Legislature(2015 - 2016)

2016-04-15 House Journal

Full Journal

2016-04-15                     House Journal                      Page 2361
SB 74                                                                                                                         
The following, which was advanced to third reading from the April 14,                                                           
2016, calendar (page 2338), was read the third time:                                                                            
                                                                                                                                
             HOUSE CS FOR CS FOR SENATE BILL NO. 74(FIN) am H                                                                  
     "An Act relating to diagnosis, treatment, and prescription of drugs                                                        
     without a physical examination by a physician; relating to the                                                             
     delivery of services by a licensed audiologist, speech-language                                                            
     pathologist, professional counselor, marriage and family therapist,                                                        
     psychologist, psychological associate, social worker, physical                                                             
     therapist, occupational therapist, and registered speech-language                                                          
     pathologist assistant by audio, video, or data communications;                                                             
     relating to the duties of the State Medical Board; relating to                                                             
     limitations of actions; establishing the Alaska Medical Assistance                                                         
     False Claim and Reporting Act; relating to medical assistance                                                              
     programs administered by the Department of Health and Social                                                               
     Services; relating to the controlled substance prescription                                                                
     database; relating to the duties of the Board of Pharmacy;  relating                                                       
     to the duties of the Board of Dental Examiners; relating to the                                                            
     duties of the Board of Nursing; relating to the duties of the Board                                                        
     of Examiners in Optometry; relating to the duties of the                                                                   
     Department of Commerce, Community, and Economic                                                                            
     Development; relating to the duties of the Department of                                                                   
     Corrections; relating to accounting for program receipts; relating                                                         
     to public record status of records related to the Alaska Medical                                                           
     Assistance False Claim and Reporting Act; establishing a                                                                   
     telemedicine business registry; relating to verification of eligibility                                                    
     for public assistance programs administered by the Department of                                                           
     Health and Social Services; relating to annual audits of state                                                             
     medical assistance providers; relating to reporting overpayments                                                           
     of medical assistance payments; establishing authority to assess                                                           

2016-04-15                     House Journal                      Page 2362
     civil penalties for violations of medical assistance program                                                               
     requirements; relating to the duties of the Department of Health                                                           
     and Social Services; establishing medical assistance                                                                       
     demonstration projects; relating to Alaska Pioneers' Homes and                                                             
     Alaska Veterans' Homes; relating to the duties of the Department                                                           
     of Administration; relating to the Alaska Mental Health Trust                                                              
     Authority; relating to feasibility studies for the provision of                                                            
     specified state services; relating to a report by the Board of                                                             
     Pharmacy, Board of Examiners in Optometry, Board of Dental                                                                 
     Examiners, Board of Nursing, and State Medical Board; amending                                                             
     Rules 4, 5, 7, 12, 24, 26, 27, 41, 77, 79, and 82, Alaska Rules of                                                         
     Civil Procedure; and providing for an effective date."                                                                     
                                                                                                                                
Representative Ortiz moved and asked unanimous consent that HCS                                                                 
CSSB 74(FIN) am H be returned to second reading for the specific                                                                
purpose of considering Amendment No. 3.  There being no objection,                                                              
it was so ordered.                                                                                                              
                                                                                                                                
The Speaker stated that, without objection, HCS CSSB 74(FIN) am H                                                               
would be returned to second reading for all amendments.                                                                         
                                                                                                                                
Amendment No. 3 was not offered.                                                                                                
                                                                                                                                
Amendment No. 4 was not offered.                                                                                                
                                                                                                                                
Amendment No. 5 was offered by Representatives Munoz, Ortiz, and                                                                
Saddler:                                                                                                                        
                                                                                                                                
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Page 23, lines 5 - 8:                                                                                                           
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              (9)  if a prescription is dispensed to a person other                                                         
     than the patient for whom the prescription was written, the                                                            
     name and date of birth of the person to whom the prescription                                                          
     was dispensed"                                                                                                         
                                                                                                                                
                                                                                                                                

2016-04-15                     House Journal                      Page 2363
Page 23, line 30:                                                                                                               
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     Insert "and"                                                                                                               
                                                                                                                                
Page 24, lines 1 - 5:                                                                                                           
     Delete "[; AND                                                                                                             
              (9)  IF A PRESCRIPTION IS DISPENSED TO A                                                                          
     PERSON OTHER THAN THE PATIENT FOR WHOM THE                                                                                 
     PRESCRIPTION WAS WRITTEN, THE NAME AND DATE OF                                                                             
     BIRTH OF THE PERSON TO WHOM THE PRESCRIPTION                                                                               
     WAS DISPENSED]"                                                                                                            
                                                                                                                                
Representative Munoz moved and asked unanimous consent that                                                                     
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
**The presence of Representatives Neuman and Gara, who were                                                                     
excused (page 2357), was noted.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 74(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Chenault, Claman, Drummond, Edgmon, Foster, Gara, Gattis,                                                                
Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller,                                                               
Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak,                                                                     
Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz,                                                             
Stutes, Talerico, Tarr, Tilton, Tuck, Vazquez, Wilson, Wool                                                                     
                                                                                                                                
Excused:  Hawker, Thompson                                                                                                      
                                                                                                                                
Absent:  Colver                                                                                                                 
                                                                                                                                
And so, Amendment No. 5 was adopted.                                                                                            
                                                                                                                                
Amendment No. 6 was offered by Representatives Vazquez and                                                                      
Reinbold:                                                                                                                       

2016-04-15                     House Journal                      Page 2364
Page 21, lines 27 - 28:                                                                                                         
     Delete "a schedule [IA, IIA, IIIA, IVA, OR VA CONTROLLED                                                                   
SUBSTANCE UNDER STATE LAW OR A SCHEDULE I,] II, III,                                                                            
or IV [, or V] controlled substance under federal law"                                                                      
     Insert "an opiate for a duration of five or more days [A                                                               
SCHEDULE IA, IIA, IIIA, IVA, OR VA CONTROLLED                                                                                   
SUBSTANCE UNDER STATE LAW OR A SCHEDULE I, II, III,                                                                             
IV, OR V CONTROLLED SUBSTANCE UNDER FEDERAL                                                                                     
LAW]"                                                                                                                           
                                                                                                                                
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law"                                                                                                                            
     Insert "an opiate for a duration of five or more days"                                                                     
                                                                                                                                
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     Delete "schedule [IA, IIA, IIIA, IVA, OR VA CONTROLLED                                                                     
SUBSTANCE UNDER STATE LAW OR A SCHEDULE I,] II, III,                                                                            
or IV [, or V] controlled substance under federal law"                                                                      
     Insert "opiate prescribed for a duration of five or more days                                                          
[SCHEDULE IA, IIA, IIIA, IVA, OR VA CONTROLLED                                                                                  
SUBSTANCE UNDER STATE LAW OR A SCHEDULE I, II, III,                                                                             
IV, OR V CONTROLLED SUBSTANCE UNDER FEDERAL                                                                                     
LAW]"                                                                                                                           
                                                                                                                                
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     Delete "a schedule [IA, IIA, IIIA, IVA, OR VA CONTROLLED                                                                   
SUBSTANCE UNDER STATE LAW OR A SCHEDULE I,] II, III,                                                                            
or IV [, or V] controlled substance under federal law"                                                                      
     Insert "an opiate prescribed for a duration of five or more days                                                       
[A SCHEDULE IA, IIA, IIIA, IVA, OR VA CONTROLLED                                                                                
SUBSTANCE UNDER STATE LAW OR A SCHEDULE I, II, III,                                                                             
IV, OR V CONTROLLED SUBSTANCE UNDER FEDERAL                                                                                     
LAW]"                                                                                                                           
                                                                                                                                
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     Delete "schedule II, III, or IV controlled substance under federal                                                         
law"                                                                                                                            
      Insert "opiate prescribed for a duration of five or more days"                                                           
                                                                                                                                

2016-04-15                     House Journal                      Page 2365
Page 23, lines 13 - 14:                                                                                                         
     Delete "a schedule II, III, or IV controlled substance under federal                                                       
law"                                                                                                                            
     Insert "an opiate prescribed for a duration of five or more days"                                                         
                                                                                                                                
Page 31, following line 20:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 34. AS 17.30.200(n) is amended by adding a new paragraph                                                              
to read:                                                                                                                        
              (5)  "opiate" has the meaning given in AS 11.71.900."                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
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Page 53, line 30, following "Act,":                                                                                             
     Insert "AS 17.30.200(n), as amended by sec. 34 of this Act"                                                                
     Delete "sec. 34"                                                                                                           
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2016-04-15                     House Journal                      Page 2367
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2016-04-15                     House Journal                      Page 2368
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     Insert "Sections 58 and 60 - 62"                                                                                           
                                                                                                                                
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Representative Vazquez moved and asked unanimous consent that                                                                   
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
Representative Munoz objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                

2016-04-15                     House Journal                      Page 2369
HCS CSSB 74(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 6                                                                                                                 
                                                                                                                                
YEAS:  8   NAYS:  29   EXCUSED:  2   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Chenault, LeDoux, Neuman, Reinbold, Tuck, Vazquez, Wilson,                                                               
Wool                                                                                                                            
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Foster, Gara, Gattis,                                                                          
Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller,                                                               
Kito, Kreiss-Tomkins, Lynn, Millett, Munoz, Nageak, Olson, Ortiz,                                                               
Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Tilton                                                              
                                                                                                                                
Excused:  Hawker, Thompson                                                                                                      
                                                                                                                                
Absent:  Colver                                                                                                                 
                                                                                                                                
And so, Amendment No. 6 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 7 was offered by Representatives Vazquez and                                                                      
Reinbold:                                                                                                                       
                                                                                                                                
Page 41, lines 4 - 9:                                                                                                           
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Representative Vazquez moved and asked unanimous consent that                                                                   
Amendment No. 7 be adopted.                                                                                                     
                                                                                                                                
Representative Seaton objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 74(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 7                                                                                                                 
                                                                                                                                
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Chenault, Gattis, Herron, Hughes, Johnson, Keller, Lynn,                                                                 
Millett, Neuman, Olson, Pruitt, Reinbold, Tilton, Vazquez, Wilson                                                               
                                                                                                                                

2016-04-15                     House Journal                      Page 2370
Nays:  Claman, Colver, Drummond, Edgmon, Foster, Gara,                                                                          
Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux,                                                                  
Munoz, Nageak, Ortiz, Saddler, Seaton, Spohnholz, Stutes, Talerico,                                                             
Tarr, Tuck, Wool                                                                                                                
                                                                                                                                
Excused:  Hawker, Thompson                                                                                                      
                                                                                                                                
Gattis changed from "Nay" to "Yea".                                                                                             
Lynn changed from "Nay" to "Yea".                                                                                               
Tilton changed from "Nay" to "Yea".                                                                                             
Olson changed from "Nay" to "Yea".                                                                                              
                                                                                                                                
And so, Amendment No. 7 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 4 was offered by Representatives Wilson, LeDoux,                                                                  
and Reinbold:                                                                                                                   
                                                                                                                                
Page 1, lines 9 - 12 (title amendment):                                                                                         
     Delete "relating to the controlled substance prescription                                                                
database; relating to the duties of the Board of Pharmacy; relating                                                           
to the duties of the Board of Dental Examiners; relating to the                                                               
duties of the Board of Nursing; relating to the duties of the Board                                                           
of Examiners in Optometry; "                                                                                                  
                                                                                                                                
Page 4, line 25, through page 5, line 20:                                                                                       
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 6, lines 25 - 28:                                                                                                          
     Delete ";                                                                                                              
              (7)  require that a licensee who has a federal Drug                                                           
     Enforcement Administration registration number register                                                                
     with the controlled substance prescription database under                                                              
     AS 17.30.200(o)"                                                                                                       
                                                                                                                                
Page 7, line 31, through page 10, line 20:                                                                                      
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                

2016-04-15                     House Journal                      Page 2371
Page 21, line 5:                                                                                                                
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     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
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     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
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2016-04-15                     House Journal                      Page 2372
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     Insert "sec. 25"                                                                                                           
                                                                                                                                
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     Insert "secs. 40 and 42(c)"                                                                                                
                                                                                                                                
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     Insert "secs. 40 and 42(d)"                                                                                                
                                                                                                                                
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     Insert "Sections 38 and 40 - 42"                                                                                           
                                                                                                                                

2016-04-15                     House Journal                      Page 2376
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Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
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Representative Wilson moved and asked unanimous consent that                                                                    
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Saddler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 74(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  12   NAYS:  26   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Chenault, Colver, Hughes, Johnson, Kawasaki, Keller, LeDoux,                                                             
Neuman, Reinbold, Tilton, Vazquez, Wilson                                                                                       
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Foster, Gara, Gattis,                                                                          
Guttenberg, Herron, Josephson, Kito, Kreiss-Tomkins, Lynn, Millett,                                                             
Munoz, Nageak, Olson, Ortiz, Pruitt, Saddler, Seaton, Spohnholz,                                                                
Stutes, Talerico, Tarr, Tuck, Wool                                                                                              
                                                                                                                                
Excused:  Hawker, Thompson                                                                                                      
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
HCS CSSB 74(FIN) am H was automatically in third reading.                                                                       

2016-04-15                     House Journal                      Page 2377
**The presence of Representative Thompson, who was excused (page                                                                
2357), was noted.                                                                                                               
                                                                                                                                
The question being:  "Shall HCS CSSB 74(FIN) am H pass the                                                                      
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                
HCS CSSB 74(FIN) am H                                                                                                           
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  33   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara,                                                                
Gattis, Guttenberg, Herron, Hughes, Josephson, Kawasaki, Keller,                                                                
Kito, Kreiss-Tomkins, Lynn, Millett, Munoz, Nageak, Olson, Ortiz,                                                               
Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson,                                                           
Tilton, Tuck, Wool                                                                                                              
                                                                                                                                
Nays:  Johnson, LeDoux, Neuman, Reinbold, Vazquez, Wilson                                                                       
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
And so, HCS CSSB 74(FIN) am H passed the House.                                                                                 
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
court rule changes.  There being no objection, it was so ordered.                                                               
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
HCS CSSB 74(FIN) am H was referred to the Chief Clerk for                                                                       
engrossment.