Legislature(2015 - 2016)CAPITOL 106

02/04/2016 03:00 PM HEALTH & SOCIAL SERVICES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as
Download Video part 1. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 226 EXTEND ALASKA COMMISSION ON AGING TELECONFERENCED
Moved HB 226 Out of Committee
-- Testimony <Invitation Only> --
+= HB 260 DAY CARE ASSISTANCE & CHILD CARE GRANTS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 262 SENIOR BENEFITS PROG. ELIGIBILITY TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= SB 23 IMMUNITY FOR PROVIDING OPIOID OD DRUG TELECONFERENCED
Moved HCS CSSB 23(HSS) Out of Committee
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
          SB 23-IMMUNITY FOR PROVIDING OPIOID OD DRUG                                                                       
                                                                                                                                
3:05:28 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the first order of  business would be                                                              
CS  FOR  SENATE BILL  NO.  23(JUD),  "An  Act relating  to  opioid                                                              
overdose  drugs and  to immunity  for  prescribing, providing,  or                                                              
administering opioid overdose drugs."                                                                                           
                                                                                                                                
3:07:15 PM                                                                                                                    
                                                                                                                                
SENATOR JOHNNY ELLIS, Alaska State Legislature, reported that                                                                   
there had been statewide support for the proposed bill, with no                                                                 
known opposition.                                                                                                               
                                                                                                                                
3:08:17 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON moved to adopt Amendment 1, labeled 29-S0058\E.6,                                                                  
Wallace, 2/3/16, which read:                                                                                                    
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
          Insert "relating to the practice of pharmacy;                                                                       
     relating to  the dispensing of opioid overdose  drugs by                                                                 
     a pharmacist; and"                                                                                                       
                                                                                                                                
     Page 1, following line 3:                                                                                                  
          Insert new bill sections to read:                                                                                     
        "* Section 1. AS 08.80.030(b) is amended to read:                                                                   
          (b)  In order to fulfill its responsibilities,                                                                        
     the board  has the  powers necessary for  implementation                                                                   
     and  enforcement of  this chapter,  including the  power                                                                   
     to                                                                                                                         
               (1)  elect a president and secretary from                                                                        
     its membership  and adopt rules  for the conduct  of its                                                                   
     business;                                                                                                                  
               (2)  license by examination or by license                                                                        
     transfer the  applicants who are qualified to  engage in                                                                   
     the practice of pharmacy;                                                                                                  
               (3)  assist the department in inspections                                                                        
     and investigations  for violations  of this chapter,  or                                                                   
     of any  other state or  federal statute relating  to the                                                                   
     practice of pharmacy;                                                                                                      
               (4)  adopt regulations to carry out the                                                                          
     purposes of this chapter;                                                                                                  
               (5)  establish and enforce compliance with                                                                       
     professional   standards  and   rules  of  conduct   for                                                                   
     pharmacists engaged in the practice of pharmacy;                                                                           
               (6)   determine standards for  recognition and                                                                   
     approval of  degree programs of schools and  colleges of                                                                   
     pharmacy   whose  graduates   shall   be  eligible   for                                                                   
     licensure  in this  state,  including the  specification                                                                   
     and   enforcement   of   requirements    for   practical                                                                   
     training, including internships;                                                                                           
               (7)       establish   for   pharmacists    and                                                                   
     pharmacies  minimum  specifications   for  the  physical                                                                   
     facilities,   technical   equipment,    personnel,   and                                                                   
     procedures   for    the   storage,   compounding,    and                                                                   
     dispensing  of drugs  or related  devices,  and for  the                                                                   
     monitoring of drug therapy;                                                                                                
               (8)   enforce the  provisions of this  chapter                                                                   
     relating  to the  conduct or  competence of  pharmacists                                                                   
     practicing   in   the   state,   and   the   suspension,                                                                   
     revocation,  or restriction  of  licenses  to engage  in                                                                   
     the practice of pharmacy;                                                                                                  
               (9)    license  and   regulate  the  training,                                                                   
     qualifications, and  employment of pharmacy  interns and                                                                   
     pharmacy technicians;                                                                                                      
               (10)   issue  licenses to  persons engaged  in                                                                   
     the manufacture  and distribution  of drugs and  related                                                                   
     devices;                                                                                                                   
               (11)    establish  and maintain  a  controlled                                                                   
     substance   prescription   database   as   provided   in                                                                   
     AS 17.30.200;                                                                                                              
               (12)       establish    standards   for    the                                                                   
     independent administration  by a pharmacist  of vaccines                                                                   
     and  related emergency  medications under  AS 08.80.168,                                                                   
     including  the completion  of  an immunization  training                                                                   
     program approved by the board;                                                                                         
               (13)  establish standards for  the independent                                                               
     dispensing  by a pharmacist  of an opioid overdose  drug                                                               
     under  AS 17.20.085,  including  the  completion  of  an                                                               
     opioid  overdose   training  program  approved   by  the                                                               
     board.                                                                                                                 
        * Sec. 2. AS 08.80.168(b) is amended to read:                                                                         
          (b)  In this section,                                                                                                 
               (1)   "opioid overdose  drug" has the  meaning                                                               
     given in AS 17.20.085;                                                                                                 
               (2)   "related emergency medication"  includes                                                               
     an  epinephrine injection  or other  medication for  the                                                                   
     treatment of a severe allergic reaction to a vaccine.                                                                      
        * Sec.  3. AS 08.80.168  is amended  by adding  a new                                                                 
     subsection to read:                                                                                                        
          (c)  A pharmacist may independently dispense an                                                                       
     opioid  overdose drug  if the  pharmacist has  completed                                                                   
     an  opioid overdose  drug training  program approved  by                                                                   
     the  board and  otherwise  complies with  the  standards                                                                   
     established by the board under AS 08.80.030(b).                                                                            
        * Sec. 4. AS 08.80.480(27) is amended to read:                                                                        
               (27) "practice of pharmacy" means the                                                                            
     interpretation,    evaluation,    and   dispensing    of                                                                   
     prescription   drug  orders   in   the  patient's   best                                                                   
     interest;  participation in  drug and device  selection,                                                                   
     drug administration,  drug regimen reviews, and  drug or                                                                   
     drug-related research;  provision of patient  counseling                                                                   
     and the  provision of those  acts or services  necessary                                                                   
     to provide  pharmaceutical  care; the administration  of                                                                   
     vaccines   and   related   emergency   medication;   the                                                               
     independent  dispensing of  opioid  overdose drugs;  and                                                               
     the  responsibility  for  compounding  and  labeling  of                                                                   
     drugs  and devices  except labeling  by a  manufacturer,                                                                   
     repackager,  or  distributor  of  nonprescription  drugs                                                                   
     and  commercially  packaged  legend drugs  and  devices;                                                                   
     proper  and  safe  storage  of drugs  and  devices;  and                                                                   
     maintenance of proper records for them;"                                                                                   
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 5"                                                                                                     
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
REPRESENTATIVE VAZQUEZ objected for discussion.                                                                                 
                                                                                                                                
CHAIR SEATON explained  that the proposed amendment  would allow a                                                              
pharmacist to  dispense the opioid  overdose drugs  independent of                                                              
a prescription by  adding to the responsibilities of  the Board of                                                              
Pharmacy and  to the definition of  the practice of pharmacy.   He                                                              
pointed out  that this  proposed amendment added  to the  title of                                                              
the proposed  bill to  include the practice  of pharmacy,  as well                                                              
as  adding  four new  Sections,  which  contained:   inclusion  of                                                              
standards for independent  dispensing of opioid drug  overdose and                                                              
an opioid overdose  training program as the responsibility  of the                                                              
Board of  Pharmacy;  inclusion of  opioid overdose drugs  with the                                                              
definition of  emergency medications;   allowance for  pharmacists                                                              
to independently  dispense opioid  overdose drugs if  training has                                                              
been completed  and standards of  the Board of Pharmacy  have been                                                              
fulfilled;  and, inclusion  of  independent  dispensing of  opioid                                                              
overdose  drugs in  the practice  of  pharmacy.   He reminded  the                                                              
committee  that the  amendment  included a  title  change for  the                                                              
proposed bill.                                                                                                                  
                                                                                                                                
SENATOR  ELLIS noted  that  other states  had  already made  these                                                              
changes,  that the  Fred  Meyer stores  in  the Pacific  Northwest                                                              
were ready to make  this drug available, and there  appeared to be                                                              
unanimous favor.                                                                                                                
                                                                                                                                
3:11:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ removed  her  objection.   There being  no                                                              
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
3:12:10 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON moved  to adopt Amendment 2,  labelled 29-LS0058\E.4,                                                              
Wallace, 1/29/16, which read:                                                                                                   
                                                                                                                                
     Page 2, line 5, following "program":                                                                                       
          Insert "; education and training under this                                                                           
       paragraph may be provided by any reasonable means,                                                                       
       including through the use of electronic, video, or                                                                       
     automated education or training resources"                                                                                 
                                                                                                                                
     Page 2, line 15, following "program":                                                                                      
          Insert "; education and training under this                                                                           
       paragraph may be provided by any reasonable means,                                                                       
       including through the use of electronic, video, or                                                                       
     automated education or training resources"                                                                                 
                                                                                                                                
REPRESENTATIVE VAZQUEZ objected for discussion.                                                                                 
                                                                                                                                
CHAIR SEATON  paraphrased from  Amendment 2,  stating that  it was                                                              
intended to  ensure that  the training  for administration  of the                                                              
opioid  overdose drug,  required by  the proposed  bill, could  be                                                              
provided by any reasonable means.                                                                                               
                                                                                                                                
3:12:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ removed  her  objection.   There being  no                                                              
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
3:13:22 PM                                                                                                                    
                                                                                                                                
SENATOR ELLIS  reflected  on the training  component mentioned  in                                                              
Amendment 2.   He reported  that, although  the drug was  safe and                                                              
there  had not  been any  problems, he  wanted to  make sure  that                                                              
people other  than medical  personnel also  had reasonable  access                                                              
to the training.                                                                                                                
                                                                                                                                
3:14:15 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON  moved to adopt  Amendment 3, labeled  29-LS0058\E.3,                                                              
Wallace, 1/28/16, which read:                                                                                                   
                                                                                                                                
     Page 2, line 20, following "assistant,":                                                                                   
          Insert "nurse,"                                                                                                       
                                                                                                                                
     Page 3, line 15, following "assistant,":                                                                                   
          Insert "nurse,"                                                                                                       
                                                                                                                                
REPRESENTATIVE VAZQUEZ objected for discussion.                                                                                 
                                                                                                                                
CHAIR SEATON  explained that  Amendment 3 would  allow a  nurse to                                                              
provide the required training.                                                                                                  
                                                                                                                                
3:14:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ removed  her  objection.   There being  no                                                              
further objection, Amendment 3 was adopted.                                                                                     
                                                                                                                                
3:15:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ  moved to report CSSB 23(JUD),  Version 29-                                                              
LS0058\E,   as  amended,   out   of  committee   with   individual                                                              
recommendations  and the accompanying  fiscal notes.   There being                                                              
no further  objection, HCS CSSB  23(HSS) was moved from  the House                                                              
Health and Social Services Standing Committee.                                                                                  
                                                                                                                                
3:16:26 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:16 p.m. to 3:19 p.m.                                                                       
                                                                                                                                
3:19:19 PM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  brought the  committee  back  to order,  and  noted                                                              
there was  also a resolution in  support of CSSB 23(JUD)  from the                                                              
Kenai Peninsula Borough [included in members' packets].                                                                         
                                                                                                                                

Document Name Date/Time Subjects
SB 23 Background_Legal opinion_regulatory vs civil immunity_Wallace_01.29.16.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 Proposed Amendment E.4.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 Proposed Amendment E.3.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 proposed amendment E.6.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 Support_Kenai Peninsula Borough resolution.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 Background_Response from DCCED-CBPL_2-3-16.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 Support_ASHNHA Letter of Support.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
HB 226 Support_community care coalition_feb 3.pdf HHSS 2/4/2016 3:00:00 PM
HB 226
HB 226 Fiscal note_DHSS-SCBG-2-4-16.pdf HHSS 2/4/2016 3:00:00 PM
HB 226
HB 226 Fiscal Note_DHSS-COA-1-25-16_updated.pdf HHSS 2/4/2016 3:00:00 PM
HB 226
HB 226 Fiscal Note_DHSS-SDSA 2-4-16.pdf HHSS 2/4/2016 3:00:00 PM
HB 226
HB260 Response to HB 260 Questions in 012816 H-HSS.pdf HHSS 2/4/2016 3:00:00 PM
HB 260
HB 262 Response to HB 262 Questions in 012816 H-HSS.pdf HHSS 2/4/2016 3:00:00 PM
HHSS 3/15/2016 3:00:00 PM
HB 262
HB 262 proposed cs_ver w.pdf HHSS 2/4/2016 3:00:00 PM
HHSS 3/15/2016 3:00:00 PM
HB 262