Legislature(2013 - 2014)CAPITOL 106

03/18/2014 03:00 PM House HEALTH & SOCIAL SERVICES


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Audio Topic
03:03:15 PM Start
03:03:56 PM Presentation: Pediatric Partnership
03:28:57 PM Presentation: Alaska Health Workforce Coalition & Vacancy Study
04:05:08 PM HB324
04:39:07 PM HB361
05:07:07 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentations: TELECONFERENCED
- "Pediatric Partnership"
- "Alaska Health Workforce Coalition & Vacancy
Study"
+= HB 324 CONTROLLED SUBST. PRESCRIPTION DATABASE TELECONFERENCED
Heard & Held
*+ HB 361 LICENSING OF BEHAVIOR ANALYSTS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 324-CONTROLLED SUBST. PRESCRIPTION DATABASE                                                                     
                                                                                                                                
4:05:08 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR KELLER  announced  that the  next  order of  business                                                               
would be HOUSE  BILL NO. 324, "An Act relating  to the controlled                                                               
substance prescription database."                                                                                               
                                                                                                                                
4:06:34 PM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature,  addressed the  proposed  committee substitute  (CS)                                                               
for  HB  324,  labeled   28-LS1427\N,  Strasbaugh,  3/7/14  which                                                               
proposed  to  answer  some  of the  concerns  from  the  previous                                                               
meeting.   He directed attention to  page 3, line 9,  which added                                                               
"directly" so that  the hospital would administer the  drugs.  He                                                               
noted  that  some  rural  providers  did not  have  access  to  a                                                               
database, so  "through an electronic database  or another method"                                                               
was added  on page 3, line  10.  He  pointed to page 3,  line 30,                                                               
which  added  "a  secure  real-time" and  stated  that  once  the                                                               
prescription was  given to  the client  the information  would be                                                               
input  to  the  database.    Noting page  4,  line  22,  "who  is                                                               
licensed" was added  to ensure that access to data  was only by a                                                               
licensed  individual.   He stated  that the  final change  was on                                                               
page   4,   line   29,  whereby   "provider"   was   changed   to                                                               
"practitioner."                                                                                                                 
                                                                                                                                
4:09:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  moved  to adopt  the  proposed  committee                                                               
substitute  (CS) for  HB  324,  labeled 28-LS1427\N,  Strasbaugh,                                                               
3/7/14, as the working draft.                                                                                                   
                                                                                                                                
VICE CHAIR KELLER objected for discussion.                                                                                      
                                                                                                                                
REPRESENTATIVE  TARR asked  if the  payment portion  would remain                                                               
the same as the previous draft.                                                                                                 
                                                                                                                                
MR. POUND replied that it would remain the same.                                                                                
                                                                                                                                
4:09:47 PM                                                                                                                    
                                                                                                                                
[VICE CHAIR KELLER opened public testimony].                                                                                    
                                                                                                                                
WARD HURLBURT, M.D., Chief  Medical Officer/Director, Division Of                                                               
Public Health,  Central Office, Department  of Health  and Social                                                               
Services,  stated  that  the  administration   had  not  taken  a                                                               
position on the  proposed bill.  He referred to  the passage of a                                                               
similar law  in Missouri,  noting that  all 50  states now  had a                                                               
controlled  substance prescription  data base  program.   He said                                                               
there  was an  array for  how robust  the programs  were, and  he                                                               
pointed  to the  Oklahoma  program  with a  10  minute real  time                                                               
accessibility.   He  declared  that  had been  a  benefit to  the                                                               
program.  He  reported that Alaska downloaded  the information on                                                               
a monthly  basis.  He  declared that  all the programs  had value                                                               
for  addressing the  national  epidemic  of controlled  substance                                                               
prescription drug  abuse.   He said that  annual deaths  from the                                                               
illicit  use  of  these  legal   controlled  substances  had  now                                                               
surpassed  the  annual  deaths from  automobile  accidents.    He                                                               
stated that the more robust the  program, the more it would cost.                                                               
He noted that the responsible  department would have to determine                                                               
the program with  the greatest value for the cost.   He shared an                                                               
anecdote of  his work prior  to working  in Alaska.   He stressed                                                               
that availability  of these databases  was helpful  and important                                                               
to medical professionals.                                                                                                       
                                                                                                                                
4:12:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked who  paid for these  programs, and                                                               
for his recommendations for funding.                                                                                            
                                                                                                                                
DR.  HURLBURT replied  that he  clearly recognized  the challenge                                                               
for a reasonable, prudent approach  to funding for this important                                                               
program.                                                                                                                        
                                                                                                                                
4:14:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  asked  for   clarification  that  the  fees                                                               
through the Board of Pharmacy would finance the program.                                                                        
                                                                                                                                
DR. HURLBURT replied  that it was a reasonable cost  to impose on                                                               
the health care businesses.                                                                                                     
                                                                                                                                
REPRESENTATIVE  TARR asked  if any  other programs  were charging                                                               
the patient for this service.                                                                                                   
                                                                                                                                
DR. HURLBURT replied that he did  not know, though he offered his                                                               
belief that it would be difficult.   If a cost was imposed at the                                                               
point  where the  controlled substance  was  dispensed, then  the                                                               
patient, or the third party payer, would bear the cost.                                                                         
                                                                                                                                
4:16:58 PM                                                                                                                    
                                                                                                                                
MARGARET BRODIE, Director, Director's  Office, Division of Health                                                               
Care  Services, said  that it  was necessary  to study  who would                                                               
benefit from  the database, and  look for funding from  those who                                                               
benefited.                                                                                                                      
                                                                                                                                
VICE CHAIR KELLER offered his  belief that the funding would need                                                               
to come from  the pharmacists.  He suggested that  there could be                                                               
other funding sources, including  private donations, and he asked                                                               
for  any  suggestions  from  Department   of  Health  and  Social                                                               
Services (DHSS).                                                                                                                
                                                                                                                                
4:18:37 PM                                                                                                                    
                                                                                                                                
MS.  BRODIE stated  that DHSS  supported the  database and  would                                                               
work with whomever to make it successful.                                                                                       
                                                                                                                                
REPRESENTATIVE REINBOLD declared that  the community, as a whole,                                                               
benefited  from  the database.    She  suggested finding  funding                                                               
alternatives to avoid conflict with the pharmacies.                                                                             
                                                                                                                                
4:20:27 PM                                                                                                                    
                                                                                                                                
DIRK WHITE, Chairman, Board of  Pharmacy, reported that the Board                                                               
of Pharmacy  had taken  on the  responsibility of  overseeing the                                                               
program when it  was passed in 2008.   At that time,  there was a                                                               
letter of  intent that there would  not be a financial  burden on                                                               
the  Board  of  Pharmacy  or  the  pharmacists  for  running  the                                                               
program.   He declared  that it  was a  public safety  issue, and                                                               
that  everyone  in  the  state benefited  by  the  prevention  of                                                               
narcotics  and  other   dangerous  prescription  medication  from                                                               
reaching  the  street.    He  said that,  as  all  the  citizenry                                                               
benefited, there  should not  be fees  imposed on  the providers.                                                               
He asked how  the fees would be collected  and then disseminated.                                                               
He said  that this would  become a non-funded state  mandate, and                                                               
he   listed  other   non-funded   federal   mandates  for   which                                                               
pharmacists were  responsible.   He said  that all  the providers                                                               
had  similar fees.    He  stated that  this  benefit  to all  the                                                               
citizens of the state needed to be funded by the state.                                                                         
                                                                                                                                
4:24:15 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  KELLER stated that  the fees  would get passed  on to                                                               
the customers.                                                                                                                  
                                                                                                                                
MR. WHITE  explained that these fees  would not be passed  on, as                                                               
the pharmacists cannot change their  reimbursement rates, and any                                                               
increased costs had to be absorbed by the pharmacist.                                                                           
                                                                                                                                
4:25:27 PM                                                                                                                    
                                                                                                                                
PATRICIA  SENNER,   Family  Nurse  Practitioner,   Alaska  Nurses                                                               
Association, expressed her support for  the change in wording for                                                               
entry data  users.  She  relayed that the Legislative  Budget and                                                               
Audit  Committee was  holding hearings  regarding the  accounting                                                               
practices  of   the  Division  of  Corporations,   Business,  and                                                               
Professional  Licensing  [Department  of  Commerce,  Community  &                                                               
Economic  Development],  with   some  possible  "deficiencies  or                                                               
problems in  that area" and she  did not want to  add any further                                                               
responsibilities to  that division.   She suggested a tax  on the                                                               
pharmaceutical  companies that  make  the controlled  substances.                                                               
She pointed  to the state tobacco  tax and the state  liquor tax,                                                               
which  were   collected  from  the   distributors  and   not  the                                                               
individual dispensers.   She expressed support for  the real time                                                               
mandate, though she expressed concern  for any cost increase over                                                               
management of the current system.                                                                                               
                                                                                                                                
4:27:43 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR KELLER  said that  the  proposed bill  would be  held                                                               
over.                                                                                                                           
                                                                                                                                
4:28:09 PM                                                                                                                    
                                                                                                                                
LIS  HOUCHEN,   Director,  State  Government   Affairs,  National                                                               
Association  of  Chain Drug  Stores,  directed  attention to  the                                                               
letter  [Included in  members' packets]  that  she had  submitted                                                               
which listed  suggestions for  the proposed  bill.   Referring to                                                               
page  2, line  31,  and continuing  on  to page  3,  line 1,  she                                                               
suggested deleting "other  than the state."  She  stated that the                                                               
organization  was very  supportive of  this program,  noting that                                                               
only one  state did not  have a similar  program.  She  noted the                                                               
current lack of ability for online  real time, and she asked that                                                               
this be removed  from the proposed bill.  She  explained that the                                                               
program was  trying to discern a  history of abuse by  a specific                                                               
individual, and, as  that was revealed by activity  over a period                                                               
of time, the online real time  was not necessary.  She asked that                                                               
the  pharmacist and  the prescriber  not be  taxed, as  they were                                                               
already  paying to  provide the  information  and the  materials.                                                               
She suggested  a search for  alternative sources of  funding, and                                                               
mentioned a user  fee for those who access the  information.  She                                                               
stated that  the pharmacies could not  pass on this cost,  as the                                                               
rates  were already  fixed,  and she  asked  that an  alternative                                                               
source of funding be sought.                                                                                                    
                                                                                                                                
4:31:43 PM                                                                                                                    
                                                                                                                                
VICE CHAIR KELLER  replied that there was  a conceptual amendment                                                               
to be proposed that would address some of those concerns.                                                                       
                                                                                                                                
4:31:53 PM                                                                                                                    
                                                                                                                                
BARRY CHRISTENSEN,  Pharmacist, Co-Chair,  Legislative Committee,                                                               
Alaska   Pharmacists  Association,   declared   support  by   the                                                               
membership  for  the  prescription  substance data  base,  as  it                                                               
ensured  public  safety.     He  pointed  out   that  the  Alaska                                                               
Pharmacists  Association  had  submitted a  letter  [Included  in                                                               
members' packets].  He expressed  appreciation for licensed staff                                                               
to have  access to the data  base, and suggested that  it include                                                               
licensed staff in  other medical practices.  He  pointed out that                                                               
there   was  not   any  real   time  statewide   data  base   for                                                               
pseudoephedrine.   He asked for a  response to why there  was not                                                               
real time in Alaska.                                                                                                            
                                                                                                                                
4:34:47 PM                                                                                                                    
                                                                                                                                
DAN LYNCH referred  to an earlier proposal for a  similar bill in                                                               
2008 and  maintained that his  testimony remained  unchanged, the                                                               
proposed  bill  was  "unconstitutional   in  the  USA,  including                                                               
Alaska."   He referred to  the Fourth Amendment [Bill  of Rights]                                                               
and its  statement against unreasonable  search and seizure.   He                                                               
offered his  belief that success  statistics had  determined that                                                               
it "won't work now  in real time or dream time."   He referred to                                                               
the letter of  intent from the earlier proposed bill,  "it is not                                                               
the intent of the legislature  that the professional users of the                                                               
data  base  absorb  the  cost of  managing  this  public  program                                                               
through their license fees or  other fee structure," and declared                                                               
that  this  had already  been  established.   He  questioned  the                                                               
change  for increased  access to  the data  base, or  contracting                                                               
with a  private data base provider.   He declared that  the state                                                               
was unable  to monitor its  own employees.   He pointed  out that                                                               
the internet  was now the  global marketplace for purchases.   He                                                               
said it was  a waste of funds for this  "silly, incompetent, feel                                                               
good  legislation."   He  suggested using  the  time, effort  and                                                               
finances  "to address  reality, treatment,  real issues  and real                                                               
solutions."                                                                                                                     
                                                                                                                                
4:38:04 PM                                                                                                                    
                                                                                                                                
VICE CHAIR KELLER held over HB 324.                                                                                             
                                                                                                                                
4:38:25 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
4:38:55 PM                                                                                                                    
                                                                                                                                
VICE CHAIR KELLER removed his earlier objection to the proposed                                                                 
work draft.  There being no further objection, it was adopted.                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB 361 Sponsor Statement - DANS.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
HB 361 Letter of Support.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
HB 361 Sectional Analysis.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
HB 361 Version A - Licensing of Behavior Analysts.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
HB361-DCCED-CBPL-03-14-14.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
CSHB 324-N Sectional.pdf HHSS 3/18/2014 3:00:00 PM
HB 324
CSHB 324-N.pdf HHSS 3/18/2014 3:00:00 PM
HB 324
Early Life Toxic Stress 1-14.pptx HHSS 3/18/2014 3:00:00 PM
2012VacancyStudy–AHWC_HouseHSS_March2014 [Autosaved].pptx HHSS 3/18/2014 3:00:00 PM
HB361-DHSS-HCMS-03-17-14.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
HB 361 - Letter of Support - Richard Kiefer-O'Donnell.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
HB 361 Letter of Support Rachel White.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
HB 361 - Letter of Support - Suzanne Letso.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
HB324-DCCED-CBPL-03-17-14.pdf HHSS 3/18/2014 3:00:00 PM
HB 324
HB 361 - Letter of Support - Annette Blanas.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
HB 361 - Letter of Support - Lisa Klessen and others.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
HB 361 - Premera Letter - Supporting BCBA licensure.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
BACB Fact Sheet.pdf HHSS 3/18/2014 3:00:00 PM
HB 361 - Letter of Support - Rebekah Edge.pdf HHSS 3/18/2014 3:00:00 PM
HB 361
HB 324 PDMP Rep Keller 03182014.pdf HHSS 3/18/2014 3:00:00 PM
HB 324
HB 324 PDMP testimony 3 18 2014.pdf HHSS 3/18/2014 3:00:00 PM
HB 324