Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/16/2014 07:00 AM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 281 PRESCRIPTION WITHOUT PHYSICAL EXAMINATION TELECONFERENCED
Moved CSHB 281(L&C) Out of Committee
+ HB 309 DISTILLERY LICENSES TELECONFERENCED
Moved CSHB 309(L&C) Out of Committee
+ HB 357 ACCESS TO LICENSED PREMISES TELECONFERENCED
Moved HB 357 Out of Committee
+ HB 169 RCA REGULATION OF TELEPHONE DIRECTORIES TELECONFERENCED
Moved CSHB 169(L&C) Out of Committee
+= SB 8 PHARMACY AUDITS TELECONFERENCED
<Bill Hearing Canceled by Request of Sponsor>
        HB 281-PRESCRIPTION WITHOUT PHYSICAL EXAMINATION                                                                    
                                                                                                                                
7:05:21 AM                                                                                                                    
CHAIR DUNLEAVY  announced the  consideration of  HB 281.  "An Act                                                               
relating  to  prescription of  drugs  by  a physician  without  a                                                               
physical examination." He noted that  this was the first hearing.                                                               
[CSHB 281(L&C) was before the committee.]                                                                                       
                                                                                                                                
7:05:39 AM                                                                                                                    
REPRESENTATIVE  LYNN  GATTIS,  Alaska State  Legislature  Juneau,                                                               
Alaska, speaking  as sponsor  stated that  HB 281  is essentially                                                               
Section 2  of Senator Dyson's  SB 80, which this  committee heard                                                               
previously. HB 281  clarifies in statute that  physicians may not                                                               
be  sanctioned  for   dispensing  or  administering  prescription                                                               
medications without a physical examination  of the patient if the                                                               
prescription drug  is not a controlled  substance, or if it  is a                                                               
controlled substance that a licensed  medical provider is present                                                               
with the patient during the  examination. This practice, which is                                                               
called  telemedicine,  will allow  patients  to  obtain over  the                                                               
phone or  online consultations from  physicians that  are located                                                               
in   Alaska  who   can  diagnose   an  ailment   and  provide   a                                                               
prescription,  if  necessary.  Telemedicine has  worked  well  in                                                               
Alaska  for  the  Alaska Native  Tribal  Health  Consortium,  the                                                               
Veterans' Administration,  and the  military. It would  work well                                                               
for anyone in the state.                                                                                                        
                                                                                                                                
7:07:34 AM                                                                                                                    
SENATOR  OLSON  asked if  the  Alaska  State Medical  Association                                                               
(ASMA) had voiced an opinion on the bill.                                                                                       
                                                                                                                                
7:07:49 AM                                                                                                                    
REID  HARRIS, Staff,  Representative Lynn  Gattis, sponsor  of HB
281, reported that ASMA supports the bill.                                                                                      
                                                                                                                                
SENATOR OLSON  asked if  the sponsor  had solicited  support from                                                               
the chief medical officers in  departments such as the Department                                                               
of  Health  and Social  Services  (DHSS)  and the  Department  of                                                               
Corrections (DOC).                                                                                                              
                                                                                                                                
REPRESENTATIVE  GATTIS  said  yes,  and  that  is  why  the  bill                                                               
provides an exemption for controlled substances.                                                                                
                                                                                                                                
SENATOR OLSON  asked if mid-level  practitioners have  a position                                                               
on the bill.                                                                                                                    
                                                                                                                                
MR. HARRIS said  a number of nurses have  submitted comments, but                                                               
the bill deals strictly with physicians.                                                                                        
                                                                                                                                
7:09:47 AM                                                                                                                    
LAURA   BROOKS,   Health   Care  Administrator,   Department   of                                                               
Corrections  (DOC),  said she  oversees  inmate  health care  and                                                               
appreciates the sponsor's efforts to  ensure that the bill allows                                                               
DOC to  continue to  practice as  it has  been. The  changes that                                                               
were made in the other body allow this.                                                                                         
                                                                                                                                
SENATOR  OLSON asked  if the  bill allows  something that  wasn't                                                               
allowed  before  or  if  it   simply  adds  clarity  to  existing                                                               
guidelines and regulations.                                                                                                     
                                                                                                                                
MS. BROOKS replied  the bill doesn't change  anything about DOC's                                                               
practice,  but  initially  it   didn't  allow  prescriptions  for                                                               
controlled  substances.  That  was   cause  for  concern  because                                                               
thousands of people enter the  corrections system every year that                                                               
require   the   prescription   of  controlled   substances.   The                                                               
amendments made in the House  allow the department to continue to                                                               
prescribe  controlled substances  to  these  high needs,  at-risk                                                               
individuals without sending them to  the local hospital or having                                                               
to have a provider on site 24/7 in every facility in the state.                                                                 
                                                                                                                                
SENATOR OLSON asked if Dr. Lawrence is in favor of the bill.                                                                    
                                                                                                                                
MS. BROOKS answered yes.                                                                                                        
                                                                                                                                
CHAIR DUNLEAVY opened and closed public testimony.                                                                              
                                                                                                                                
7:12:37 AM                                                                                                                    
SENATOR MICCICHE  said his office addressed  questions nurses had                                                               
about  physicians being  located out  of state,  confidentiality,                                                               
post op  care, and  whether the bill  was limited  to physicians.                                                               
Those  nurses  are satisfied  with  the  bill and  he  personally                                                               
supports it.                                                                                                                    
                                                                                                                                
SENATOR  OLSON  asked  Ms.  Chambers how  to  ensure  that  these                                                               
physicians    aren't    adversely    affected    by    inordinate                                                               
investigations.                                                                                                                 
                                                                                                                                
7:13:36 AM                                                                                                                    
SARA  CHAMBERS,  Director,  Division Corporations,  Business  and                                                               
Professional  Licensing, Department  of  Commerce, Community  and                                                               
Economic Development (DCCED), said  her understanding is that the                                                               
Medical  Board  doesn't  support  the bill  solely  because  they                                                               
believe  that a  physician-to-physician  relationship  is in  the                                                               
best interest  of the  health care priorities  of the  state. Her                                                               
perspective is  that telemedicine  would be regulated  fairly and                                                               
according  to the  same investigative  boundaries as  any medical                                                               
practice.                                                                                                                       
                                                                                                                                
SENATOR OLSON expressed  hope that she was  aware that physician-                                                               
to-physician  interaction  is  not  a  reality  in  rural  Alaska                                                               
because health care is delivered by mid-level practitioners.                                                                    
                                                                                                                                
SENATOR MICCICHE  related his  personal experience  using Teladoc                                                               
services for relatively minor conditions,  and opined that it may                                                               
add  levels of  care  for people  who tend  to  wait until  their                                                               
condition  gets  more serious.  He  asked  Senator Olson  if  his                                                               
constituents generally have the federal waiver.                                                                                 
                                                                                                                                
SENATOR OLSON confirmed that they're covered under federal tort.                                                                
                                                                                                                                
SENATOR MICCICHE restated his support for  the bill as a means of                                                               
reducing the cost of low-impact medical care.                                                                                   
                                                                                                                                
CHAIR  DUNLEAVY  found  no  further  questions  or  comments  and                                                               
solicited a motion.                                                                                                             
                                                                                                                                
7:18:49 AM                                                                                                                    
SENATOR  MICCICHE  moved  to  report  HB  281,  Version  N,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  DUNLEAVY announced  that without  objection CSHB  281(L&C)                                                               
was  reported   from  the  Senate   Labor  &   Commerce  Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
Comparison of SB 80 and HB 281 Publisher.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
SB 80
HB281 Opposing Document ASMB.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Summary of Changes A to U.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Sponsor Statement.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Summary of Changes U to N.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Supporting Document DOLWD Census Data.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Supporting Document Rand Press Release.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Supporting Document Rand Study.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Supporting Document Teladoc.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 ver A.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 ver N.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 ver U.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB281 Fiscal Note.pdf SL&C 4/16/2014 7:00:00 AM
HB 281
HB0309 Fiscal Note DCED.PDF SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Sectional Analysis.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Sponsor Statement.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article Anchorage Daily News 11-5-2010.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article Oakland North 12-11-2013.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article Daily Finance.com 2-18-2012.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article Texas Tribune 9-9-2013.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article WSBT News 9-26-2013.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Summary of Changes ver C to ver R.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Editorial Juneau Empire 4-6-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Article Portland Business Journal 5-25-2012.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Alaska Distillery 3-15-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Bare Distillery 3-15-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Explore Fairbanks 3-30-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter High Mark Distillery 3-18-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Haines Chamber of Commerce 3-5-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents-Letter Alaska Farm Bureau 3-27-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents-Letter Alaska Travel Industry Association 3-25-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Port Chilkoot Distillery 3-17-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents-Letter Brewers Guild of Alaska 3-25-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents - Letter Ursa Major Distilling 3-16-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 ver C.PDF SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 ver R.PDF SL&C 4/16/2014 7:00:00 AM
HB 309
HB309 Supporting Documents-Letter Kenai Peninsula Tourism Marketing Council 3-19-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 309
HB357 ver A - Access to Licensed Premise.pdf SL&C 4/16/2014 7:00:00 AM
HB 357
HB357 sponsor statement.pdf SL&C 4/16/2014 7:00:00 AM
HB 357
HB357 - Letter of Support - John Mattison Eagle River VFW 9785.pdf SL&C 4/16/2014 7:00:00 AM
HB 357
HB357 - fiscalNote.pdf SL&C 4/16/2014 7:00:00 AM
HB 357
CSHB169 v.N.pdf SL&C 4/16/2014 7:00:00 AM
HB 169
HB169 Sponsor Statement.pdf SL&C 4/16/2014 7:00:00 AM
HB 169
CSHB169 DCCED-RCA Fiscal Note 4-03-2014.pdf SL&C 4/16/2014 7:00:00 AM
HB 169
HB169 Supporting Document-Artice Washington Post .pdf SL&C 4/16/2014 7:00:00 AM
HB 169