Legislature(2021 - 2022)BELTZ 105 (TSBldg)

05/10/2022 09:00 AM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Convene at 5:30 pm --
-- Please Note Time Change --
+= HB 133 AK ED SAVINGS PROGRAMS/ELIGIBILITY TELECONFERENCED
Moved CSHB 133(L&C) Out of Committee
-- Testimony <Invitation Only> --
+ SB 181 IDENTIFICATION OF CONTRACTOR IN ADS TELECONFERENCED
Scheduled but Not Heard
-- Invited & Public Testimony --
*+ HB 289 AK MARIJUANA INDUSTRY TASK FORCE TELECONFERENCED
Moved CSHB 289(FIN) Out of Committee
*+ HB 145 EXPAND PHARMACIST AUTHORITY TELECONFERENCED
Moved CSHB 145(HSS) Out of Committee
+= HB 227 MUNI ENERGY IMPROVEMNT ASSESSMENT PROGRAM TELECONFERENCED
Moved SCS HB 227(L&C) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                HB 145-EXPAND PHARMACIST AUTHORITY                                                                          
                                                                                                                                
6:02:18 PM                                                                                                                    
CHAIR  COSTELLO   reconvened  the   meeting  and   announced  the                                                               
consideration of CS FOR HOUSE  BILL NO. 145(HSS) "An Act relating                                                               
to  the  Board of  Pharmacy;  relating  to health  care  services                                                               
provided by  pharmacists and  pharmacy technicians;  and relating                                                               
to the practice of pharmacy."                                                                                                   
                                                                                                                                
She noted that  this was the first hearing and  the intention was                                                               
to  hear  the introduction,  take  public  testimony, answer  any                                                               
questions, and look to the will of the committee.                                                                               
                                                                                                                                
6:02:51 PM                                                                                                                    
REPRESENTATIVE  LIZ  SNYDER,  Alaska State  Legislature,  Juneau,                                                               
Alaska, sponsor  of HB  145, described  HB 145  as a  health care                                                               
access bill  that provides long  overdue updates to  the statutes                                                               
governing the  practice of pharmacy  in Alaska so  the profession                                                               
is able to  continue providing the services  long associated with                                                               
pharmacy. HB 145:                                                                                                               
                                                                                                                                
   • defines patient care services that pharmacists and support                                                                 
     staff are able to provide                                                                                                  
   • allows pharmacy technicians to administer vaccines and                                                                     
     emergency medications under the direct supervision of a                                                                    
     licensed pharmacist                                                                                                        
   • empowers the Board of pharmacy to regulate pharmacists,                                                                    
     student pharmacists, and pharmacy support staff                                                                            
   • updates the statutes consistent with current practices and                                                                 
     training                                                                                                                   
   • updates the provider antidiscrimination statute to support                                                                 
     insurance coverage of these patient care services when they                                                                
     are provided by a pharmacist                                                                                               
                                                                                                                                
REPRESENTATIVE  SNYDER  clarified that  HB  145  does not  expand                                                               
pharmacists'   prescriptive   authority.  She   highlighted   the                                                               
extensive support for  the bill from pharmacists  and health care                                                               
organizations throughout the state.                                                                                             
                                                                                                                                
6:05:53 PM                                                                                                                    
CHAIR  COSTELLO  asked  Alliana Salanguit  to  walk  through  the                                                               
sectional analysis for HB 145.                                                                                                  
                                                                                                                                
6:06:01 PM                                                                                                                    
ALLIANA  SALANGUIT,  Staff,  Representative  Liz  Snyder,  Alaska                                                               
State  Legislature,  Juneau,   Alaska,  presented  the  sectional                                                               
analysis  for  HB 145  on  behalf  of  the  sponsor. It  read  as                                                               
follows:                                                                                                                        
                                                                                                                                
     Sec.  1: Adds  language to  AS 08.80.030(b)  Powers and                                                                  
     Duties of  the Board,  statute that outlines  the Board                                                                    
     of  Pharmacy's   powers,  that  allows  the   Board  of                                                                    
     Pharmacy  to adopt  rules to  regulate the  independent                                                                    
     monitoring of  drug therapy and  independent pharmacist                                                                    
     prescribing of vaccines and naloxone.                                                                                      
                                                                                                                              
     Sec.  2:   Adds  a  new  subsection   to  AS  08.80.045                                                                  
     Nonprescription  Drugs  that  aligns statute  with  the                                                                    
     current  practice  of   pharmacists  recommending  non-                                                                    
     prescription  medications  and   devices  for  treating                                                                    
     minor and self-limited conditions.                                                                                         
                                                                                                                                
     Sec.  3:  Amends  AS   08.80.155  Emergency  Permit  to                                                                  
     increase the  Board of Pharmacy's flexibility  to grant                                                                    
     emergency licenses  for all  relevant licenses  used in                                                                    
     pharmacies.                                                                                                                
                                                                                                                                
     Sec.  4:  Amends   AS  08.80.168(a)  Administration  of                                                                  
     Vaccines  and Related  Emergency Medications  by adding                                                                    
     "prescribe"   to    existing   vaccine   administration                                                                    
     statute.                                                                                                                   
                                                                                                                                
6:07:10 PM                                                                                                                    
MS. SALANGUIT continued the sectional analysis for HB 145.                                                                      
                                                                                                                                
     Sec. 5: Amends AS  08.80.168(b) by replacing "dispense"                                                                  
     with   "prescribe  and   administer"   in  regards   to                                                                    
     administering an opioid overdose drug.                                                                                     
                                                                                                                                
     Sec.  6: Adds  a new  subsection to  AS 08.80.168  that                                                                  
     allows a  pharmacy technician  to administer  a vaccine                                                                    
     or related  emergency medication but only  if they have                                                                    
     been authorized by  the Board of Pharmacy to  do so AND                                                                    
     if they are under the  direct supervision of a licensed                                                                    
     pharmacist who  meets the requirements in  AS 08.80.168                                                                    
     (a).                                                                                                                       
                                                                                                                                
     Sec. 7:  Adds language to AS  08.80.297(a) Prescription                                                                  
     Prices Available to Consumer  that allows personnel who                                                                    
     are not  licensed pharmacists to  disclose the  cost of                                                                    
     filling a  prescription when  directed by  a pharmacist                                                                    
     working at the same institution.                                                                                           
                                                                                                                                
6:07:57 PM                                                                                                                    
     Sec. 8: Amends AS  08.080 Pharmacists and Pharmacies by                                                                  
     adding a  new section, AS 08.80.337  Other Patient Care                                                                    
     Services, that:                                                                                                            
        • Allows a pharmacist to provide patient care                                                                           
          services for a disease or condition with an                                                                           
          existing diagnosis under an agreement made with                                                                       
          and approved by a practitioner                                                                                        
        • Limits patient care services that pharmacists can                                                                     
          provide to those that are minor, self-limiting,                                                                       
          and have a CLIA-waived laboratory test which                                                                          
          guides clinical decision making.                                                                                      
        • Provides language that allows pharmacists to be                                                                       
          reimbursed for providing these services                                                                               
                                                                                                                                
     Sec.  9: Amends  AS 08.80.480  Definitions by  removing                                                                  
     "dosage  form"  as  a definition  of  "equivalent  drug                                                                    
     product". This  allows pharmacists to make  minor, non-                                                                    
     therapeutic  changes  to prescriptions  using  clinical                                                                    
     judgement   and   expertise  without   contacting   the                                                                    
     prescriber for  verbal or  written approval.  This does                                                                    
     not  allow a  pharmacist  to substitute  a dosage  form                                                                    
     that would negatively  impact patient outcomes, safety,                                                                    
     or   cost   effectiveness.  Examples   of   appropriate                                                                    
     substitutions under this  section include changing from                                                                    
     a tablet  form of medication  to a capsule form  of the                                                                    
     same medication and strength.                                                                                              
                                                                                                                                
6:09:18 PM                                                                                                                    
MS. SALANGUIT continued the sectional analysis for HB 145.                                                                      
                                                                                                                                
     Sec.   10:   Amends    AS   08.80.480(30)   by   adding                                                                  
     "dispensing"  and  "independent   prescribing"  to  the                                                                    
     definition of the "Practice of  Pharmacy" to align with                                                                    
     the changes  made in  Section 4 &  5 (AS  08.80.168) of                                                                    
     this  bill.  These  additions better  represent  actual                                                                    
     provision of naloxone and vaccine by pharmacists.                                                                          
                                                                                                                                
     Sec. 11:  Amends AS 21.36.090(d)  Unfair Discrimination                                                                  
     to  include  "pharmacists"  as  protected  health  care                                                                    
     providers in the  provider anti-discrimination statute.                                                                    
     This  aligns the  state  statute  with federal  statute                                                                    
     (CFR   438.12)   and   afford  pharmacists   the   same                                                                    
     protection  as  all  other  healthcare  providers  when                                                                    
     engaging  health plans  for  covered  services such  as                                                                    
     ordering   laboratory  tests,   point-of-care  testing,                                                                    
     vaccine  prescribing  and administration,  preventative                                                                    
     health    services,   managing    minor   self-limiting                                                                    
     conditions, and participating  in collaborative disease                                                                    
     state management.                                                                                                          
                                                                                                                                
     Sec.  12: Amends  AS 21.42  The  Insurance Contract  by                                                                  
     adding   language  ensuring   health  insurance   plans                                                                    
     reimburse   pharmacists   for  eligible   health   care                                                                    
     services they provide.                                                                                                     
                                                                                                                                
CHAIR COSTELLO asked if there were questions.                                                                                   
                                                                                                                                
6:09:34 PM                                                                                                                    
SENATOR   MICCICHE   asked   for  an   explanation   of   "unfair                                                               
discrimination"  because  it  seems  as though  it's  related  to                                                               
providers.                                                                                                                      
                                                                                                                                
MS.  SALANGUIT  confirmed  that   the  statute  addresses  unfair                                                               
discrimination  by  providers;  it  lists  all  the  health  care                                                               
providers with the exception of pharmacists.                                                                                    
                                                                                                                                
SENATOR MICCICHE asked  what that statute covered and  how it was                                                               
associated with pharmacists.                                                                                                    
                                                                                                                                
6:10:24 PM                                                                                                                    
REPRESENTATIVE SNYDER  explained that Alaska statute  and federal                                                               
statute  CFR  438.12  provide  protections  for  other  types  of                                                               
providers who deliver covered  services. Pharmacists have federal                                                               
protection and Section 11 of  the bill extends that protection to                                                               
pharmacists   practicing   in   Alaska.  She   deferred   further                                                               
explanation to the chair of the Board of Pharmacy.                                                                              
                                                                                                                                
SENATOR  MICCICHE requested  Board  of  Pharmacy Chair  Ruffridge                                                               
describe the type of discrimination this protects against.                                                                      
                                                                                                                                
6:11:37 PM                                                                                                                    
JUSTIN  RUFFRIDGE,  Chair,  State Board  of  Pharmacy,  Soldotna,                                                               
Alaska,  explained that  the  change  to the  anti-discrimination                                                               
statute  allows  pharmacists to  bill  for  health care  services                                                               
through  Medicare, Medicaid,  and private  insurance. Pharmacists                                                               
often are  unable to bill  for certain testing and  other limited                                                               
patient  care  services because  they  are  not recognized  as  a                                                               
provider.  The amendment  addresses  this  issue by  specifically                                                               
mentioning pharmacists in the anti-discrimination statute.                                                                      
                                                                                                                                
SENATOR MICCICHE expressed appreciation for the answer.                                                                         
                                                                                                                                
6:13:08 PM                                                                                                                    
CHAIR COSTELLO opened public testimony on HB 145.                                                                               
                                                                                                                                
6:13:13 PM                                                                                                                    
TOM WADSWORTH,  representing self,  Wasilla, Alaska,  stated that                                                               
he is  a pharmacist licensed  in Alaska and the  administrator of                                                               
UAAs  ISU  Doctor of Pharmacy  program. He clarified that  he was                                                               
not representing  the university.  Rather, he  was speaking  as a                                                               
practicing pharmacist and Doctor  of Pharmacy educator in support                                                               
of HB 145.                                                                                                                      
                                                                                                                                
He  conveyed   that  HB  145   represents  two  years   of  close                                                               
collaboration  between the  Alaska  Pharmacists Association,  the                                                               
Board of  Pharmacy, and the  School of Pharmacy. The  updates are                                                               
long  overdue  and  more   accurately  reflect  the  contemporary                                                               
practices of  pharmacy and  pharmacists. The  public is  aware of                                                               
pharmacists  working  in  retail  settings  such  as  Walmart  or                                                               
Safeway but  60 percent  of pharmacists  actually work  in health                                                               
systems, primary care systems, and tribal systems.                                                                              
                                                                                                                                
MR.  WADSWORTH  explained  that   a  pharmacist  is  behind  ever                                                               
medication order and  they also provide a variety  of health care                                                               
services unrelated  to dispensing  medication. This has  been the                                                               
case for  over 30 years  in Alaska,  primarily in the  VA system,                                                               
tribal  organizations, and  private sector.  He said  this simply                                                               
contemporizes the  statute so  the Board of  Pharmacy is  able to                                                               
promulgate regulations around those practices.                                                                                  
                                                                                                                                
He highlighted that the Doctor  of Pharmacy program in Alaska was                                                               
growing its  own pharmacists. Over  40 pharmacists  had graduated                                                               
and they were all practicing  in Alaska communities. He said they                                                               
are  competent  health  care  providers who  should  be  able  to                                                               
practice at the highest level of their education.                                                                               
                                                                                                                                
6:15:53 PM                                                                                                                    
LIV  SWONGER,  Doctor  of Pharmacy  Student,  UAA/ISU  Doctor  of                                                               
Pharmacy  Program,  Anchorage,  Alaska,  stated that  she  was  a                                                               
fourth  year Doctor  of  Pharmacy student  on  the University  of                                                               
Alaska  Anchorage campus,  speaking  in support  of  HB 145.  She                                                               
conveyed her  belief that HB  145 will  allow her to  practice to                                                               
the full extent  of her education and training  when she receives                                                               
her Doctor  of Pharmacy  degree next year.  Provisions in  HB 145                                                               
will increase  accessibility for pharmacists to  provide critical                                                               
health  care  services  such  as  independently  monitoring  drug                                                               
therapies for high blood pressure  and diabetes. Additionally, HB
145 will  help give pharmacists  the ability to prescribe  and be                                                               
reimbursed for  the life-saving overdose reverse  medication such                                                               
as Naloxone. This will help  combat Alaska's high overdose deaths                                                               
involving opioids. Passage of HB  145 will also mitigate barriers                                                               
to care  by allowing  people experiencing  illness such  as strep                                                               
throat  or  influenza to  access  testing  and treatment  through                                                               
community  pharmacists.   Finally,  adding  pharmacists   to  the                                                               
insurance   anti-discrimination    statute   will    ensure   the                                                               
sustainability  of and  access to  services that  pharmacists can                                                               
provide.                                                                                                                        
                                                                                                                                
CHAIR  COSTELLO asked  Renee Robinson  if she  wanted to  provide                                                               
testimony on HB 145.                                                                                                            
                                                                                                                                
6:18:35 PM                                                                                                                    
RENEE ROBINSON, President,  Alaska Pharmacists Association (APA),                                                               
Anchorage, Alaska,  stated that  she was available  for questions                                                               
and had not prepared specific  testimony, but as president of the                                                               
Alaska  Pharmacists   Association  she  was  supportive   of  the                                                               
legislation.  This   has  been   a  collaborative   effort  among                                                               
stakeholders over the past two years, she said.                                                                                 
                                                                                                                                
6:19:00 PM                                                                                                                    
CHAIR COSTELLO closed public testimony on HB 145.                                                                               
                                                                                                                                
6:19:20 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
6:19:43 PM                                                                                                                    
CHAIR COSTELLO reconvened the meeting and solicited a motion.                                                                   
                                                                                                                                
6:19:49 PM                                                                                                                    
SENATOR REVAK moved to report the committee substitute (CS) for                                                                 
HB 145, work order 32-LS0720\B, from committee with individual                                                                  
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
CHAIR COSTELLO found no objection, and CSHB 145(HSS) was                                                                        
reported from the Senate Labor and Commerce Standing Committee.                                                                 
                                                                                                                                
6:20:19 PM                                                                                                                    
REPRESENTATIVE SNYDER thanked the committee.                                                                                    

Document Name Date/Time Subjects
HB 227 Amendment W.2.pdf SL&C 5/10/2022 9:00:00 AM
HB 227