HCS CSSB 23(JUD): "An Act relating to the practice of pharmacy; relating to the dispensing of opioid overdose drugs by a pharmacist; relating to opioid overdose drugs and to immunity for prescribing, providing, or administering opioid overdose drugs; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 23(JUD) 01 "An Act relating to the practice of pharmacy; relating to the dispensing of opioid 02 overdose drugs by a pharmacist; relating to opioid overdose drugs and to immunity for 03 prescribing, providing, or administering opioid overdose drugs; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.80.030(b) is amended to read: 07 (b) In order to fulfill its responsibilities, the board has the powers necessary 08 for implementation and enforcement of this chapter, including the power to 09 (1) elect a president and secretary from its membership and adopt rules 10 for the conduct of its business; 11 (2) license by examination or by license transfer the applicants who are 12 qualified to engage in the practice of pharmacy; 13 (3) assist the department in inspections and investigations for 14 violations of this chapter, or of any other state or federal statute relating to the practice
01 of pharmacy; 02 (4) adopt regulations to carry out the purposes of this chapter; 03 (5) establish and enforce compliance with professional standards and 04 rules of conduct for pharmacists engaged in the practice of pharmacy; 05 (6) determine standards for recognition and approval of degree 06 programs of schools and colleges of pharmacy whose graduates shall be eligible for 07 licensure in this state, including the specification and enforcement of requirements for 08 practical training, including internships; 09 (7) establish for pharmacists and pharmacies minimum specifications 10 for the physical facilities, technical equipment, personnel, and procedures for the 11 storage, compounding, and dispensing of drugs or related devices, and for the 12 monitoring of drug therapy; 13 (8) enforce the provisions of this chapter relating to the conduct or 14 competence of pharmacists practicing in the state, and the suspension, revocation, or 15 restriction of licenses to engage in the practice of pharmacy; 16 (9) license and regulate the training, qualifications, and employment of 17 pharmacy interns and pharmacy technicians; 18 (10) issue licenses to persons engaged in the manufacture and 19 distribution of drugs and related devices; 20 (11) establish and maintain a controlled substance prescription 21 database as provided in AS 17.30.200; 22 (12) establish standards for the independent administration by a 23 pharmacist of vaccines and related emergency medications under AS 08.80.168, 24 including the completion of an immunization training program approved by the board; 25 (13) establish standards for the independent dispensing by a 26 pharmacist of an opioid overdose drug under AS 17.20.085, including the 27 completion of an opioid overdose training program approved by the board. 28 * Sec. 2. AS 08.80.168(b) is amended to read: 29 (b) In this section, 30 (1) "opioid overdose drug" has the meaning given in AS 17.20.085; 31 (2) "related emergency medication" includes an epinephrine injection
01 or other medication for the treatment of a severe allergic reaction to a vaccine. 02 * Sec. 3. AS 08.80.168 is amended by adding a new subsection to read: 03 (c) A pharmacist may independently dispense an opioid overdose drug if the 04 pharmacist has completed an opioid overdose drug training program approved by the 05 board and otherwise complies with the standards established by the board under 06 AS 08.80.030(b). 07 * Sec. 4. AS 08.80.480(27) is amended to read: 08 (27) "practice of pharmacy" means the interpretation, evaluation, and 09 dispensing of prescription drug orders in the patient's best interest; participation in 10 drug and device selection, drug administration, drug regimen reviews, and drug or 11 drug-related research; provision of patient counseling and the provision of those acts 12 or services necessary to provide pharmaceutical care; the administration of vaccines 13 and related emergency medication; the independent dispensing of opioid overdose 14 drugs; and the responsibility for compounding and labeling of drugs and devices 15 except labeling by a manufacturer, repackager, or distributor of nonprescription drugs 16 and commercially packaged legend drugs and devices; proper and safe storage of 17 drugs and devices; and maintenance of proper records for them; 18 * Sec. 5. AS 09.65 is amended by adding a new section to read: 19 Sec. 09.65.340. Immunity for prescribing, providing, or administering an 20 opioid overdose drug. (a) Except as provided in (c) of this section, a person is not 21 liable for civil damages resulting from an act or omission in prescribing or providing 22 an opioid overdose drug to a person at risk of experiencing an opioid overdose or to a 23 family member, friend, caregiver, or other person in a position to administer an opioid 24 overdose drug to a person at risk of experiencing an opioid overdose if 25 (1) the person 26 (A) prescribing or providing the opioid overdose drug is a 27 health care provider; or 28 (B) providing the opioid overdose drug is an employee or 29 volunteer of an opioid overdose program; and 30 (2) each person to whom the opioid overdose drug is prescribed or 31 provided has been educated and trained in the proper emergency use and
01 administration of the opioid overdose drug by the health care provider or the opioid 02 overdose program; education and training under this paragraph may be provided by 03 any reasonable means, including through the use of electronic, video, or automated 04 education or training resources. 05 (b) Except as provided in (c) of this section, a person who administers an 06 opioid overdose drug to another person who the person reasonably believes is 07 experiencing an opioid overdose emergency is not liable for civil damages resulting 08 from an act or omission in the emergency administration of the opioid overdose drug. 09 (c) This section does not preclude liability for civil damages that are the result 10 of gross negligence or reckless or intentional misconduct. 11 (d) In this section, 12 (1) "health care provider" means a licensed physician, osteopath, 13 dentist, advanced nurse practitioner, physician assistant, nurse, village health aide, or 14 pharmacist operating within the scope of the health care provider's authority; 15 (2) "opioid" includes the opium and opiate substances and opium and 16 opiate derivatives listed in AS 11.71.140; 17 (3) "opioid overdose drug" means a drug that reverses in whole or part 18 the pharmacological effects of an opioid overdose; 19 (4) "opioid overdose program" means a program that provides opioid 20 overdose drugs to persons at risk of experiencing an opioid overdose or to a family 21 member, friend, or other person in a position to assist a person at risk of experiencing 22 an opioid overdose. 23 * Sec. 6. AS 17.20 is amended by adding a new section to read: 24 Sec. 17.20.085. Opioid overdose drugs. (a) Notwithstanding a provision or 25 rule of law to the contrary, a health care provider authorized to prescribe an opioid 26 overdose drug may prescribe an opioid overdose drug directly or by standing order or 27 protocol to a person at risk of experiencing an opioid overdose or to a family member, 28 friend, caregiver, or other person in a position to administer an opioid overdose drug 29 to a person at risk of experiencing an opioid overdose. 30 (b) An employee or volunteer of an opioid overdose program, if acting under a 31 standing order or protocol under (a) of this section, notwithstanding a provision or rule
01 of law to the contrary, may receive a supply of opioid overdose drugs, possess opioid 02 overdose drugs, and provide an opioid overdose drug to a person at risk of 03 experiencing an opioid overdose or to a family member, friend, caregiver, or other 04 person in a position to administer an opioid overdose drug to a person at risk of 05 experiencing an opioid overdose. 06 (c) In this section, 07 (1) "health care provider" means a licensed physician, osteopath, 08 dentist, advanced nurse practitioner, physician assistant, nurse, village health aide, or 09 pharmacist operating within the scope of the health care provider's authority; 10 (2) "opioid" includes the opium and opiate substances and opium and 11 opiate derivatives listed in AS 11.71.140; 12 (3) "opioid overdose drug" means a drug that reverses in whole or part 13 the pharmacological effects of an opioid overdose; 14 (4) "opioid overdose program" means a program that provides opioid 15 overdose drugs to persons at risk of experiencing an opioid overdose or to a family 16 member, friend, or other person in a position to assist a person at risk of experiencing 17 an opioid overdose. 18 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).