Legislature(2007 - 2008)
2008-04-12 House Journal
Full Journal pdf2008-04-12 House Journal Page 2933 SB 196 Representative Samuels brought up reconsideration of the vote on HCS CSSB 196(FIN) (page 2766). The following, which was held on reconsideration (page 2887), was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 196(FIN) "An Act relating to establishing a controlled substance prescription database." Representative Gardner moved and asked unanimous consent that HCS CSSB 196(FIN) be returned to second reading for the specific purpose of considering Amendment No. 7. There being no objection, it was so ordered. The Speaker stated that, without objection, HCS CSSB 196(FIN) would be returned to second reading for all amendments. Amendment Nos. 2 - 6 were not offered. Amendment No. 7 was offered by Representative Gardner: Page 6, line 7: Delete "knowingly" Insert "recklessly" 2008-04-12 House Journal Page 2934 Representative Gardner moved and asked unanimous consent that Amendment No. 7 be adopted. There being no objection, it was so ordered. Amendment No. 8 was not offered. Amendment No. 9 was offered by Representative Gardner: Page 5, following line 25: Insert a new subsection to read: "(i) A person who has reason to believe that prescription information from the database has been illegally or improperly accessed shall notify an appropriate law enforcement agency." Reletter the following subsections accordingly. Representative Gardner moved and asked unanimous consent that Amendment No. 9 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 9 was adopted. Amendment No. 10 was offered by Representative Gardner: Page 5, following line 25: Insert a new subsection to read: "(i) The board shall notify any person whose prescription information from the database is illegally or improperly accessed." Reletter the following subsections accordingly. Representative Gardner moved and asked unanimous consent that Amendment No. 10 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 10 was adopted. Amendment No. 11 was offered by Representatives Gruenberg and Ramras: 2008-04-12 House Journal Page 2935 Page 6, following line 15: Insert a new subsection to read: "(k) To assist in fulfilling the program responsibilities, performance measures shall be reported to the legislature annually. Performance measures may include outcomes detailed in the federal prescription drug monitoring program grant regarding efforts to (1) reduce the rate of inappropriate use of prescription drugs by reporting education efforts conducted by the Board of Pharmacy; (2) reduce the quantity of pharmaceutical controlled substances obtained by individuals attempting to engage in fraud and deceit; (3) increase coordination among prescription drug monitoring program partners; and (4) involve stakeholders in the planning process." Reletter the following subsection accordingly. Representative Gruenberg moved and asked unanimous consent that Amendment No. 11 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 11 was adopted. Amendment No. 12 was offered by Representatives Doogan and Kawasaki: Page 1, line 1, following "database" (title amendment): Insert "; and providing for an effective date" Page 6, following line 21: Insert a new bill section to read: "* Sec. 3. This Act takes effect January 1, 2010." Representative Doogan moved and asked unanimous consent that Amendment No. 12 be adopted. There was objection. 2008-04-12 House Journal Page 2936 Representative Samuels placed a call of the House. The Speaker stated the call was satisfied. Representative Doogan moved and asked unanimous consent to withdraw Amendment No. 12. There being no objection, it was so ordered. Amendment No. 13 was offered by Representative Coghill: Page 6, following line 21: Insert a new bill section to read: "* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: REPORT TO THE LEGISLATURE. (a) The Board of Pharmacy shall, by the first day of the First Regular Session of the Twenty-Sixth Alaska State Legislature, submit a report to the legislature that (1) identifies how the controlled substance prescription database would be designed, identifies the measures that would be undertaken to limit, identify, and log unauthorized accesses to the information in the database, discloses where the database would be maintained and the persons that would be allowed access to the database, and identifies best practices of other states that have implemented similar databases; (2) identifies measures that would be undertaken to ensure the privacy of the records maintained in the database; (3) identifies possible alternatives for including information in the database as opposed to including all prescription information automatically in the database. This should include whether other states have alternatives for inclusion of prescription information in the database. (b) The Board of Pharmacy shall submit the report required under (a) of this section to the senate secretary and the chief clerk and shall notify the members of the legislature that the report is available." Representative Coghill moved and asked unanimous consent that Amendment No. 13 be adopted. 2008-04-12 House Journal Page 2937 Objection was heard and withdrawn. There being no further objection, Amendment No. 13 was adopted. Amendment No. 14 was offered by Representatives Doogan and Kawasaki: Page 1, line 1, following "database" (title amendment): Insert "; and providing for an effective date" Page 6, following line 21: Insert a new bill section to read: "* Sec. 3. This Act takes effect January 1, 2009." Representative Doogan moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Ramras objected. Amendment to Amendment No. 14 was offered by Representative Doogan: Delete "Sec. 3" Insert "Sec. 4" Following "Sec. 3": Insert "Sections 1 and 2 of" Representative Doogan moved and asked unanimous consent that Amendment to Amendment No. 14 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 14 as amended be adopted?" The roll was taken with the following result: HCS CSSB 196(FIN) am H--RECONSIDERATION Second Reading Amendment No. 14 as amended YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara, Gardner, Guttenberg, Holmes, Kawasaki, Kerttula, LeDoux, Nelson 2008-04-12 House Journal Page 2938 Nays: Chenault, Coghill, Dahlstrom, Fairclough, Gatto, Gruenberg, Harris, Hawker, Johansen, Johnson, Joule, Keller, Kelly, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster And so, Amendment No. 14 as amended was not adopted. HCS CSSB 196(FIN) am H was automatically in third reading. The question to be reconsidered: "Shall HCS CSSB 196(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 196(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 24 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Coghill, Dahlstrom, Edgmon, Fairclough, Gatto, Gruenberg, Harris, Hawker, Holmes, Johnson, Joule, Keller, Kelly, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Stoltze, Thomas Nays: Buch, Chenault, Cissna, Crawford, Doll, Doogan, Gara, Gardner, Guttenberg, Johansen, Kawasaki, Kerttula, LeDoux, Seaton, Wilson Excused: Foster Wilson changed from "Yea" to "Nay". And so, HCS CSSB 196(FIN) am H passed the House on reconsideration. In accordance with Rule 43(b) of the Uniform Rules, the Speaker waived engrossment of HCS CSSB 196(FIN) am H. It was signed by the Speaker and Chief Clerk and transmitted with a Legislative letter of intent (page 2767) to the Senate with copies of certified amendments attached.