HB 159: "An Act relating to the prescription of opioids; establishing the Voluntary Nonopioid Directive Act; relating to the controlled substance prescription database; relating to the practice of dentistry; relating to the practice of medicine; relating to the practice of podiatry; relating to the practice of osteopathy; relating to the practice of nursing; relating to the practice of optometry; relating to the practice of veterinary medicine; related to the duties of the Board of Pharmacy; and providing for an effective date."
00 HOUSE BILL NO. 159 01 "An Act relating to the prescription of opioids; establishing the Voluntary Nonopioid 02 Directive Act; relating to the controlled substance prescription database; relating to the 03 practice of dentistry; relating to the practice of medicine; relating to the practice of 04 podiatry; relating to the practice of osteopathy; relating to the practice of nursing; 05 relating to the practice of optometry; relating to the practice of veterinary medicine; 06 related to the duties of the Board of Pharmacy; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 13 is amended by adding a new chapter to read: 09 Chapter 55. Voluntary Nonopioid Directive Act. 10 Sec. 13.55.010. Nonopioid directive; revocation; other requirements. (a) 11 An individual 18 years of age or older may execute a voluntary nonopioid directive in 12 a format prescribed by the department and available in an electronic format. The 13 instruction must state the individual's directive that the individual not be administered
01 or prescribed an opioid. 02 (b) Regulations for the implementation of the voluntary nonopioid directive 03 under this section shall 04 (1) include verification by a health care provider and comply with the 05 written consent requirements under 42 U.S.C. 290dd-2(b) and 42 C.F.R. Part 2; 06 (2) provide standard procedures for an individual to submit a voluntary 07 nonopioid directive to a health care provider or hospital; 08 (3) include appropriate exemptions for emergency medical personnel; 09 (4) ensure confidentiality of a voluntary nonopioid directive; 10 (5) ensure exemptions for an opioid used for treatment of substance 11 abuse or opioid dependence. 12 (c) An individual may revoke a voluntary nonopioid directive at any time in 13 writing or orally. An individual's guardian, conservator, or other person appointed by 14 the individual or a court to manage the individual's health care may revoke an 15 individual's voluntary nonopioid directive at any time in writing or orally. An 16 individual's guardian, conservator, or other person appointed by the individual or a 17 court to manage the individual's health care may not execute a voluntary nonopioid 18 directive on behalf of the individual. 19 (d) An individual may submit a voluntary nonopioid directive to a health care 20 provider or a hospital. 21 Sec. 13.55.020. Obligations of health care providers and hospitals. A health 22 care provider, a hospital, or an employee of a health care provider or hospital may not 23 be subject to disciplinary action by the health care provider's or the employee's 24 professional licensing board and may not be subject to civil or criminal liability for 25 failure to administer, prescribe, or dispense an opioid to an individual who has 26 executed a voluntary nonopioid directive. 27 Sec. 13.55.030. Prescriptions presumed valid. A prescription presented to a 28 pharmacy is presumed to be valid and a pharmacist shall not be subject to discipline 29 by the pharmacist's professional licensing board or held civilly or criminally liable for 30 dispensing a controlled substance in contradiction to a person's voluntary nonopioid 31 directive.
01 Sec. 13.55.040. Effect of this chapter. Nothing is this chapter shall be 02 construed to 03 (1) alter an advance health care directive under AS 13.52 (Health Care 04 Decisions Act); 05 (2) limit prescribing, dispensing, or administering an opioid overdose 06 drug; 07 (3) limit an authorized health care provider or pharmacist from 08 prescribing, dispensing, or administering an opioid for the treatment of substance 09 abuse or opioid dependence. 10 Sec. 13.55.100. Definitions. In this chapter, unless the context otherwise 11 requires, 12 (1) "department" means the Department of Health and Social Services; 13 (2) "health care provider" has the meaning given in AS 09.65.340; 14 (3) "hospital" has the meaning given in AS 13.52.268; 15 (4) "opioid" includes the opium and opiate substances and opium and 16 opiate derivatives listed in AS 11.71.140; 17 (5) "opioid overdose drug" has the meaning given in AS 09.65.340. 18 Sec. 13.55.110. Short title. This chapter may be known as the Voluntary 19 Nonopioid Directive Act. 20 * Sec. 2. AS 08.36.070(a), as amended by sec. 5, ch. 25, SLA 2016, is amended to read: 21 (a) The board shall 22 (1) provide for the examination of applicants and the credentialing, 23 registration, and licensure of those applicants it finds qualified; 24 (2) maintain a registry of licensed dentists, licensed dental hygienists, 25 and registered dental assistants who are in good standing; 26 (3) affiliate with the American Association of Dental Boards and pay 27 annual dues to the association; 28 (4) hold hearings and order the disciplinary sanction of a person who 29 violates this chapter, AS 08.32, or a regulation of the board; 30 (5) supply forms for applications, licenses, permits, certificates, 31 registration documents, and other papers and records;
01 (6) enforce the provisions of this chapter and AS 08.32 and adopt or 02 amend the regulations necessary to make the provisions of this chapter and AS 08.32 03 effective; 04 (7) adopt regulations ensuring that renewal of a license, registration, or 05 certificate under this chapter or a license, certificate, or endorsement under AS 08.32 06 is contingent upon proof of continued professional competence; regulations must 07 require that a licensee receive not less than two hours of education in pain 08 management and opioid use and addiction in the two years preceding an 09 application for renewal of a license, unless the licensee has demonstrated to the 10 satisfaction of the board that the licensee does not currently hold a valid federal 11 Drug Enforcement Administration registration number; 12 (8) at least annually, cause to be published on the Internet and in a 13 newspaper of general circulation in each major city in the state a summary of 14 disciplinary actions the board has taken during the preceding calendar year; 15 (9) issue permits or certificates to licensed dentists, licensed dental 16 hygienists, and dental assistants who meet standards determined by the board for 17 specific procedures that require specific education and training; 18 (10) require that a licensed dentist who has a federal Drug 19 Enforcement Administration registration number register with the controlled substance 20 prescription database under AS 17.30.200(o). 21 * Sec. 3. AS 08.36.110(a) is amended to read: 22 (a) An applicant for a license to practice dentistry shall 23 (1) provide certification to the board that the applicant 24 (A) is a graduate of a dental school that, at the time of 25 graduation, is approved by the board; 26 (B) has successfully passed a written examination approved by 27 the board; 28 (C) has not had a license to practice dentistry revoked, 29 suspended, or voluntarily surrendered in this state or another state; 30 (D) is not the subject of an adverse decision based upon a 31 complaint, investigation, review procedure, or other disciplinary proceeding
01 within the five years immediately preceding application, or of an unresolved 02 complaint, investigation, review procedure, or other disciplinary proceeding, 03 undertaken by a state, territorial, local, or federal dental licensing jurisdiction; 04 (E) is not the subject of an unresolved or an adverse decision 05 based upon a complaint, investigation, review procedure, or other disciplinary 06 proceeding, undertaken by a state, territorial, local, or federal dental licensing 07 jurisdiction or law enforcement agency that relates to criminal or fraudulent 08 activity, dental malpractice, or negligent dental care and that adversely reflects 09 on the applicant's ability or competence to practice dentistry or on the safety or 10 well-being of patients; 11 (F) is not the subject of an adverse report from the National 12 Practitioner Data Bank or the American Association of Dental Boards 13 Clearinghouse for Board Actions that relates to criminal or fraudulent activity, 14 or dental malpractice; 15 (G) is not impaired to an extent that affects the applicant's 16 ability to practice dentistry; 17 (H) has not been convicted of a crime that adversely reflects on 18 the applicant's ability or competency to practice dentistry or that jeopardizes 19 the safety or well-being of a patient; 20 (2) pass, to the satisfaction of the board, written, clinical, and other 21 examinations administered or approved by the board; and 22 (3) meet the other qualifications for a license established by the board 23 by regulation, including education in pain management and opioid use and 24 addiction in the two years preceding the application for a license, unless the 25 applicant has demonstrated to the satisfaction of the board that the applicant 26 does not currently hold a valid federal Drug Enforcement Administration 27 registration number; approved education may include dental school coursework. 28 * Sec. 4. AS 08.36.315 is amended to read: 29 Sec. 08.36.315. Grounds for discipline, suspension, or revocation of license. 30 The board may revoke or suspend the license of a dentist, or may reprimand, censure, 31 or discipline a dentist, or both, if the board finds after a hearing that the dentist
01 (1) used or knowingly cooperated in deceit, fraud, or intentional 02 misrepresentation to obtain a license; 03 (2) engaged in deceit, fraud, or intentional misrepresentation in the 04 course of providing or billing for professional dental services or engaging in 05 professional activities; 06 (3) advertised professional dental services in a false or misleading 07 manner; 08 (4) received compensation for referring a person to another dentist or 09 dental practice; 10 (5) has been convicted of a felony or other crime that affects the 11 dentist's ability to continue to practice dentistry competently and safely; 12 (6) engaged in the performance of patient care, or permitted the 13 performance of patient care by persons under the dentist's supervision, regardless of 14 whether actual injury to the patient occurred, 15 (A) that did not conform to minimum professional standards of 16 dentistry; or 17 (B) when the dentist, or a person under the supervision of the 18 dentist, did not have the permit, registration, or certificate required under 19 AS 08.32 or this chapter; 20 (7) failed to comply with this chapter, with a regulation adopted under 21 this chapter, or with an order of the board; 22 (8) continued to practice after becoming unfit due to 23 (A) professional incompetence; 24 (B) addiction or dependence on alcohol or other drugs that 25 impair the dentist's ability to practice safely; 26 (C) physical or mental disability; 27 (9) engaged in lewd or immoral conduct in connection with the 28 delivery of professional service to patients; 29 (10) permitted a dental hygienist or dental assistant who is employed 30 by the dentist or working under the dentist's supervision to perform a dental procedure 31 in violation of AS 08.32.110 or AS 08.36.346;
01 (11) failed to report to the board a death that occurred on the premises 02 used for the practice of dentistry within 48 hours; 03 (12) falsified or destroyed patient or facility records or failed to 04 maintain a patient or facility record for at least seven years after the date the record 05 was created; 06 (13) prescribed or dispensed an opioid in excess of the maximum 07 dosage authorized under AS 08.36.355; or 08 (14) procured, sold, prescribed, or dispensed drugs in violation of 09 a law, regardless of whether there has been a criminal action or patient harm. 10 * Sec. 5. AS 08.36 is amended by adding a new section to read: 11 Sec. 08.36.355. Maximum dosage for opioid prescriptions. (a) A licensee 12 may not issue an initial prescription for an opioid that exceeds a seven-day supply to 13 an adult patient for outpatient use. 14 (b) A licensee may not issue a prescription for an opioid that exceeds a seven- 15 day supply to a minor. At the time a licensee writes a prescription for an opioid for a 16 minor, the licensee shall discuss with the parent or guardian of the minor why the 17 prescription is necessary and the risks associated with opioid use. 18 (c) Notwithstanding (a) and (b) of this section, a licensee may issue a 19 prescription for an opioid that exceeds a seven-day supply to an adult or minor patient 20 if, in the professional judgment of the licensee, more than a seven-day supply of an 21 opioid is necessary for 22 (1) the patient's chronic pain management; the licensee may write a 23 prescription for an opioid for the quantity needed to treat the patient's medical 24 condition or chronic pain; the licensee shall document in the patient's medical record 25 the condition triggering the prescription of an opioid in a quantity that exceeds a 26 seven-day supply and indicate that a nonopioid alternative was not appropriate to 27 address the medical condition; or 28 (2) a patient who is unable to access a practitioner within the time 29 necessary for a refill of the seven-day supply because of a logistical or travel barrier; 30 the licensee may write a prescription for an opioid for the quantity needed to treat the 31 patient for the time that the patient is unable to access a practitioner; the licensee shall
01 document in the patient's medical record the reason for the prescription of an opioid in 02 a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative 03 was not appropriate to address the medical condition; in this paragraph, "practitioner" 04 has the meaning given in AS 11.71.900. 05 (d) In this section, 06 (1) "adult" means 07 (A) a person who has reached 18 years of age; or 08 (B) an emancipated minor; 09 (2) "emancipated minor" means a minor whose disabilities have been 10 removed for general purposes under AS 09.55.590; 11 (3) "minor" means a person under 18 years of age who is not an 12 emancipated minors. 13 * Sec. 6. AS 08.36.370 is amended by adding a new paragraph to read: 14 (10) "opioid" includes the opium and opiate substances and opium and 15 opiate derivatives listed in AS 11.71.140. 16 * Sec. 7. AS 08.64.107 is amended to read: 17 Sec. 08.64.107. Regulation of physician assistants and intensive care 18 paramedics. The board shall adopt regulations regarding the licensure of physician 19 assistants and registration of mobile intensive care paramedics, and the medical 20 services that they may perform, including the 21 (1) educational and other qualifications, including education in pain 22 management and opioid use and addiction; 23 (2) application and registration procedures; 24 (3) scope of activities authorized; and 25 (4) responsibilities of the supervising or training physician. 26 * Sec. 8. AS 08.64.200(a) is amended to read: 27 (a) Except for foreign medical graduates as specified in AS 08.64.225, each 28 physician applicant shall 29 (1) submit a certificate of graduation from a legally chartered medical 30 school accredited by the Association of American Medical Colleges and the Council 31 on Medical Education of the American Medical Association;
01 (2) submit a certificate from a recognized hospital or hospitals 02 certifying that the applicant has satisfactorily performed the duties of resident 03 physician or intern for a period of 04 (A) one year if the applicant graduated from medical school 05 before January 1, 1995, as evidenced by a certificate of completion of the first 06 year of postgraduate training from the facility where the applicant completed 07 the first year of internship or residency; and 08 (B) two years if the applicant graduated from medical school 09 on or after January 1, 1995, as evidenced by a certificate of completion of the 10 first year of postgraduate training from the facility where the applicant 11 completed the first year of internship or residency and a certificate of 12 successful completion of one additional year of postgraduate training at a 13 recognized hospital; 14 (3) submit a list of negotiated settlements or judgments in claims or 15 civil actions alleging medical malpractice against the applicant, including an 16 explanation of the basis for each claim or action; and 17 (4) not have a license to practice medicine in another state, country, 18 province, or territory that is currently suspended or revoked for disciplinary reasons; 19 (5) receive education in pain management and opioid use and 20 addiction, unless the applicant has demonstrated to the satisfaction of the board 21 that the applicant does not currently hold a valid federal Drug Enforcement 22 Administration registration number; an applicant may include past professional 23 experience or professional education as proof of professional competence. 24 * Sec. 9. AS 08.64.205 is amended to read: 25 Sec. 08.64.205. Qualifications for osteopath applicants. Each osteopath 26 applicant shall meet the qualifications prescribed in AS 08.64.200(a)(3), (4), and (5) 27 [AND (4)] and shall 28 (1) submit a certificate of graduation from the legally chartered school 29 of osteopathy approved by the board; 30 (2) submit a certificate from a hospital approved by the American 31 Medical Association or the American Osteopathic Association that certifies that the
01 osteopath has satisfactorily completed and performed the duties of intern or resident 02 physician for 03 (A) one year if the applicant graduated from a school of 04 osteopathy before January 1, 1995, as evidenced by a certificate of completion 05 of the first year of postgraduate training from the facility where the applicant 06 completed the first year of internship or residency; or 07 (B) two years if the applicant graduated from a school of 08 osteopathy on or after January 1, 1995, as evidenced by a certificate of 09 completion of the first year of postgraduate training from the facility where the 10 applicant completed the first year of internship or residency and a certificate of 11 successful completion of one additional year of postgraduate training at a 12 recognized hospital; 13 (3) take the examination required by AS 08.64.210 or be certified to 14 practice by the National Board of Examiners for Osteopathic Physicians and 15 Surgeons; 16 (4) receive education in pain management and opioid use and 17 addiction, unless the applicant has demonstrated to the satisfaction of the board 18 that the applicant does not currently hold a valid federal Drug Enforcement 19 Administration registration number; an applicant may include past professional 20 experience or professional education as proof of professional competence. 21 * Sec. 10. AS 08.64.209(a) is amended to read: 22 (a) Each applicant who desires to practice podiatry shall meet the 23 qualifications prescribed in AS 08.64.200(a)(3), (4), and (5) [AND (4)] and shall 24 (1) submit a certificate of graduation from a legally chartered school of 25 podiatry approved by the board; 26 (2) take the examination required by AS 08.64.210; the State Medical 27 Board shall call to its aid a podiatrist of known ability who is licensed to practice 28 podiatry to assist in the examination and licensure of applicants for a license to 29 practice podiatry; 30 (3) receive education in pain management and opioid use and 31 addiction, unless the applicant has demonstrated to the satisfaction of the board
01 that the applicant does not currently hold a valid federal Drug Enforcement 02 Administration registration number; an applicant may include past professional 03 experience or professional education as proof of professional competence; 04 (4) meet other qualifications of experience or education which the 05 board may require. 06 * Sec. 11. AS 08.64.225(a) is amended to read: 07 (a) Applicants who are graduates of medical colleges not accredited by the 08 Association of American Medical Colleges and the Council on Medical Education of 09 the American Medical Association shall 10 (1) meet the requirements of AS 08.64.200(a)(3), (4), and (5) [AND 11 (4)] and 08.64.255; 12 (2) have successfully completed 13 (A) three years of postgraduate training as evidenced by a 14 certificate of completion of the first year of postgraduate training from the 15 facility where the applicant completed the first year of internship or residency 16 and a certificate of successful completion of two additional years of 17 postgraduate training at a recognized hospital; or 18 (B) other requirements establishing proof of competency and 19 professional qualifications as the board considers necessary to ensure the 20 continued protection of the public adopted at the discretion of the board by 21 regulation, including education in pain management and opioid use and 22 addiction, unless the applicant has demonstrated to the satisfaction of the 23 board that the applicant does not currently hold a valid federal Drug 24 Enforcement Administration registration number; an applicant may 25 include past professional experience or professional education as proof of 26 professional competence; and 27 (3) have passed examinations as specified by the board in 28 regulations. 29 * Sec. 12. AS 08.64.250 is amended to read: 30 Sec. 08.64.250. License by credentials. The board may waive the examination 31 requirement and license by credentials if the physician, osteopath, or podiatry
01 applicant meets the requirements of AS 08.64.200, 08.64.205, or 08.64.209, submits 02 proof of continued competence as required by regulation, pays the required fee, and 03 has 04 (1) an active license from a board of medical examiners established 05 under the laws of a state or territory of the United States or a province or territory of 06 Canada issued after thorough examination; or 07 (2) passed an examination as specified by the board in regulations. 08 * Sec. 13. AS 08.64.250 is amended by adding a new subsection to read: 09 (b) Regulations under (a) of this section must require the applicant 10 demonstrate professional competence in pain management and addiction disorders; an 11 applicant may include past professional experience or professional education as proof 12 of professional competence. 13 * Sec. 14. AS 08.64.312 is amended to read: 14 Sec. 08.64.312. Continuing education requirements. (a) The board shall 15 promote a high degree of competence in the practice of medicine, osteopathy, and 16 podiatry by requiring every licensee of medicine, osteopathy, and podiatry 17 [PHYSICIAN LICENSED] in the state to fulfill continuing education requirements. 18 (b) Before a license may be renewed, the licensee shall submit evidence to the 19 board or its designee that continuing education requirements prescribed by regulations 20 adopted by the board have been met, including not less than two hours of education 21 in pain management and opioid use and addiction for every 40 hours of 22 education received, unless the licensee demonstrates to the satisfaction of the 23 board that the licensee's practice does not include pain management and opioid 24 treatment or prescribing. 25 (c) The board or its designee may exempt a physician, osteopath, or 26 podiatrist from the requirements of (b) of this section upon an application by the 27 physician, osteopath, or podiatrist giving evidence satisfactory to the board or its 28 designee that the physician, osteopath, or podiatrist is unable to comply with the 29 requirements because of extenuating circumstances. However, a person may not be 30 exempted from more than 15 hours of continuing education in a five-year period; a 31 person may not be exempted from the requirement to receive at least two hours
01 of education in pain management and opioid use and addiction, unless the person 02 has demonstrated to the satisfaction of the board that the person does not 03 currently hold a valid federal Drug Enforcement Administration registration 04 number . 05 * Sec. 15. AS 08.64.326(a) is amended to read: 06 (a) The board may impose a sanction if the board finds after a hearing that a 07 licensee 08 (1) secured a license through deceit, fraud, or intentional 09 misrepresentation; 10 (2) engaged in deceit, fraud, or intentional misrepresentation while 11 providing professional services or engaging in professional activities; 12 (3) advertised professional services in a false or misleading manner; 13 (4) has been convicted, including conviction based on a guilty plea or 14 plea of nolo contendere, of 15 (A) a class A or unclassified felony or a crime in another 16 jurisdiction with elements similar to a class A or unclassified felony in this 17 jurisdiction; 18 (B) a class B or class C felony or a crime in another jurisdiction 19 with elements similar to a class B or class C felony in this jurisdiction if the 20 felony or other crime is substantially related to the qualifications, functions, or 21 duties of the licensee; or 22 (C) a crime involving the unlawful procurement, sale, 23 prescription, or dispensing of drugs; 24 (5) has procured, sold, prescribed, or dispensed drugs in violation of a 25 law regardless of whether there has been a criminal action or patient harm; 26 (6) intentionally or negligently permitted the performance of patient 27 care by persons under the licensee's supervision that does not conform to minimum 28 professional standards even if the patient was not injured; 29 (7) failed to comply with this chapter, a regulation adopted under this 30 chapter, or an order of the board; 31 (8) has demonstrated
01 (A) professional incompetence, gross negligence, or repeated 02 negligent conduct; the board may not base a finding of professional 03 incompetence solely on the basis that a licensee's practice is unconventional or 04 experimental in the absence of demonstrable physical harm to a patient; 05 (B) addiction to, severe dependency on, or habitual overuse of 06 alcohol or other drugs that impairs the licensee's ability to practice safely; 07 (C) unfitness because of physical or mental disability; 08 (9) engaged in unprofessional conduct, in sexual misconduct, or in 09 lewd or immoral conduct in connection with the delivery of professional services to 10 patients; in this paragraph, "sexual misconduct" includes sexual contact, as defined by 11 the board in regulations adopted under this chapter, or attempted sexual contact with a 12 patient outside the scope of generally accepted methods of examination or treatment of 13 the patient, regardless of the patient's consent or lack of consent, during the term of the 14 physician-patient relationship, as defined by the board in regulations adopted under 15 this chapter, unless the patient was the licensee's spouse at the time of the contact or, 16 immediately preceding the physician-patient relationship, was in a dating, courtship, 17 or engagement relationship with the licensee; 18 (10) has violated AS 18.16.010; 19 (11) has violated any code of ethics adopted by regulation by the 20 board; 21 (12) has denied care or treatment to a patient or person seeking 22 assistance from the physician if the only reason for the denial is the failure or refusal 23 of the patient to agree to arbitrate as provided in AS 09.55.535(a); [OR] 24 (13) has had a license or certificate to practice medicine in another 25 state or territory of the United States, or a province or territory of Canada, denied, 26 suspended, revoked, surrendered while under investigation for an alleged violation, 27 restricted, limited, conditioned, or placed on probation unless the denial, suspension, 28 revocation, or other action was caused by the failure of the licensee to pay fees to that 29 state, territory, or province; or 30 (14) prescribed or dispensed an opioid in excess of the maximum 31 dosage authorized under AS 08.64.363.
01 * Sec. 16. AS 08.64 is amended by adding a new section to article 3 to read: 02 Sec. 08.64.363. Maximum dosage for opioid prescriptions. (a) A licensee 03 may not issue an initial prescription for an opioid that exceeds a seven-day supply to 04 an adult patient for outpatient use. 05 (b) A licensee may not issue a prescription for an opioid that exceeds a seven- 06 day supply to a minor. At the time a licensee writes a prescription for an opioid for a 07 minor, the licensee shall discuss with the parent or guardian of the minor why the 08 prescription is necessary and the risks associated with opioid use. 09 (c) Notwithstanding (a) and (b) of this section, a licensee may issue a 10 prescription for an opioid that exceeds a seven-day supply to an adult or minor patient 11 if, in the professional medical judgment of the licensee, more than a seven-day supply 12 of an opioid is necessary for 13 (1) the patient's acute medical condition, chronic pain management, 14 pain associated with a cancer diagnosis, or pain experienced while the patient is in 15 palliative care; the licensee may write a prescription for an opioid for the quantity 16 needed to treat the patient's medical condition, chronic pain, pain associated with a 17 cancer diagnosis, or pain experienced while the patient is in palliative care; the 18 licensee shall document in the patient's medical record the condition triggering the 19 prescription of an opioid in a quantity that exceeds a seven-day supply and indicate 20 that a nonopioid alternative was not appropriate to address the medical condition; 21 (2) a patient who is unable to access a practitioner within the time 22 necessary for a refill of the seven-day supply because of a logistical or travel barrier; 23 the licensee may write a prescription for an opioid for the quantity needed to treat the 24 patient for the time that the patient is unable to access a practitioner; the licensee shall 25 document in the patient's medical record the reason for the prescription of an opioid in 26 a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative 27 was not appropriate to address the medical condition; in this paragraph, "practitioner" 28 has the meaning given in AS 11.71.900; or 29 (3) the treatment of a patient's substance abuse or opioid dependence; 30 the licensee may write a prescription for an opioid approved for the treatment of 31 substance abuse or opioid dependence for the quantity needed to treat the patient's
01 substance abuse or opioid dependence; the licensee shall document in the patient's 02 medical record the reason for the prescription of an opioid approved for the treatment 03 of substance abuse or opioid dependence in a quantity that exceeds a seven-day supply 04 and indicate that a nonopioid alternative was not appropriate for the treatment of 05 substance abuse or opioid dependence. 06 (d) In this section, 07 (1) "adult" means 08 (A) a person who has reached 18 years of age; or 09 (B) an emancipated minor; 10 (2) "emancipated minor" means a minor whose disabilities have been 11 removed for general purposes under AS 09.55.590; 12 (3) "minor" means a person under 18 years of age who is not an 13 emancipated minor. 14 * Sec. 17. AS 08.64.364(c) is amended to read: 15 (c) The board may not impose disciplinary sanctions on a physician for 16 prescribing, dispensing, or administering a prescription drug that is a controlled 17 substance or botulinum toxin if the requirements under (a) of this section and 18 AS 08.64.363 are met and the physician prescribes, dispenses, or administers the 19 controlled substance or botulinum toxin when an appropriate licensed health care 20 provider is present with the patient to assist the physician with examination, diagnosis, 21 and treatment. 22 * Sec. 18. AS 08.64.380 is amended by adding a new paragraph to read: 23 (7) "opioid" includes the opium and opiate substances and opium and 24 opiate derivatives listed in AS 11.71.140. 25 * Sec. 19. AS 08.68.270 is amended to read: 26 Sec. 08.68.270. Grounds for denial, suspension, or revocation. The board 27 may deny, suspend, or revoke the license of a person who 28 (1) has obtained or attempted to obtain a license to practice nursing by 29 fraud or deceit; 30 (2) has been convicted of a felony or other crime if the felony or other 31 crime is substantially related to the qualifications, functions, or duties of the licensee;
01 (3) habitually abuses alcoholic beverages, or illegally uses controlled 02 substances; 03 (4) has impersonated a registered or practical nurse; 04 (5) has intentionally or negligently engaged in conduct that has 05 resulted in a significant risk to the health or safety of a client or in injury to a client; 06 (6) practices or attempts to practice nursing while afflicted with 07 physical or mental illness, deterioration, or disability that interferes with the 08 individual's performance of nursing functions; 09 (7) is guilty of unprofessional conduct as defined by regulations 10 adopted by the board; 11 (8) has wilfully or repeatedly violated a provision of this chapter or 12 regulations adopted under this chapter or AS 08.01; 13 (9) is professionally incompetent; 14 (10) denies care or treatment to a patient or person seeking assistance 15 if the sole reason for the denial is the failure or refusal of the patient or person seeking 16 assistance to agree to arbitrate as provided in AS 09.55.535(a); 17 (11) prescribed or dispensed an opioid in excess of the maximum 18 dosage authorized under AS 08.68.705; or 19 (12) has procured, sold, prescribed, or dispensed drugs in violation 20 of a law, regardless of whether there has been a criminal action or patient harm. 21 * Sec. 20. AS 08.68.276 is amended to read: 22 Sec. 08.68.276. Continuing competence required. A license to practice 23 nursing may not be renewed unless the nurse has complied with continuing 24 competence requirements established by the board by regulation. Regulations for 25 renewal of a license of an advanced practice registered nurse must require a 26 licensee receive not less than two hours of education in pain management and 27 opioid use and addiction in the two years preceding an application for renewal of 28 a license, unless the licensee has demonstrated to the satisfaction of the board 29 that the licensee does not currently hold a valid federal Drug Enforcement 30 Administration registration number. 31 * Sec. 21. AS 08.68 is amended by adding a new section to article 6 to read:
01 Sec. 08.68.705. Maximum dosage for opioid prescriptions. (a) An advanced 02 practice registered nurse licensed in the state may not issue an initial prescription for 03 an opioid that exceeds a seven-day supply to an adult patient for outpatient use. 04 (b) An advanced practice registered nurse licensed in the state may not issue a 05 prescription for an opioid that exceeds a seven-day supply to a minor. At the time an 06 advanced practice registered nurse writes a prescription for an opioid for a minor, the 07 advanced practice registered nurse shall discuss with the parent or guardian of the 08 minor why the prescription is necessary and the risks associated with opioid use. 09 (c) Notwithstanding (a) and (b) of this section, an advanced practice registered 10 nurse licensed in the state may issue a prescription for an opioid that exceeds a seven- 11 day supply to an adult or minor patient if, in the professional judgment of the 12 advanced practice registered nurse, more than a seven-day supply of an opioid is 13 necessary for 14 (1) the patient's acute medical condition, chronic pain management, 15 pain associated with a cancer diagnosis, or pain experienced while the patient is in 16 palliative care; the advanced practice registered nurse may write a prescription for an 17 opioid for the quantity needed to treat the patient's medical condition, chronic pain, 18 pain associated with a cancer diagnosis, or pain experienced while the patient is in 19 palliative care; the advanced practice registered nurse shall document in the patient's 20 medical record the condition triggering the prescription of an opioid in a quantity that 21 exceeds a seven-day supply and indicate that a nonopioid alternative was not 22 appropriate to address the medical condition; or 23 (2) a patient who is unable to access a practitioner within the time 24 necessary for a refill of the seven-day supply because of a logistical or travel barrier; 25 the advanced practice registered nurse may write a prescription for an opioid for the 26 quantity needed to treat the patient for the time that the patient is unable to access a 27 practitioner; the advanced practice registered nurse shall document in the patient's 28 medical record the reason for the prescription of an opioid in a quantity that exceeds a 29 seven-day supply and indicate that a nonopioid alternative was not appropriate to 30 address the medical condition; in this paragraph, "practitioner" has the meaning given 31 in AS 11.71.900.
01 (e) This section does not authorize an advanced practice registered nurse to 02 prescribe a controlled substance if that advanced practice registered nurse is not 03 otherwise authorized to prescribe a controlled substance under policies, procedures, or 04 regulations issued or adopted by the board. 05 (f) In this section, 06 (1) "adult" means 07 (A) a person who has reached 18 years of age; or 08 (B) an emancipated minor; 09 (2) "emancipated minor" means a minor whose disabilities have been 10 removed for general purposes under AS 09.55.590; 11 (3) "minor" means a person under 18 years of age who is not an 12 emancipated minor. 13 * Sec. 22. AS 08.68.850 is amended by adding a new paragraph to read: 14 (12) "opioid" includes the opium and opiate substances and opium and 15 opiate derivatives listed in AS 11.71.140. 16 * Sec. 23. AS 08.72.170 is amended to read: 17 Sec. 08.72.170. Licensure by credentials. The board shall issue a license by 18 credentials to an applicant who 19 (1) is a graduate of a school or college of optometry recognized by the 20 board; 21 (2) has passed a written examination approved by the board that is 22 designed to test the applicant's knowledge of the laws of Alaska governing the practice 23 of optometry and the regulations adopted under those laws; 24 (3) holds a current license to practice optometry in another state or 25 territory of the United States or in a province of Canada that has licensure 26 requirements that the board determines are equivalent to those established under this 27 chapter; 28 (4) at some time in the past, received a license to practice optometry 29 from another state or territory of the United States or from a province of Canada that 30 required the person to have passed the National Board of Examiners in Optometry 31 examination to qualify for licensure;
01 (5) was engaged in the active licensed clinical practice of optometry in 02 a state or territory of the United States or in a province of Canada for at least 3,120 03 hours during the 36 months preceding the date of application under this section; 04 (6) has not committed an act in any jurisdiction that would have 05 constituted a violation of this chapter or regulations adopted under this chapter at the 06 time the act was committed; and 07 (7) has not been disciplined by an optometry licensing entity in another 08 jurisdiction and is not the subject of a pending disciplinary proceeding conducted by 09 an optometry licensing entity in another jurisdiction; however, the board may consider 10 the disciplinary action and, in the board's discretion, determine if the person is 11 qualified for licensure; 12 (8) has received education in pain management and opioid use and 13 addiction adequate for the practice of optometry, unless the applicant has 14 demonstrated to the satisfaction of the board that the applicant does not 15 currently hold a valid federal Drug Enforcement Administration registration 16 number; an applicant may include past professional experience or professional 17 education as proof of professional competence. 18 * Sec. 24. AS 08.72.181(d) is amended to read: 19 (d) Before a license may be renewed, the licensee shall submit to the board 20 evidence that, in the four years preceding the application for renewal, the licensee has 21 (1) completed eight hours of continuing education, approved by the 22 board, concerning the use and prescription of pharmaceutical agents; 23 (2) completed seven hours of continuing education, approved by the 24 board, concerning the injection of nontopical therapeutic pharmaceutical agents; 25 [AND] 26 (3) completed at least two hours of education in pain management 27 and opioid use and addiction, unless the applicant has demonstrated to the 28 satisfaction of the board that the applicant does not currently hold a valid federal 29 Drug Enforcement Administration registration number; and 30 (4) met other continuing education requirements as may be prescribed 31 by regulations of the board to ensure the continued protection of the public.
01 * Sec. 25. AS 08.72.240 is amended to read: 02 Sec. 08.72.240. Grounds for imposition of disciplinary sanctions. The board 03 may impose disciplinary sanctions when the board finds after a hearing that a licensee 04 (1) secured a license through deceit, fraud, or intentional 05 misrepresentation; 06 (2) engaged in deceit, fraud, or intentional misrepresentation in the 07 course of providing professional services or engaging in professional activities; 08 (3) advertised professional services in a false or misleading manner; 09 (4) has been convicted of a felony or other crime which affects the 10 licensee's ability to continue to practice competently and safely; 11 (5) intentionally or negligently engaged in or permitted the 12 performance of patient care by persons under the licensee's supervision which does not 13 conform to minimum professional standards regardless of whether actual injury to the 14 patient occurred; 15 (6) failed to comply with this chapter, with a regulation adopted under 16 this chapter, or with an order of the board; 17 (7) continued to practice after becoming unfit due to 18 (A) professional incompetence; 19 (B) failure to keep informed of or use current professional 20 theories or practices; 21 (C) addiction or severe dependency on alcohol or other drugs 22 which impairs the licensee's ability to practice safely; 23 (D) physical or mental disability; 24 (8) engaged in lewd or immoral conduct in connection with the 25 delivery of professional service to patients; 26 (9) failed to refer a patient to a physician after ascertaining the 27 presence of ocular or systemic conditions requiring management by a physician; 28 (10) procured, sold, prescribed, or dispensed drugs in violation of 29 a law, regardless of whether there has been a criminal action or patient harm. 30 * Sec. 26. AS 08.80.030(b), as amended by sec. 12, ch. 25, SLA 2016, is amended to read: 31 (b) In order to fulfill its responsibilities, the board has the powers necessary
01 for implementation and enforcement of this chapter, including the power to 02 (1) elect a president and secretary from its membership and adopt rules 03 for the conduct of its business; 04 (2) license by examination or by license transfer the applicants who are 05 qualified to engage in the practice of pharmacy; 06 (3) assist the department in inspections and investigations for 07 violations of this chapter, or of any other state or federal statute relating to the practice 08 of pharmacy; 09 (4) adopt regulations to carry out the purposes of this chapter; 10 (5) establish and enforce compliance with professional standards and 11 rules of conduct for pharmacists engaged in the practice of pharmacy; 12 (6) determine standards for recognition and approval of degree 13 programs of schools and colleges of pharmacy whose graduates shall be eligible for 14 licensure in this state, including the specification and enforcement of requirements for 15 practical training, including internships; 16 (7) establish for pharmacists and pharmacies minimum specifications 17 for the physical facilities, technical equipment, personnel, and procedures for the 18 storage, compounding, and dispensing of drugs or related devices, and for the 19 monitoring of drug therapy; 20 (8) enforce the provisions of this chapter relating to the conduct or 21 competence of pharmacists practicing in the state, and the suspension, revocation, or 22 restriction of licenses to engage in the practice of pharmacy; 23 (9) license and regulate the training, qualifications, and employment of 24 pharmacy interns and pharmacy technicians; 25 (10) issue licenses to persons engaged in the manufacture and 26 distribution of drugs and related devices; 27 (11) establish and maintain a controlled substance prescription 28 database as provided in AS 17.30.200; 29 (12) establish standards for the independent administration by a 30 pharmacist of vaccines and related emergency medications under AS 08.80.168, 31 including the completion of an immunization training program approved by the board;
01 (13) require that a licensed pharmacist [WHO HAS A FEDERAL 02 DRUG ENFORCEMENT ADMINISTRATION REGISTRATION NUMBER] 03 register with the controlled substance prescription database under AS 17.30.200(o). 04 * Sec. 27. AS 08.80 is amended by adding a new section to read: 05 Sec. 08.80.340. Prescription for an opioid; voluntary request for lesser 06 quantity. (a) A pharmacist filling a prescription for an opioid that is a schedule II or 07 III controlled substance under federal law may, at the request of the individual for 08 whom the prescription is written, dispense the prescribed substance in a lesser quantity 09 than prescribed. The remaining quantity in excess of the quantity requested by the 10 individual shall be void. 11 (b) A pharmacist who dispenses less than the full quantity of a prescribed 12 substance under (a) of this section shall notify the prescribing practitioner within 72 13 hours and submit information as to the amount of the controlled substance prescribed 14 and the amount dispensed in the controlled substance prescription database under 15 AS 17.30; in this section, "opioid" includes the opium and opiate substances and 16 opium and opiate derivatives listed in AS 11.71.140. 17 (c) Nothing in this section shall be construed to prevent substitution of an 18 equivalent drug under AS 08.80.295. 19 * Sec. 28. AS 08.98.050(a) is amended to read: 20 (a) The board shall 21 (1) establish examination requirements for eligible applicants for 22 licensure to practice veterinary medicine; 23 (2) examine, or cause to be examined, eligible applicants for licensure 24 or registration; 25 (3) approve the issuance of licenses and student permits to qualified 26 applicants; 27 (4) establish standards for the practice of veterinary medicine by 28 regulation; 29 (5) conduct disciplinary proceedings in accordance with this chapter; 30 in addition, the board may deny, suspend, or revoke the license of a person who 31 has procured, sold, prescribed, or dispensed drugs in violation of a law,
01 regardless of whether there has been a criminal action; 02 (6) adopt regulations requiring proof of continued competency before a 03 license is renewed; 04 (7) as requested by the department, monitor the standards and 05 availability of veterinary services provided in the state and report its findings to the 06 department; 07 (8) collect, or cause to be collected, data concerning the practice of 08 veterinary technology by veterinary technicians in the state and submit the data to the 09 department for maintenance; 10 (9) establish, by regulation, educational and training requirements for 11 (A) the issuance of student permits; and 12 (B) the delegation of duties by veterinarians licensed under this 13 chapter to veterinary technicians; 14 (10) require that a licensee who has a federal Drug Enforcement 15 Administration registration number register with the controlled substance 16 prescription database under AS 17.30.200(o); 17 (11) identify resources and develop educational materials to assist 18 licensees to identify an animal owner who may be at risk for abusing or misusing 19 an opioid. 20 * Sec. 29. AS 17.30.200(a) is amended to read: 21 (a) The controlled substance prescription database is established in the Board 22 of Pharmacy. The purpose of the database is to contain data as described in this 23 section regarding every prescription for a schedule IA, IIA, IIIA, IVA, or VA 24 controlled substance under state law or a schedule I, II, III, IV, or V controlled 25 substance under federal law dispensed in the state to a person other than those 26 administered to a patient at a health care facility or a correctional facility, except 27 when prescribing opioids to an inmate at the time of the inmate's release. The 28 Department of Commerce, Community, and Economic Development shall assist the 29 board and provide necessary staff and equipment to implement this section. 30 * Sec. 30. AS 17.30.200(b), as amended by sec. 23, ch. 25, SLA 2016, is amended to read: 31 (b) The pharmacist-in-charge of each licensed or registered pharmacy,
01 regarding each schedule II, III, or IV controlled substance under federal law dispensed 02 by a pharmacist under the supervision of the pharmacist-in-charge, and each 03 practitioner who directly dispenses a schedule II, III, or IV controlled substance under 04 federal law other than those administered to a patient at a health care facility or a 05 correctional facility, except when prescribing opioids to an inmate at the time of 06 the inmate's release, shall submit to the board, by a procedure and in a format 07 established by the board, the following information for inclusion in the database on at 08 least a daily [WEEKLY] basis: 09 (1) the name of the prescribing practitioner and the practitioner's 10 federal Drug Enforcement Administration registration number or other appropriate 11 identifier; 12 (2) the date of the prescription; 13 (3) the date the prescription was filled and the method of payment; this 14 paragraph does not authorize the board to include individual credit card or other 15 account numbers in the database; 16 (4) the name, address, and date of birth of the person for whom the 17 prescription was written; 18 (5) the name and national drug code of the controlled substance; 19 (6) the quantity and strength of the controlled substance dispensed; 20 (7) the name of the drug outlet dispensing the controlled substance; 21 and 22 (8) the name of the pharmacist or practitioner dispensing the controlled 23 substance and other appropriate identifying information. 24 * Sec. 31. AS 17.30.200(d), as amended by sec. 25, ch. 25, SLA 2016, is amended to read: 25 (d) The database and the information contained within the database are 26 confidential, and are not public records, and are not subject to public disclosure [, 27 AND MAY NOT BE SHARED WITH THE FEDERAL GOVERNMENT]. The 28 board shall undertake to ensure the security and confidentiality of the database and the 29 information contained within the database. The board may allow access to the 30 database only to the following persons, and in accordance with the limitations 31 provided and regulations of the board:
01 (1) personnel of the board regarding inquiries concerning licensees or 02 registrants of the board or personnel of another board or agency concerning a 03 practitioner under a search warrant, subpoena, or order issued by an administrative law 04 judge or a court; 05 (2) authorized board personnel or contractors as required for 06 operational and review purposes; 07 (3) a licensed practitioner having authority to prescribe controlled 08 substances or an agent or employee of the practitioner whom the practitioner has 09 authorized to access the database on the practitioner's behalf, to the extent the 10 information relates specifically to a current patient of the practitioner to whom the 11 practitioner is prescribing or considering prescribing a controlled substance; the agent 12 or employee must be licensed or registered under AS 08; 13 (4) a licensed or registered pharmacist having authority to dispense 14 controlled substances or an agent or employee of the pharmacist whom the pharmacist 15 has authorized to access the database on the pharmacist's behalf, to the extent the 16 information relates specifically to a current patient to whom the pharmacist is 17 dispensing or considering dispensing a controlled substance; the agent or employee 18 must be licensed or registered under AS 08; 19 (5) federal, state, and local law enforcement authorities may receive 20 printouts of information contained in the database under a search warrant, subpoena, 21 or order issued by a court establishing probable cause for the access and use of the 22 information; 23 (6) an individual who is the recipient of a controlled substance 24 prescription entered into the database may receive information contained in the 25 database concerning the individual on providing evidence satisfactory to the board that 26 the individual requesting the information is in fact the person about whom the data 27 entry was made and on payment of a fee set by the board under AS 37.10.050 that 28 does not exceed $10; 29 (7) a licensed pharmacist employed by the Department of Health and 30 Social Services who is responsible for administering prescription drug coverage for 31 the medical assistance program under AS 47.07, to the extent that the information
01 relates specifically to prescription drug coverage under the program; 02 (8) a licensed pharmacist, licensed practitioner, or authorized 03 employee of the Department of Health and Social Services responsible for utilization 04 review of prescription drugs for the medical assistance program under AS 47.07, to the 05 extent that the information relates specifically to utilization review of prescription 06 drugs provided to recipients of medical assistance; 07 (9) the state medical examiner, to the extent that the information 08 relates specifically to investigating the cause and manner of a person's death; 09 (10) an authorized employee of the Department of Health and Social 10 Services may receive information from the database that does not disclose the identity 11 of a patient, prescriber, dispenser, or dispenser location, for the purpose of identifying 12 and monitoring public health issues in the state; however, the information provided 13 under this paragraph may include the region of the state in which a patient, prescriber, 14 and dispenser are located and the specialty of the prescriber; and 15 (11) a practitioner, pharmacist, or clinical staff employed by an Alaska 16 tribal health organization, including commissioned corps officers of the United States 17 Public Health Service employed under a memorandum of agreement; in this 18 paragraph, "Alaska tribal health organization" has the meaning given to "tribal health 19 program" in 25 U.S.C. 1603. 20 * Sec. 32. AS 17.30.200(e) as enacted by sec. 27, ch. 25, SLA 2016, is amended to read: 21 (e) The failure of a pharmacist-in-charge, pharmacist, or practitioner to 22 register, review the database or submit information to the database as required under 23 this section is grounds for the board to take disciplinary action against the license or 24 registration of the pharmacy or pharmacist or for another licensing board to take 25 disciplinary action against a practitioner. 26 * Sec. 33. AS 17.30.200(p), as enacted by sec. 34, ch. 25, SLA 2016, is amended to read: 27 (p) The board shall promptly notify the State Medical Board, the Board of 28 Nursing, the Board of Dental Examiners, [AND] the Board of Examiners in 29 Optometry, and the Board of Veterinary Examiners when a practitioner registers 30 with the database under (o) of this section. 31 * Sec. 34. AS 17.30.200(q), as enacted by sec. 34, ch. 25, SLA 2016, is amended to read:
01 (q) The board is authorized to provide unsolicited notification to a pharmacist, 02 to a practitioner's licensing board, or practitioner if a patient has received one or 03 more prescriptions for controlled substances in quantities or with a frequency 04 inconsistent with generally recognized standards of safe practice. An unsolicited 05 notification to a practitioner's licensing board under this section 06 (1) also must be provided to the practitioner; 07 (2) is confidential; 08 (3) may not disclose information confidential under this section; 09 (4) may be in a summary form sufficient to provide notice of the 10 basis for the unsolicited notification. 11 * Sec. 35. AS 17.30.200(r), as enacted by sec. 34, ch. 25, SLA 2016, is amended to read: 12 (r) The board shall update the database on at least a daily [WEEKLY] basis 13 with the information submitted to the board under (b) of this section. 14 * Sec. 36. AS 17.30.200 is amended by adding new subsections to read: 15 (t) Notwithstanding (q) of this section, the board may issue to a practitioner 16 periodic unsolicited reports that detail and compare the practitioner's opioid 17 prescribing practice with other practitioners of the same occupation and similar 18 specialty. A report issued under this subsection is confidential and shall be issued only 19 to a practitioner. The board may adopt regulations to implement this subsection; 20 regulations may address the types of controlled substances to be included in an 21 unsolicited report, quantities dispensed, medication strength, and other factors 22 determined by the board. 23 (u) In this section, "opioid" includes the opium and opiate substances and 24 opium and opiate derivatives listed in AS 11.71.140. 25 * Sec. 37. AS 18.05.040(a) is amended to read: 26 (a) The commissioner shall adopt regulations consistent with existing law for 27 (1) the time, manner, information to be reported, and persons 28 responsible for reporting for each disease or other condition of public health 29 importance on the list developed under AS 18.15.370; 30 (2) cooperation with local boards of health and health officers; 31 (3) protection and promotion of the public health and prevention of
01 disability and mortality; 02 (4) the transportation of dead bodies, except that the commissioner 03 may not require that a dead body be embalmed unless the body is known to carry a 04 communicable disease or embalmment is otherwise required for the protection of the 05 public health or for compliance with federal law; 06 (5) carrying out the purposes of this chapter; 07 (6) the conduct of its business and for carrying out the provisions of 08 laws of the United States and the state relating to public health; 09 (7) establishing the divisions and local offices and advisory groups 10 necessary or considered expedient to carry out or assist in carrying out a duty or power 11 assigned to it; 12 (8) the voluntary certification of laboratories to perform diagnostic, 13 quality control, or enforcement analyses or examinations based on recognized or 14 tentative standards of performance relating to analysis and examination of food, 15 including seafood, milk, water, and specimens from human beings submitted by 16 licensed physicians and nurses for analysis; 17 (9) the regulation of quality and purity of commercially compressed 18 oxygen sold for human respiration; 19 (10) establishing confidentiality and security standards for information 20 and records received under AS 18.15.355 - 18.15.395; 21 (11) implementation of AS 13.55 (Voluntary Nonopioid Directive 22 Act). 23 * Sec. 38. Sections 52 and 73, ch. 25, SLA 2016, are repealed. 24 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITION: REGULATIONS. (a) The Department of Health and Social Services 27 and the Department of Commerce, Community, and Economic Development may adopt 28 regulations necessary to implement the changes made by this Act. The regulations take effect 29 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 30 relevant provision of this Act implemented by the regulation. 31 (b) The Department of Commerce, Community, and Economic Development and the
01 board that regulates an occupation that includes a practitioner who is required to register with 02 the controlled substance prescription database under AS 17.30.200 shall adopt regulations to 03 implement the changes made by AS 08.98.050(a), as amended by sec. 28 of this Act. The 04 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 05 effective date of sec. 28 of this Act. 06 * Sec. 40. This Act takes effect immediately under AS 01.10.070(c).