indetite 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 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. 1 9 (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). 2 3 POWERS OF THL4 CXXERNOR 24 SEC. 102. Except insofar as this title speci6cally confers 25 oertain powers8 duties, and functions upon others, the Gov-.7 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 6 7 8 9 1 0 1 1 12 1 3 14 1 5 1 6 1 7 18 19 20 21 22 23 24 25 (a) to designate hospitals equipped and otherwise qualified to provide inpatient care and treatment for individuals who are mentally ill; (b) to (1) provide for the hospitalization of men-tally ill patients in designated hospitals of Alaska, (2) enter into arrangements with the Surgeon General of the Public Health Service for the care and treatment of such patients in hospitals of the Service in Alaska, (3) neg+ tiate and enter'into contracts with any hospital in Alaska for the care and treatment of such patients, and (4) negotiate and enter into contracts, which shall incorpo-rate safeguards consistent with the provisions of this title, with any hospital in the continental United States for the care and treatment of such patients ; (0) to prescribe the form of applications, records, reports, and medical certificates required by this title, and the information to be contained therein ; (d) to require reports from the head of a hospital concerning the care of patients; (e) to visit each hospital to'. i&ibw~~ methods .of care for all patients:.8 (f) to investigate complaints made by a patient or an interested party on behalf of a patient; (g) to establish such rules and regulations not in-consistent with the provisions of this title as he may find to be reasonably necessary for the proper and effi-cient administration of this title; and (h) to delegate to any officer or agency of the Territorial flovernment of Alaska any of the duties and powers imposed upon him by this title. AUTHORITY TO RECEIVE PATIENTS SEC. 103. The head of any hospital which has been des-igna, ted by the CIovernor pursuant to section 102 is author-ized to receive therein for observation, diagnosis, care, and treatment any individual whose admission is applied for I 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 15 under one of the following procedures: 16 On Application by Patient or by Gtuardian of Minor. 17 (a) Any individual who is mentally ill or who has 1 8 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 2 2 under sixteen years of 'age who is mentally ill or has symp-23 toms of mental ihess may be admitted if his parent or legal 24 guardian applies therefor in his behalf..9 1 ON APPLIUATION BY OTHERS 2 (b) Any individual may be admitted for care and 3 treatment in a hospital upon written application by an iuter-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 3 held not more than fifteen days prior to the individual's 3 admission, 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)' 13 being in need of care or treatment in a hospital, lacks suf-13 ficient insight or capa,city to make responsible application 14 in his own behalf. 15 EMEEGENOY HOSPITAIJZATION 16 Upon Medical Cert&ation and Endorsement 1 7 SEC. 104. (a) If the certificate by a licensed physician 18 under section 103 (b) states a belief that the individual is , 13 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 certi6cate for such pur-23 pose by the Governor or by a United States Commissioner, H. R. 6376-2.10 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 hi 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. l5 EXAMINATION OF NEWLY ADMITTED PATIENTS ; DISCHAEQE 16 BY HOSPITAL 1 7 ~EC. 105. The head of the hospital shall arrange for an 19 examination by a designated examiner of every patient 19 hospitalized pursuant to section 103 (b) or section 104 s 39 within a period not to exceed five days after the day of 91 admission. At the end of such period, any patient so 92 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 ZJ certify to the head of the hospital that in his opinion the.1 1 1 patient is mentally ill and either is likely to injure himself 2 or others if allow'ed 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. 5 RIGHT TO DISCHAIWE ON APPLICATION; EMERQENCY 6 DETENTION 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 1 0 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; 1 7 (3) if the head of a hospital, within 48 hours from 1 8 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 2 2 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 2 5 section 108: Provided, That if the United States COUP.12 1 missioner finds that, because of circumstances beyond * 2 control, proceedings for judicial hospitalization cannot 11 2 reasonably be institut~ed 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 mahmg and 9 presenting requests for discharge. 1 0 PETITION FOR JTJDICIAL DETERIKINATION 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 13 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. 2 2 HOSPITALIZATION UPON COURT ORDER; JUDICIAL 23 PROCEDURE 24 SEC. 108. (a) An interested party, a licensed physician, "5 a health officer, or the Governor may, by filing a written.! 13 1 application with a United States Commissioner, commence 2 proceedings for the hospitalization of an individual by judi-3 oial commitment. Any such application shall be aooom-4 parried 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 ~applioant that the individual 6 has refused to submit to examination by a licensed physician. 9 (b) Upon receipt of an application, the. United States 16 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 pat.ient, 15 notice to hi may be omitted. 16 (c) As soon as practicable after notice of the oom-17 mencement of proceedings is given or it is determined that 18 notice to the proposed patient should be omitted, the United 12 States Commissioner shall appoint two designated examiners 2 0 except that when he finds that two such examiners are 2 1 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.14 1 medical facility, at the home of the proposed patient, or at 2 any other s&able 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 hii to submit to such examination. 10 (e) If the report of the designated examiners states 11 tha.t the proposed patient is not mentally ill, the ,Unitea 1 2 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 piesent 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-.15 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 6 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 3 offered concerning the mental condition and the residence 3 of the proposed patient and shall not be bound by the rules 16 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 I4 prior to the date ftxed for the hearing, the proposed patient, l5 his counsel, or any member of his immediate family files~:a 16 written request with the United States Commissioner therefor, 1 7 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. 2 0 (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-.16 1 (1) is mentally ill;ana 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, X the United States Commissioner shall order his hospitaliza-2 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. 1 2 If the United States Commissioner orders the hospitalization 13 of the proposed patient, he shall issue a finding on the legal I4 '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 12 further inquiry as he may deem appropriate, order either in-12 determinate hospitalization of the patient or dismissal of the l 2O 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.17 I 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 oommenced 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. 1 0 COMMITMENT TO AN AQENCY OF THE UNITED STATES 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 oerti&ate 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-I8 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 withm 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.Hi I 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-3 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 &ion 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 2 1 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 a,uthority of the Chief officer of any hospital or insti-2 4 tution operated in Alaska by any agency of the United States 18., L I I I t I 3 I 19 1 to retain custody, transfer, conditionally release, or discharge 2 the individual hospitalized. 3 DETENTION UNDER SPECIAL CIRCUMSTANCES 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-3 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. 1 6 (b) Notwithstanding any other provision of this title, 1'7 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 applic* 23 tion of the patient or of an interested party. 2 4 (c) No patient held on order of a court or judge having.20 1 criminal jurisdiction in any action or proceeding arising out 2 of a criminal offense shall be discharged except upon order 2 of a court of competent jurisdiction. 4 WRIT OF HAREAS CORPUS 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. 1 0 APPDAL FROlf DECISION OR ORDER OF UNITED STATE8 11 COMMISSIONER 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.21 1 by the law applicable generally to appeals from the District 2 Court for the Territory of Alaska. 3 TUNSPORTATXON 4 SEC. 113. Whenever an individual is about to be hospi-5 talized under the provisions of this title, the Qovernor shall 6 arrange, upon the request of a person having a proper inter-7 est in the individual's hospitalization, for them individual's 6 transportation to the hospital, with appropriate medical or 9 nursing attendants and by such means as may be suitable for 16 the patient's medical condition. Whenever practicable, the 11 individual to be hospitalized shall be petitted to be wcom-12 parried by one or more of his relatives or friends who shall 13 travel at their own expense. When nedessary, the Governor 14 shall arrange for a police officer to accompany the individual. 1 5 NoTICEOFHOSPITALIZATION 1 6 SIKL 114. Whenever a patient has been admitted to a 1' 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 km, if known. The head of the hospital admitting an mdi-21 vidual under any provision of this title, or disoharging IUI H. R. 63'76---4.;! 22 z 1 individual soadmitted, shall forthwith make a, report thereol ! t ~ 2 to the Governor. F 3 ItIaHTTOHUMANEOs&EANDTREATMENT i: : 4 :. : SEO. ,ll:.% Every patient shall be ,entitled to humane care z. 2 % 5 and treatment and, to the extent ,that facilities, equipment, ? 2' 6 and persomrel'are available, to medical care and treatment : 5 7 ,&accordance with the highest standards accepted in medical 5 :: 8, 'pmetioe. 5. f?. 0 9 ' MECHANICALRESTRAINTS~ g s. 10'~ S&J. 116. Mechanical restraints shah not be' applied to 5 .A 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 nor ,his designee. 17, ximm ~6, COI~MUNIOATE AND VISITATION; EXERCISE OF 1 8 ' OIVIL RIGHTS 19 SEC. 117. (a) Subject to the general rules and regula-26 tions:of the hospital and except'to the ~extent that the hea,d 21: of the hospital determines that it is necessary' for the medi-22 cal welfare of the patient to impose restrictions, every patient g3 shall be entitled-24 (1) to communicate by sealed mail or otherwise.23 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 heaa 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. 18 TRANSFER OF PATIENTS GENERALLY 19 SEC. 118. (a) The Gtovemor 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.24 1 any other interested party. In all such transfers, due oon-2 sideration shall be given to the relationship of the patient to 3 his family, legal guardian, or friends, BO as to maintain re-4 lationships and encourage visits beneficial to the patient. 5 (b) Upon receipt of a oertifloate from an agency of the 6 United States that accommodations a.re available for the case 7 of any individual heretofore ordered hospitalized pursuant t,o 8 law or hereafter hospitalized pursuant to section 108 of this 9 title in any hospital for 'care or treatment of the mentally ill, 1 0 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 &red 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 n&led immediately of the 17 transfer by the Governor. No person shall be transferred 13 to an agency of the United States if he is confined pursuant 16 to conviction of any felony or misdemeanor, or if he has been 26 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 oonilnement of such person 2 3 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.25 1 to be hospitalized by that agency pursuant to the original 2 order of hospitalization. 3 TRANSFER OF NONRESIDENT PATIENTS 4 SEC. 119. (a) The admission papers of any person hos-5 pitdzed pursuant to this title shall include a statement aa 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 S, resident of Alaska to the State 9 in which he has legal residence. In addition, the Governor 1 0 is authorized to transfer any other patient who is not a resi-1 1 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 certged by the head y 1: 16 of a hospital to be dangerous to himself or to others, the I I 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 d&ned in section 101 (m) ) , shall mean 21 only a State which ha,s agreed to the transfer or return of 22 patients hospitalized pursuant to this title. 2 3 (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.26 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 froxn 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 shd be borne by the State making the 11 transfer. 12 (o) The Governor is hereby further authorized to enter 13 into a reciprocal agreement with any State providing for the 14 care and trea.tmetit of mentally ill residents of Alaska by such I5 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 (0) 18 of this section, due consideration shall be given to the re-19 lationsbip of the pa,tient to his family, legal guardian, or z" friends, so as to maintain relationships and encourage visits 21 beneficial to the patient. 22 CONTRACT (IARE OUTSIDE ALASKA; RIGHTS UNDRR 23 STATE LAW 24 SEC. 120. Nothing in this Act shall be deemed to 25 alter or impair the application or availability to any patient,.27 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. 5 RBLEASE ON CONVALESCENT STATUS 6 SEC. 121. The hea,d 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-1 0 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 oon-16 valescent status and, if he determines that in view of the 17 condition of the patient hospitalization is no longer necessary, 13 he shah discharge the patient. 1 9 l?,EADMISSION 2 0 SEC. 122. At any t~ime 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, 2 5 the Governor or the head of the hospital may issue an order.28 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 hii. 8 DISCHARClE UPQN MEDICAL REVIEW AND GERTIFICATION 9 SEO. 123. The head of a hospital shall cause the condi-10 tionof 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 l4 discharged. If the patient was admitted on other than his I5 own application, notice of such discharge shall be given to I6 the patient's legal guardian, parent or parents, spouse, or next l7 of kin, if known, and, if the patient was hospitalized by judi-I8 cial process, to the United States Commissioner who ordered lg him to be committed. 20 PROVISION FOR PERSONAL NEEDS OF A PATIENT ON 21 DISCEfARQE 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.29 1 (b) that anyindigent patient discharged is furnished 2 suitable transportation for his return home and an 3 amount of money not exceeding $50. 4 DISPOSITION OF UNOLAIMED FUNDS OF PATIENTS 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-3 ing in the custody of the head of the hospital, shall, if 3 uncla~imed 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-l4 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-13 ing the hospital, shall be covered into the Treasury of the lg Territory of Alaska. 20 DISPOSITION OF FUNDS SUBJECT TO CLAIM 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.30 1 in the custody of the hea,d 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. 8 DISCLOSURB OF INFORMATION 9 SEU. 127. (a) A11 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 coufldential and shall not be disclosed 16 by any person except insofar-17 (1) as the individual identi6ed or his legal guard-1 8 ian, if any (or, if he be a minor, his parent or legal 1 9 guardian), shall consent; or 20 (2) as disclosure may be necessary to carry out 2 1 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..31 1 (b) Nothing in this seotiqn shall preclude disclosure, 2 upon proper inquiry, of information concerning current m& 3 oal condition to the members of the family of a patient or 4 to his relatives or friends. 5 (0) 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. 9 LIABILITY FOE EXPENSE OF HOSPITALIZATION 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 &cl to be within their abil-16 ity to pay: Provided, That such charges shall in no oa,se 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 23 their ability to pay, such persons shall be ordered to pay, to 24 the extent of their ability, charges accruing during the period 25 of such concealment. The Governor may cause to be made.32 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 1 0 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. 1 5 FEES AND EXPENSES FOR JUDICIAL PROCEEDINQS 1 6 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 proceed,ings 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..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 a,ctual expenses from the same sourtie and in the 5 same manner as for their oth,er official duties. 6 TITLE II-GRANTS 7 SPECIAL GRANTS TO ALASKA FOR MRNTAI, &UI,TH 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: 11 "PART H-GRANTS TO ALMU FOR MENTAL HEALTH 12 "OR~TSFOIlBL~~~NT~HEdLTHP~~~ 13 "SEU. 3'71. (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 ime-19 grated mental health program for the Territory, including 20 the outpatient and inpatient care and treatment of the men-21 tally ill as de3ned in title I of the Alaska Mental Health Act: 2 2 For each of the fiscal years ending June 30, 1957, and June 23 30, 19!j8, the SW 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, 33 1 To the extent that services of a United States marshal or.34 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, includmg 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 26 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 fmds, after af- . 25 fording opportunity for hearing, that the Territory has failed.35 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 13 such failure. 7 " (d) The Surgeon General is authorized to enter into 8 arrangements with the Territorial government to provide for g 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, 195'7, and without further authorization from 25 the Territorial legislature, to expend such funds as may be.36 1 made available to the ~Territory of Alaska pursuant to this 2 section. 3 "PAYBIENTS FOk CONSTRUCTION OF HOSPITAL FACILITIES 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-16 proved program and in accordance with plans and specifica-19 tions for the project approved by the Surgeon General. 20 "(a) 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: Protided, however, That the.37 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 "(Cl) 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 speci&ally for the purpose of the project, and on-site 13 improvements. 1 4 " (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 13 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 23 to the cost of construction thereof." 23 LAND ORANT 24 SEO. 292. (a) The Territory of Alaska is hereby 35 granted and shall be entitled to select, witbin ten years.38 I from the effective date of this Act, not to exceed one z 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 affeot any valid existing rights., 6 All lands duly seleoted 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 seleoted 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 seleotions 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 &nation. Suoh~ preferred right ,of selection ihalVhave prece-.@ _. 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 olaims 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-1 0 tion and who own valuable improvements on such lands. 1 1 (c) All grants made or confirmed under this section 12 shall include mineral deposits. 33~ (d) Following the selection of lands by the Territory 'j& and the approval of such selection by the Secretary of the ,,' ~'$6 Interior, but prior to the issuance of final patent, the Terri-,%). tory shall be authorized to lease and to make conditional I7 sales of such selected lands. 13 (e) AU lands granted to the Territory of Alaska under lg this section, together with the income therefrom and the 2O 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 a,s the.,40 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. 11 TITLE III-MISCELLANEOUS PROVISIONS 1 2 LAWS EBPEALED 13 SEO. 301. (a) The following Acts and all amendments 14 thereto and parts of Acts and all amendments thereto are 15 repealed: 1 6 (1) Section 8 of the Act of January 27, 1905 (33 17 Stat. 619; 48 U. S. C., sec. 47) ; 1 8 (2) Section 7 of the Act of February 6, 1909 (35 Stat. 19 601; 48 U. S. O., sec. 46) ; 2 0 (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; 48.41 1 U. S. C., sets. 46, 460, 47a, 47b, 470, 48, 48a, 50, 50a) : 2 Provided, That the Secretary of the Interior shah retain the 3 authority conferred upon him by the Act of April 24, 1926, 4 as amended (48 U. S. C., sets. 50, 5Oa), 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 liabii&s now existing under the 8 Acts, the amendments thereto, and parts of Acts referred 9 to in subsection (a) hereof shah not be affected by this 10 repeal. 11 EXISTINQ CONTRACT AND APPROPRIATIONS 12 SEU. 302. (a) Within thirty days from the date of 1 3 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 1 7 Secretary of the Interior on behalf of the United States, and 16 the Sanitarium Company of Portland, Oregon, to the Terri-19 tory of Alaska, such an assignment to become effective on 26 the effective date specsed 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..42 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 shsll be transferred to the Governor of Alasks, 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 We of enactment hereof, before or 8 after the effective date of this Act, transfer to the Cfovernor 9 of Alaska all papers and documents used primarily in the 1 0 administration of sjl 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 1% by the Department of Justice. 15 BEPA.YEABmI~ 16 SEU. 303. If any portion of this Act or the application I7 thereof to any person or circumstance is held invalid, the l8 remainder of the Act and the application of such provision I9 to other persons' or circumstances shall not be affected 2o thereby. 21 EFFECTIVE DA'l!E 22 SEO. 304. Except as otherwise provided in section 302 23 hereof, this Act shall become effective on the two hundred.43 1 and tenth day immediately following the date of its enact-2 merit. Passed the House of Representatives January 18, 1956. Sttest: RALPH R. ROBERTS, Clerk.