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Enrolled SB 23: 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 Enrolled SB 23                                                                                                          
01 Relating to the practice of pharmacy; relating to the dispensing of opioid overdose drugs by a                          
02 pharmacist; relating to opioid overdose drugs and to immunity for prescribing, providing, or                            
03 administering opioid overdose drugs; and providing for an effective date.                                               
04                           _______________                                                                               
05    * Section 1. AS 08.80.030(b) is amended to read:                                                                   
06            (b)  In order to fulfill its responsibilities, the board has the powers necessary                            
07       for implementation and enforcement of this chapter, including the power to                                        
08                 (1)  elect a president and secretary from its membership and adopt rules                                
09       for the conduct of its business;                                                                                  
10                 (2)  license by examination or by license transfer the applicants who are                               
11       qualified to engage in the practice of pharmacy;                                                                  
12                 (3)  assist the department in inspections and investigations for                                        
13       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 in                                  
18       part, 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 in                                  
13       part, 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).