Legislature(2001 - 2002)

01/30/2001 09:37 AM House ARR

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
                       JOINT COMMITTEE ON                                                                                     
                ADMINISTRATIVE REGULATION REVIEW                                                                              
                        January 30, 2001                                                                                        
                           9:37 a.m.                                                                                            
                                                                                                                                
                                                                                                                                
HOUSE MEMBERS PRESENT                                                                                                         
                                                                                                                                
Representative Lesil McGuire, Chair                                                                                             
Representative Jeannette James                                                                                                  
Representative Joe Hayes                                                                                                        
                                                                                                                                
HOUSE MEMBERS ABSENT                                                                                                          
                                                                                                                                
All House members present                                                                                                       
                                                                                                                                
SENATE MEMBERS PRESENT                                                                                                        
                                                                                                                                
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
SENATE MEMBERS ABSENT                                                                                                         
                                                                                                                                
Senator Robin Taylor, Vice Chair                                                                                                
Senator Lyda Green                                                                                                            
                                                                                                                              
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Gretchen Guess                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Overview of Committee by Chair, Rep. Lesil McGuire                                                                              
Tam Cook Legislative Legal, Review of Cmte Powers                                                                               
Deborah Behr Dept of Law, Law's Review of Regulations                                                                           
Board of Pharmacy Review                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TAMARA COOK, Director                                                                                                           
Legal and Research Services                                                                                                     
Legislative Affairs Agency                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building                                                                                                                
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Reviewed the powers of the committee.                                                                      
                                                                                                                                
DEBORAH BEHR, Assistant Attorney General                                                                                        
Legislation & Regulations Section                                                                                               
Civil Division(Juneau)                                                                                                          
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, Alaska 99811-0300                                                                                                       
POSITION STATEMENT:  Presented the Department of Law's review of                                                                
regulations.                                                                                                                    
                                                                                                                                
CATHERINE REARDON, Director                                                                                                     
Division of Occupational Licensing                                                                                              
Department of Community & Economic Development                                                                                  
PO Box 110806                                                                                                                   
Juneau, Alaska 99811-0806                                                                                                       
POSITION STATEMENT:  Reviewed the Board of Pharmacy regulations.                                                                
                                                                                                                                
DR. COLLEEN MURPHY                                                                                                              
(No address provided.)                                                                                                          
POSITION STATEMENT:  Expressed her interest in [collaborative                                                                   
agreements with pharmacists] proceeding.                                                                                        
                                                                                                                                
LIS MERTEN                                                                                                                      
National Association of Chain Drug Stores                                                                                       
(No address provided.)                                                                                                          
POSITION STATEMENT:  Testified in support of the Board of                                                                       
Pharmacy regulations.                                                                                                           
                                                                                                                                
ROD SHAFER, Executive Director                                                                                                  
Washington State Pharmacist Association                                                                                         
1501 Taylor Avenue SW                                                                                                           
Renton, Washington                                                                                                              
POSITION STATEMENT:  Reviewed Washington's experience with                                                                      
collaborative agreements involving pharmacists.                                                                                 
                                                                                                                                
MARK BOHRER, Pharmacist                                                                                                         
Member, Board of Pharmacy                                                                                                       
19725 Highland Ridge Drive                                                                                                      
Eagle River, Alaska 99577                                                                                                       
POSITION STATEMENT:  Offered additional information.                                                                            
                                                                                                                                
SHIRLEY CORSEY, Consultant Pharmacist                                                                                           
in Geriatrics                                                                                                                   
Providence Hospital                                                                                                             
25740 Berryhill Road                                                                                                            
Eagle River, Alaska 99577                                                                                                       
POSITION STATEMENT:  Offered additional information.                                                                            
                                                                                                                                
GARY GIVENS, President                                                                                                          
Alaska Pharmaceutical Association                                                                                               
Pharmacy Director, Alaska Native Medical Center                                                                                 
19638 Delphin Circle                                                                                                            
Eagle River, Alaska 99577                                                                                                       
POSITION STATEMENT:  Offered additional information.                                                                            
                                                                                                                                
BARRY CHRISTENSEN, Pharmacist                                                                                                   
3526 Tongass Avenue                                                                                                             
Ketchikan, Alaska  99901                                                                                                        
POSITION STATEMENT:  Discussed collaborative agreements.                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-1, SIDE A                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
CHAIR LESIL McGUIRE called the  Joint Committee on Administrative                                                               
Regulation  Review  to  order  at   9:37  a.m.    Representatives                                                               
McGuire,  James, and  Hayes were  present at  the call  to order.                                                               
Senator  Lincoln   arrived  as  the  meeting   was  in  progress.                                                               
Representative  Guess  was also  in  attendance.   Chair  McGuire                                                               
invited Ms. Cook to begin her review.                                                                                           
                                                                                                                                
REVIEW OF COMMITTEE POWERS                                                                                                    
                                                                                                                                
Number 0057                                                                                                                     
                                                                                                                                
TAMARA COOK,  Director, Legal and Research  Services, Legislative                                                               
Affairs Agency,  Alaska State Legislature,  began by  saying that                                                               
the Joint Committee on Administrative  Regulation Review (ARR) is                                                               
a permanent  interim committee of  the legislature that  has been                                                               
established in statute.  The general  powers of ARR is set out in                                                               
AS 24.20.460.   She  explained that the  committee was  formed to                                                               
review the  adoption of regulations  by the executive  branch and                                                               
consider  them  in terms  of  whether  or not  those  regulations                                                               
accomplish  legislative intent.   Ms.  Cook noted  that paragraph                                                               
(4)  AS  24.20.460  provides  the   committee  the  authority  to                                                               
consider proposed regulations.   The committee is  not limited to                                                               
review of regulations that are  adopted and filed.  The committee                                                               
can  get  involved  earlier in  [the  regulation-making/adoption]                                                               
process.                                                                                                                        
                                                                                                                                
Number 0187                                                                                                                     
                                                                                                                                
MS. COOK emphasized the importance  of the Supreme Court's ruling                                                               
in 1980, which  restricted the power of ARR with  respect to some                                                               
of  the statutory  provisions.   Those statutes  have never  been                                                               
amended  or  repealed  subsequent  to  that  ruling.    Ms.  Cook                                                               
explained:                                                                                                                      
                                                                                                                                
     Essentially,   the  Administrative   Regulation  Review                                                                    
     Committee, by  statute, has the authority  to recommend                                                                    
     to  the   full  legislature  that  they   consider  the                                                                    
     annulment  of  a  regulation  by  resolution.    ...the                                                                    
     mechanism  whereby  the  legislature can  exercise  the                                                                    
     legislative   veto    of   a   regulation    was   held                                                                    
     unconstitutional  in  the   case  State  v.  A.L.I.V.E.                                                                  
     Voluntary.  So,  it doesn't do either  the committee or                                                                  
     the   legislature   any   good   to   submit   such   a                                                                    
     recommendation  now,  to  the  full  legislature.    In                                                                    
     addition,  the  same case,  I  think,  makes it  fairly                                                                    
     clear that the power of  suspension that appears in the                                                                    
     statutes  for  the [Administrative]  Regulation  Review                                                                    
     Committee at [AS]  24.20.445 is not going  to be upheld                                                                    
     by  a court,  if you  attempted to  exercise it.   Now,                                                                    
     that  provision essentially  ... purports  to give  the                                                                    
     committee the  power to suspend the  effectiveness of a                                                                    
     regulation that it has objections  to.  And it seems to                                                                    
     me, quite clear, that the  committee cannot act to that                                                                    
     level.  Essentially, the court,  in State v. A.L.I.V.E.                                                                  
     held that if  the legislature wishes to  take an action                                                                    
     that has  binding legal effect  ... on others,  a third                                                                    
     party's,  that  it  must act  by  using  the  enactment                                                                    
     procedures that are set out  in the state constitution.                                                                    
     That  is, it  must pass  a law.   There  must be  three                                                                    
     readings, there  must be a required  vote separately by                                                                    
     each house.  The subject  must be reflected in the bill                                                                    
     and above  all, a piece  of legislation is,  of course,                                                                    
     subject  to  veto by  the  governor,  subject to  being                                                                    
     overridden  by  the  legislature.    So,  it  is  those                                                                    
     provisions that our court held  define the scope of the                                                                    
     power of the legislature to  effect the rights of third                                                                    
     parties  (indisc.).   So, I  think it  is important  to                                                                    
     bear in  mind that  while the  committee cannot  make a                                                                    
     recommendation  that  the legislature  effectively  use                                                                    
     its  legislative veto  authority through  the use  of a                                                                    
     resolution,   there  is   nothing  that   prevents  the                                                                    
     legislature  from doing  what  it has  always done  and                                                                    
     that is enacting laws.                                                                                                     
                                                                                                                                
MS. COOK continued:                                                                                                             
                                                                                                                                
     A regulation  is essentially  a legislative  power that                                                                    
     is  exercised by  the  executive  branch of  government                                                                    
     pursuant  to a  delegation by  the legislature  itself.                                                                    
     The legislature  can always  withdraw a  delegation ...                                                                    
     to a  certain extent.  So,  one of the things  that ...                                                                    
     the committee can certainly do  in response to concerns                                                                    
     about  a  regulation  is  to  look  at  the  underlying                                                                    
     legislation and  consider modifying the  legislation in                                                                    
     a way  that meets the  concerns of the committee.   The                                                                    
     committee  has  the   right  to  introduce  legislation                                                                    
     through the  Rules committee.   So, that ...  course of                                                                    
     action is  always available to  the legislature  and to                                                                    
     the  committee to  pursue  and  remains, probably,  its                                                                    
     most   potent   tool.     That   and,   I  would   say,                                                                    
     participation   in  the   regulation  process   at  the                                                                    
     proposal stage is potent.                                                                                                  
                                                                                                                                
Number 0454                                                                                                                     
                                                                                                                                
MS. COOK said:                                                                                                                  
                                                                                                                                
     The  other  thing  that  I   would  like  to  draw  the                                                                    
     attention of some  of the members of  this committee to                                                                    
     is the  fact that not  every regulation, a  fair number                                                                    
     of them  now, ...  is adopted under  the Administrative                                                                    
     Procedure  Act   [APA].    There   are  a   great  many                                                                    
     regulations in areas, where  the legislature has itself                                                                    
     made the  policy determination that they  were going to                                                                    
     give  a  particular  agency  or, in  the  case  of  the                                                                    
     railroad,  a public  corporation the  ability to  adopt                                                                    
     regulations  without  complying  with the  APA.    Now,                                                                    
     obviously, they  comply with some sorts  of due process                                                                    
     requirements  attached,  but  they're  not  necessarily                                                                    
     Administrative  Procedure  Act  regulations.    And,  I                                                                    
     think a lot of people  do not understand this.  There's                                                                    
     nothing  that  prevents  this  committee  from  getting                                                                    
     involved in  those sorts of  regulations as  well, even                                                                    
     though they're not subject to  the same kind of process                                                                    
     that  you  see.    Now,  ... the  APA  actually  has  a                                                                    
     provision  that  says  that  proposed  regulations  are                                                                    
     going to be delivered to  the committee for its review.                                                                    
     Some of  the other provisions  where you see  a statute                                                                    
     that says an  agency may adopt regulations  it does not                                                                    
     have to  follow the APA,  it also  goes on to  say that                                                                    
     those regulations  shall be submitted to  the committee                                                                    
     for its  review.   In many cases,  there's such  ... an                                                                    
     independent statement,  but not in all.   Nevertheless,                                                                    
     I  think it's  quite  clear that  this committee  could                                                                    
     consider  regulations from  sources where  the adopting                                                                    
     agency is  not required  to comply with  the APA.   And                                                                    
     so, that was a point that I thought I ought to make.                                                                       
                                                                                                                                
MS. COOK offered to answer questions from the committee.                                                                        
                                                                                                                                
Number 0584                                                                                                                     
                                                                                                                                
CHAIR McGUIRE related her belief that  there is actually a lot of                                                               
misconception about what  ARR can and cannot do.   She noted that                                                               
the  committee  packet  includes   Ms.  Cook's  overview  of  the                                                               
committee's power.                                                                                                              
                                                                                                                                
REPRESENTATIVE JAMES  commented that ARR  has, in the  past, been                                                               
successful in  negotiating [changes]  with the agency  during the                                                               
writing of the  regulations.  She emphasized  that this committee                                                               
can make a difference without introducing legislation.                                                                          
                                                                                                                                
Department of Law's Review of Regulations                                                                                     
                                                                                                                                
Number 0713                                                                                                                     
                                                                                                                                
DEBORAH   BEHR,  Assistant   Attorney   General,  Legislation   &                                                               
Regulations  Section, Civil  Division(Juneau), Department  of Law                                                               
(DOL), informed the  committee that she is the  person who signs-                                                               
off on  all the aforementioned  APA regulations.  Ms.  Behr noted                                                               
that  Steve  Weaver,  also  in   the  Legislation  &  Regulations                                                               
Section,  is   available  to   answer  regulatory   questions  on                                                               
particular projects.  She noted  that the committee packet should                                                               
include   the  current   "Administrative   Drafting  Manual   for                                                               
Regulations."   "All state agencies  that are required  to comply                                                               
with the APA  must meet this," she said.   This manual, which can                                                               
also be  found on the  Department of Law's home  page, highlights                                                               
all the different  steps in the regulatory process.   She offered                                                               
to give  the committee or  its staff  a separate briefing  on the                                                               
manual.   The  committee packet  should also  contain a  document                                                               
labeled,  "Exhibit 1,"  which is  the Alaska  Administrative Code                                                               
(AAC) contacts for the executive  branch.  She explained that the                                                               
governor  adopted an  Administrative Order,  which requires  that                                                               
each  department  have  an administrative  [regulatory]  contact.                                                               
She identified  this contact  person as  "one stop  shopping" for                                                               
that particular department and although  this person may not know                                                               
all the details, he/she will know how to obtain them.                                                                           
                                                                                                                                
Number 0878                                                                                                                     
                                                                                                                                
MS. BEHR  turned to two  recent statutory provisions.   She first                                                               
addressed the  statutory provision requiring  that administrative                                                               
regulations be posted  on the online public notices  [site].  She                                                               
directed  the committee  to the  document entitled,  "Exhibit 2."                                                               
The  online public  notice system  is running  and all  the state                                                               
agencies are using it.  She pointed  out that the site has a copy                                                               
of  the notice  for  the regulations,  which  specifies when  and                                                               
where the  hearings are.   Furthermore, if regulations  have been                                                               
adopted, it  provides a summary  of those regulations.   Ms. Behr                                                               
then  addressed  the  statutory  provision  regarding  e-mail  to                                                               
legislators and  the need  for legislators  to receive  e-mail as                                                               
fast as  possible.   She related her  understanding that  this is                                                               
being  implemented   by  all  agencies   that  have  to   do  APA                                                               
regulations.   She said that  she has  heard that has  been quite                                                               
successful.                                                                                                                     
                                                                                                                                
Number 0966                                                                                                                     
                                                                                                                                
MS.  BEHR announced  that she  would now  focus on  a pared  down                                                               
presentation regarding  how DOL  reviews regulations.   She again                                                               
offered to  provide the  committee or its  staff with  a separate                                                               
briefing  on this  matter.   Ms.  Behr  directed the  committee's                                                               
attention  to  a  document  entitled, "Exhibit  3,"  which  is  a                                                               
checklist that  DOL uses to  review regulations.   She emphasized                                                               
that DOL's statutory duties to  review APA regulations is a legal                                                               
review not  a policy review.   This review is a  two-level review                                                               
in  which an  agency attorney  is assigned  to every  project and                                                               
thus  each  project  will  include someone  who  deals  with  the                                                               
particular area of  law on a daily basis.   Then the review moves                                                               
up to  Ms. Behr's level  where [the  project] is reviewed  on the                                                               
basis  of  whether   it  complies  with  the   statutes  and  the                                                               
constitution.   She noted that  APA establishes  the requirements                                                               
for  the  timeframes regarding  how  long  regulations should  be                                                               
available  for public  comment and  when the  regulations can  be                                                               
adopted,  the  types  of  hearings required,  and  the  types  of                                                               
documents  required.   Ms. Behr  said that  she reviews  all that                                                               
information and the procedure followed.                                                                                         
                                                                                                                                
MS.   BEHR  remarked   that  the   committee  is   probably  most                                                               
interested  in  her  legal  review   of  the  substance  [of  the                                                               
regulations].  She  explained that first she  reviews whether the                                                               
state agency  has regulation-writing authority.   Next, she would                                                               
review whether  the regulation is  consistent with  the statutes.                                                               
She  noted that  she  would also  review  whether the  regulation                                                               
meets the legal  requirement to be reasonably  necessary to carry                                                               
out  the  statute  for  which she  generally  defers  to  boards,                                                               
commissions, and commissioners.   She pointed out  that she would                                                               
question  [a regulation]  if it  looked  like it  is outside  the                                                               
range of what  a court would approve.  Finally,  Ms. Behr reviews                                                               
whether   the   regulations   meet    the   state   and   federal                                                               
constitutions, which she remarked to  often be the most difficult                                                               
part of the review.                                                                                                             
                                                                                                                                
Number 1229                                                                                                                     
                                                                                                                                
MS.  BEHR turned  to the  issue  of how  long  it takes  to do  a                                                               
project,  to  which  she  said  it  depends.    However,  once  a                                                               
regulation is approved for filing  by the lieutenant governor, it                                                               
goes  to  the lieutenant  governor  who  now has  limited  review                                                               
authority.   The  legislature gave  the  lieutenant governor  the                                                               
ability to review "nonboard" regulations  on the basis of failing                                                               
to faithfully execute  the laws and give the agency  more time to                                                               
respond to specific issues raised by  ARR.  The committee has the                                                               
opportunity to  submit comments during the  public comment period                                                               
and  the lieutenant  governor can  review whether  those comments                                                               
were  responded to  appropriately.   Ms. Behr  echoed Ms.  Cook's                                                               
comment about the committee commenting  during the public comment                                                               
period.  She offered to answer any questions.                                                                                   
                                                                                                                                
Board of Pharmacy Review                                                                                                      
                                                                                                                                
CHAIR McGUIRE  announced that  the committee  would now  hear the                                                               
review of the Board of Pharmacy.                                                                                                
                                                                                                                                
Number 1363                                                                                                                     
                                                                                                                                
CATHERINE REARDON, Director,  Division of Occupational Licensing,                                                               
Department  of Community  &  Economic  Development, informed  the                                                               
committee  that  her division  oversees  the  Board of  Pharmacy,                                                               
which   adopted  regulations   on  January   12,  2001.     These                                                               
regulations    authorize    collaborative   agreements    between                                                               
pharmacists  and  physicians  or other  prescribing  health  care                                                               
professionals.  She  pointed out that these  regulations have not                                                               
yet  been approved  by  DOL  and that  process  may take  several                                                               
months.  If  these regulations were approved by  DOL, Ms. Reardon                                                               
projected the  results of these  regulations would be  evident in                                                               
the summer.   She  noted that  the regulations  should be  in the                                                               
committee packet.                                                                                                               
                                                                                                                                
MS. REARDON referred to page  2 of the regulations, which inserts                                                               
a  new  section   entitled,  "Pharmacist  Collaborative  Practice                                                               
Authority."   She noted  that she would  refer to  physicians for                                                               
purposes  of discussion,  although  this collaborative  agreement                                                               
could  be with  any  practitioner authorized  to prescribe  drugs                                                               
under AS 08.   She reviewed what the regulations  required in the                                                               
protocol as specified  in the new section 12 AAC  52.240 (b) (1)-                                                               
(7).  She  pointed out that this  [collaborative agreement] would                                                               
be restricted  to legend drugs, nonnarcotics.   Furthermore, this                                                               
written agreement  must be  submitted to  the Board  of Pharmacy,                                                               
who must approve it before the relationship is established.                                                                     
                                                                                                                                
Number 1573                                                                                                                     
                                                                                                                                
MS.  REARDON  referred  to  the   final  section  of  regulations                                                               
entitled  "Monitoring  of Drug  Therapy  By  Pharmacists."   This                                                               
section would allow a physician  to establish an agreement with a                                                               
pharmacist.   For example, the  monitoring may be such  that when                                                               
an  asthma  patient   comes  in  each  month   for  refills,  the                                                               
pharmacist tests this patient to  determine the amount of air the                                                               
patient can breath and depending  upon the results the pharmacist                                                               
can either renew the prescription or call the physician.                                                                        
                                                                                                                                
MS.  REARDON emphasized  that [these  regulations] deal  with the                                                               
Board of  Pharmacy.  [These regulations]  would allow pharmacists                                                               
to  enter   into  these  [collaborative]  agreements   under  the                                                               
specific conditions.   However, the Medical,  Nursing, and Dental                                                               
boards   would  retain   their  ability   to  govern   how  their                                                               
professionals behave.   Therefore,  those boards could  choose to                                                               
write  their own  regulations.   Furthermore,  the Medical  Board                                                               
retains the ability  to establish the rules for  doctors and thus                                                               
can  make   these  rules  more  restrictive   than  the  pharmacy                                                               
regulations,  if  the  Medical  Board   wanted  to  engage  in  a                                                               
regulation project.   The case would be the same  for the Nursing                                                               
and  Dental boards  as  well.   Ms.  Reardon  explained that  she                                                               
mentioned this  due to the  concern surrounding the  broadness of                                                               
the  regulations.    The  broadness of  the  regulations  may  be                                                               
advantageous  to the  other boards  because  each profession  can                                                               
tailor  [its regulations]  or  perhaps choose  not  to engage  in                                                               
[collaborative  agreements].   Ms. Reardon  also emphasized  that                                                               
these agreements are voluntary and  optional.  Furthermore, these                                                               
collaborative agreements could be focused  such that it refers to                                                               
a specific  patient or board  such that it  refers to a  class of                                                               
people.  She  noted that the Board of Pharmacy  did discuss these                                                               
regulations at five different meetings;  this has been a two year                                                               
process.                                                                                                                        
                                                                                                                                
Number 1789                                                                                                                     
                                                                                                                                
MS. REARDON  informed the committee  that an  Anchorage physician                                                               
had asked whether  the agreement she is  contemplating with local                                                               
pharmacists to  provide emergency contraception would  conform to                                                               
Medical Board standards.   On January 19 the  Medical Board wrote                                                               
that  this  physician  could  enter into  an  agreement  for  the                                                               
emergency contraceptive care after  the pharmacy regulations take                                                               
effect,  as long  as  the physician  ensures  the pharmacist  has                                                               
appropriate  education and  training.   She emphasized  that this                                                               
collaborative   agreement  is   not   specifically  directed   at                                                               
emergency contraceptives.                                                                                                       
                                                                                                                                
MS. REARDON concluded by reminding  the committee to keep in mind                                                               
the  current  realities   of  health  care.     She  related  her                                                               
impression  that   some  of  these   collaborative  relationships                                                               
between pharmacists  and physicians  may be  occurring now.   For                                                               
example,  in  a hospital  physicians  may  be delegating  certain                                                               
responsibilities to pharmacists.  She  also posed the possibility                                                               
that  physicians may  [already]  be  requesting that  pharmacists                                                               
refill  all   their  patients'  prescriptions  once   during  the                                                               
physician's absence.  Therefore,  perhaps these regulations would                                                               
provide  some   form  and  documentation  of   the  collaborative                                                               
relationships [that already exist].                                                                                             
                                                                                                                                
MS. REARDON  addressed the issue  of fragmentation of care.   She                                                               
posed an example  in which an individual obtains a  flu shot from                                                               
a pharmacist  who has  an agreement to  administer the  flu shot,                                                               
but the  agreement is not  with that individual's physician.   In                                                               
such a  case, there  is concern  regarding how  that individual's                                                               
physician would know that he/she had that treatment.                                                                            
                                                                                                                                
Number 1978                                                                                                                     
                                                                                                                                
DR. COLLEEN MURPHY testified via  teleconference.  She emphasized                                                               
the importance  of passing  these regulations  in order  to cover                                                               
the current practice  of medicine and pharmacy.   She pointed out                                                               
that  the   majority  of   Anchorage  hospitals   currently  have                                                               
pharmacists   working   in   collaborative   relationships   with                                                               
physicians.  Furthermore, pharmacists  and physicians are working                                                               
collaboratively  as  Ms.  Reardon  stated earlier.    Dr.  Murphy                                                               
informed  the  committee   of  a  physician  who   had  signed  a                                                               
collaborative  agreement  with  a  local  pharmacy  in  order  to                                                               
provide the flu vaccine and  the nuemococol(ph) vaccine under his                                                               
prescriptive authority.                                                                                                         
                                                                                                                                
DR. MURPHY  turned to the  issue of fragmentation of  health care                                                               
and stated,  "it's not  really fragmentation,  it depends  on how                                                               
you  choose to  work with  your health  professional colleagues."                                                               
She said that she would  like to think that [health professionals                                                               
would work] collaboratively.   Dr. Murphy expressed  the need for                                                               
any collaborative practice  agreement to have the  option for the                                                               
patient  to  request  for  the  encounter  provided  through  the                                                               
pharmacist   to  be   faxed  to   the  primary   care  physician.                                                               
Therefore,  the  fragmentation could  be  easily  overcome.   Dr.                                                               
Murphy mentioned that other  states with collaborative agreements                                                               
have  demonstrated that  some patients  don't want  their primary                                                               
care  physician  to know  about  the  care sought  outside  their                                                               
office.   In  conclusion, Dr.  Murphy expressed  her interest  in                                                               
[collaborative agreements with pharmacists] proceeding.                                                                         
                                                                                                                                
REPRESENTATIVE  JAMES  related  her understanding  that  in  many                                                               
cases,  the   pharmacist  may  be  more   familiar  with  certain                                                               
medications  than   a  physician.    She   asked  what  emergency                                                               
contraception is.                                                                                                               
                                                                                                                                
CHAIR McGUIRE, upon  determining that Dr. Murphy  was not online,                                                               
announced  that  Representative  James' question  would  be  held                                                               
until Dr. Murphy was back online.                                                                                               
                                                                                                                                
Number 2156                                                                                                                     
                                                                                                                                
LIS MERTEN, National Association  of Chain Drug Stores, testified                                                               
via  teleconference.   Although  she  said  that she  was  mainly                                                               
interested in listening to the  hearing, she noted support of the                                                               
regulations  being discussed.   Ms.  Merten echoed  Ms. Reardon's                                                               
earlier  statement that  these  [collaborative] arrangements  are                                                               
voluntary.                                                                                                                      
                                                                                                                                
SENATOR  LINCOLN  noted  that Washington  has  had  collaborative                                                               
agreements for  some time and thus  she asked if there  have been                                                               
any  problems.    She  also asked  if  Alaska's  regulations  are                                                               
similar to Washington's regulations.                                                                                            
                                                                                                                                
MS. MERTEN deferred to Rod Shafer.                                                                                              
                                                                                                                                
Number 2232                                                                                                                     
                                                                                                                                
ROD  SHAFER,  Executive  Director,  Washington  State  Pharmacist                                                               
Association,  noted that  he has  provided the  committee with  a                                                               
packet  of information  of which  one  side includes  information                                                               
provided at the  National Conference of State  Legislators.  That                                                               
information includes studies that  document the value pharmacists                                                               
bring  to  the  health  care  arena, that  is  value  in  patient                                                               
outcomes  and  dollars   saved.    The  second   portion  of  the                                                               
information     addresses    pharmacists'     contributions    in                                                               
collaborative practice  arrangements.   He said  that information                                                               
reviews  what collaborative  practice  arrangements  are and  the                                                               
advantages  of such.   He  noted that  the committee  should also                                                               
have information regarding  medication use in the U.S.   There is                                                               
also  a  section  that  addresses   the  potential  dollars  that                                                               
pharmacists'  services in  collaborative arrangements  could save                                                               
Medicaid.                                                                                                                       
                                                                                                                                
MR.  SHAFER then  turned  to the  Power  Point presentation  that                                                               
reviews  what has  happened in  Washington.   In 1979  Washington                                                               
enacted the  [collaborative practice agreement] laws  and in 1980                                                               
the  rules were  promulgated and  subsequently approved  in 1981.                                                               
Therefore,  Washington  has about  20  years  of experience  with                                                               
[collaborative  agreements].   He  referred  the  committee to  a                                                               
document  entitled, "1993-1999  Survey Goals"  that measured  the                                                               
satisfaction  from   the  pharmacist  and  the   prescriber,  the                                                               
frequency of use  of these arrangements, and  defined the impact,                                                               
and  determined  whether the  Board  of  Pharmacy should  promote                                                               
these arrangements as an effective  way of promoting health care.                                                               
In  1999  "we"  reviewed  what quality  insurance  measures  were                                                               
included in  these collaborative  practice agreements as  well as                                                               
what type  of data was collected.   He informed the  committee of                                                               
the following  information [that was obtained  from the surveys].                                                               
In  1993 there  were  57  protocols on  file  with  the State  of                                                               
Washington, the  majority of which  were with hospitals  and HMOs                                                               
(health maintenance  organizations).   Of those 57  protocols, 44                                                               
responded.  He indicated that  135 prescribers and 84 pharmacists                                                               
responded  as  well.    Mr.  Shafer  directed  attention  to  the                                                               
following information:   "utilization with seven  pharmacists and                                                               
27  physicians per  protocol."   He remarked  that many  of these                                                               
protocols had  to do with  group practices, which results  in the                                                               
skewed numbers.   In 1999  the number  of protocols has  grown to                                                               
358, which doesn't  include the 153 protocols  for the provisions                                                               
of emergency contraception ...                                                                                                  
                                                                                                                                
TAPE 01-1, SIDE B                                                                                                               
                                                                                                                                
MR. SHAFER  indicated that 88  of those  participating responded,                                                               
of which  "double the  amount of  pharmacists and  physicians ...                                                               
sent  in  their  surveys."     He  specified  that  the  type  of                                                               
prescriptive  authority  being looked  at  is  the initiation  of                                                               
therapy, the modification of [therapy],  and the continuation [of                                                               
therapy].   He explained that  the initiation could be  as simple                                                               
as someone  requesting a  flu shot,  which the  pharmacist gives.                                                               
Or,  the initiation  could be  such  that a  physician writes  an                                                               
order  and sends  a patient  to the  pharmacy-based pain  clinic.                                                               
The order could instruct the  pharmacist to control the patient's                                                               
pain per protocol.  Modification of  therapy would be in the case                                                               
of a patient  who is already on some protocol  and the pharmacist                                                               
reviews   the   protocol   [in  case]   there   are   extenuating                                                               
circumstances   that  prevent   compliance  with   the  treatment                                                               
protocol.   Mr. Shafer  reminded the  committee that  today there                                                               
are  over 10,000  drugs available.    Furthermore, the  treatment                                                               
modalities  are very  complex and  someone needs  "to hold  their                                                               
hand through that process and we  think the pharmacy plays a huge                                                               
role  in that."   He  indicated the  need for  the physician  and                                                               
pharmacist to work together in  order to have the results desired                                                               
by the physician, pharmacist, and  patient.  The continuation [of                                                               
therapy]  is   similar  to  the  aforementioned   example  of  [a                                                               
physician] being  gone and requesting that  [a pharmacist] refill                                                               
the patient's prescription [based on the agreement].                                                                            
                                                                                                                                
MR. SHAFER emphasized that in  Washington today 35 percent of all                                                               
protocols are  in chain pharmacies,  26 percent of  the protocols                                                               
are independent and  20 percent of the protocols  are in medical.                                                               
Therefore, about 78  percent of these protocols  are occurring in                                                               
ambulatory  care settings  not in  institutional settings.   This                                                               
illustrates  that more  care is  moved into  the community  where                                                               
people  are.   Mr. Shafer  identified  "the next  great 'Aha'  in                                                               
health care" as occuring when  there is the realization that when                                                               
health  care is  where  people  are, they  will  access  it.   He                                                               
continued, "When we  make it difficult for them  to access health                                                               
care, then  they don't  and we  end up with  people who  are very                                                               
sick  when  they   finally  get  to  our  doorstep."     This  is                                                               
exemplified with  immunizations such  as that  for the  flu shot.                                                               
Pharmacists in the State of  Washington provided over 135,000 flu                                                               
shots last year.                                                                                                                
                                                                                                                                
Number 2272                                                                                                                     
                                                                                                                                
CHAIR  McGUIRE  asked  if  there  have  been  any  lawsuits  that                                                               
resulted from [collaborative agreements].   She noted discussions                                                               
that  she has  had  regarding whether  physicians  in Alaska  can                                                               
delegate any of their healing authority.   She inquired as to the                                                               
liability for  the physician, if those  authorities are delegated                                                               
at the various stages.                                                                                                          
                                                                                                                                
MR. SHAFER answered, "After 20  years we've had no complaints, no                                                               
lawsuits, no  incidence of a  patient who  has been harmed.   Not                                                               
one."                                                                                                                           
                                                                                                                                
MR. SHAFER  continued with the  results of these  protocols after                                                               
20 years.  In 1993 there  was a 98 percent satisfaction rate from                                                               
physicians involved with  these.  He did note that  there was one                                                               
physician  and  one  pharmacist   who  were  unhappy  with  their                                                               
protocol, however, it didn't result  in anything bad happening to                                                               
patients.   In  1999 there  was  a 95  percent satisfaction  rate                                                               
[from physicians  involved with these protocols]  and pharmacists                                                               
were  also  satisfied.    He  turned  to  the  quality  assurance                                                               
measures and  noted that in  50 percent  of the cases,  there was                                                               
case review by the pharmacist and  the physician.  He noted other                                                               
quality   assurance  measures,   such  as   chart  audits,   [the                                                               
collection  of data  in regard  to] adverse  drug reactions,  and                                                               
complaints.   He said that there  is no review 34  percent of the                                                               
time.   Mr.  Shafer informed  the committee  that the  Washington                                                               
Medical Association has  a policy that says it is  not opposed to                                                               
collaborative   practice   agreements  between   physicians   and                                                               
pharmacists and other  health care providers as long as  it is on                                                               
a  one-to-one  basis.    In most  cases,  [the  Washington  State                                                               
Pharmacists Association]  agrees with  that.   He could  think of                                                               
two cases, emergency contraception  and immunizations, that would                                                               
need a  broader base protocol.   In fact, the  Washington Medical                                                               
Association  has  a resolution  that  endorses  the provision  of                                                               
emergency contraception and immunization by pharmacists.                                                                        
                                                                                                                                
Number 2097                                                                                                                     
                                                                                                                                
MR. SHAFER  turned to the outcome  data collected.  In  regard to                                                               
whether  the set  goals were  being achieved,  48 percent  of the                                                               
time [the goals were met].  He  noted that 44 percent of the time                                                               
patient satisfaction  and quality  of life issues  were reviewed.                                                               
Eighteen percent of  the time access to care  was being reviewed.                                                               
He  indicated  that  these collaborative  agreements  do  improve                                                               
access  to   care  because  the   most  accessible   health  care                                                               
professional  is the  pharmacist.   The  equivalent  of the  U.S.                                                               
population walks through a pharmacy  once a month, which provides                                                               
huge opportunities  for education and  "hand holding."   He noted                                                               
the collection of data regarding adverse events.                                                                                
                                                                                                                                
MR.  SHAFER   moved  on  to   the  perceived  impacts   from  the                                                               
prescribers  on the  patient.   He commented  on the  physicians'                                                               
[perception  that   these  collaborative   agreements]  increased                                                               
patient convenience,  decreased costs, and increased  the quality                                                               
of care.   The pharmacists'  perception was  a bit higher.   With                                                               
regard  to the  [Washington] Board  of Pharmacy's  recommendation                                                               
regarding whether  pharmacists should promote  collaborative drug                                                               
therapy management as a method  of improving patient outcomes, 76                                                               
percent of prescribers responded in  the affirmative.  Of course,                                                               
pharmacists had a  higher approval rating.  No  one expressed the                                                               
need  to  discourage this  type  of  collaboration.   Mr.  Shafer                                                               
reminded the committee that health care is based on protocols.                                                                  
                                                                                                                                
Number 1976                                                                                                                     
                                                                                                                                
MR. SHAFER  informed the  committee that  "we" didn't  survey the                                                               
153  emergency contraception  protocols that  are in  place.   He                                                               
explained  that RU486  is  not available  to  pharmacists nor  do                                                               
pharmacists want to  have the ability to handle that  drug in the                                                               
situations   it  would   be  used.      However,  the   emergency                                                               
contraception provision  - the morning  after pill - is  merely a                                                               
doubling of the  dose of a standard birth control  pill that must                                                               
be  taken  within 72  hours  of  unprotected intercourse.    Most                                                               
importantly, if  the egg is  fertilized and implanted,  the woman                                                               
is  pregnant  and  the emergency  contraception  product  can  do                                                               
nothing.   He stated,  "If you are  pregnant, you  are pregnant."                                                               
However,   if   the  egg   is   not   implanted,  the   emergency                                                               
contraception  product  may   slow  the  [implantation]  process.                                                               
Currently,  there are  two products  available, one  of which  is                                                               
referred to  as Plan  B.   Mr. Shafer  emphasized that  "this" is                                                               
nothing  new as  it has  been  known for  20 years  and has  been                                                               
available in  physician's offices.   Planned Parenthood  has been                                                               
providing this  [emergency contraception]  for a number  of years                                                               
in every state.  In the  State of Washington "they" provide about                                                               
5,000 interventions  for women in  a year.   The first  year that                                                               
pharmacists began  to provide this [which  includes an assessment                                                               
and  counseling]  to  women  that came  in,  the  pharmacist  did                                                               
12,000.    He  attributed  that  increase  to  making  [emergency                                                               
contraception] more accessible to people.   He noted that this is                                                               
on track  in the second  year with additional federal  funding to                                                               
expand into  rural Washington, which he  estimated would increase                                                               
the  interventions to  about  24,000.   Mr.  Shafer informed  the                                                               
committee  that  the  State  of   Washington  spends  about  $100                                                               
million, during conception to birth, on unintended pregnancies.                                                                 
                                                                                                                                
Number 1855                                                                                                                     
                                                                                                                                
SENATOR LINCOLN  referred to the  correspondence from  the Alaska                                                               
State Medical  Board and  the Alaska  Board of  Dental Examiners,                                                               
one  of which  is  reluctant to  proceed  with the  collaborative                                                               
agreement  and the  other is  opposed to  it.   She asked  if, 20                                                               
years ago,  the State  of Washington  faced those  same concerns.                                                               
If so, she asked how Washington was able to overcome the fears.                                                                 
                                                                                                                                
MR.   SHAFER  pointed   out  that   30   states  currently   have                                                               
collaborative drug therapy management.   The remaining states are                                                               
in   the  same   situation   as  Alaska.      He  remarked   that                                                               
[collaboration] is  generally accepted as good  medical practice.                                                               
The difference between Washington in  1979 and Alaska now is that                                                               
in  1979 everyone  was making  money.   However, today  the issue                                                               
seems  to be  about "turf"  and whether  such arrangements  would                                                               
take money and patients away from  certain groups.  He said there                                                               
seems to be two levels of  rhetoric.  Mr. Shafer also pointed out                                                               
that  the American  Medical Association  has passed  an ordinance                                                               
that "the  provision of emergency  contraception should  be over-                                                               
the-counter.   How you  leap over  having the  pharmacist provide                                                               
and give an  assessment to actually just anybody can  walk in off                                                               
the shelf, is an interesting jump for me."                                                                                      
                                                                                                                                
SENATOR LINCOLN returned to the  topic of the morning after pill.                                                               
She related her understanding that  if the egg is fertilized, the                                                               
morning after  pill won't help.   Furthermore, the  literature in                                                               
the packet  says that if  the egg  is fertilized and  the morning                                                               
after  pill is  taken,  it won't  damage the  fetus  or harm  the                                                               
mother.   She  indicated the  need for  Mr. Shafer  to expand  on                                                               
that.                                                                                                                           
                                                                                                                                
MR.  SHAFER explained  that  an  egg can  be  fertilized and  not                                                               
implanted.  In  such a case, the morning after  pill will prevent                                                               
implantation.  However, if the  egg is fertilized and implanted -                                                               
the woman is clinically pregnant -  it does nothing to abort that                                                               
nor does it do any harm to the fetus.                                                                                           
                                                                                                                                
Number 1658                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES   related  her  experience  with   her  own                                                               
pregnancy  in  which her  [egg]  was  not attached  well  enough.                                                               
Therefore, she  questioned what would  happen [if the  woman took                                                               
the morning after pill] in a situation such as hers.                                                                            
                                                                                                                                
MR. SHAFER answered,  "If the fertilized egg is  implanted in any                                                               
manner, there is no way that  this morning after pill is going to                                                               
dislodge that and that becomes a  ... medical issue that needs to                                                               
be dealt with by your physician."                                                                                               
                                                                                                                                
REPRESENTATIVE JAMES  remarked that  if these  contraceptives are                                                               
currently  only  given by  prescription  and  this can  be  given                                                               
without prescription, it  would seem that it  should be over-the-                                                               
counter.   If this is serious  and needs a prescription,  then it                                                               
would seem  that not  having a prescription  is problematic.   In                                                               
response  to Chair  McGuire, Representative  James said  that Mr.                                                               
Shafer  had answered  her  question [and  thus  hearing from  Dr.                                                               
Murphy  wasn't necessary].   Representative  James remarked  that                                                               
"emergency contraception" seems to be a misnomer.                                                                               
                                                                                                                                
MR.  SHAFER noted  that his  card was  included in  the committee                                                               
packet if the members need further information.                                                                                 
                                                                                                                                
ERIN  CAREY BYRNE,  Alaska Pharmaceutical  Association, announced                                                               
that she would cede  her time to a panel of  folks that have come                                                               
down from Anchorage.  She  introduced the panel members:  Shirley                                                               
Corsey,  Gary  Givens, and  Mark  Bohrer.    All three  of  these                                                               
pharmacists are  involved in  some form  of a  collaborative care                                                               
arrangement.                                                                                                                    
                                                                                                                                
MARK  BOHRER, Pharmacist;  Member, Board  of Pharmacy,  addressed                                                               
the  [aforementioned  suggestion]  of  the  danger  of  emergency                                                               
contraception being over-the-counter.   Mr. Bohrer said, "I think                                                               
having a  health care professional  involved is the  potential to                                                               
counsel  them   or  refer   them  to   a  physician   for  future                                                               
contraceptive needs so they don't have  to rely on this method as                                                               
a  form  of  contraception;  to  get  it  back  in  the  loop  of                                                               
providers."                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES asked, "The morning  after pill -- does that                                                               
mean that this person ... does  not have a prescription for birth                                                               
control pills or  is this in addition to the  birth control pills                                                               
that they maybe  are taking ....  What is  the connection between                                                               
doing that and taking a regular dosage?"                                                                                        
                                                                                                                                
SHIRLEY CORSEY,  Consultant Pharmacist in  Geriatrics, Providence                                                               
Hospital,  answered that  the protocol  is the  connection.   She                                                               
explained that within the  collaborative agreement, the physician                                                               
has  written  specific guidelines  for  a  patient that  fits  [a                                                               
certain] criteria.   This  would be similar  to a  person meeting                                                               
the criteria to receive a flu vaccination.                                                                                      
                                                                                                                                
REPRESENTATIVE  JAMES  asked  if  [the  protocol]  would  be  per                                                               
individual or in general.                                                                                                       
                                                                                                                                
MS. CORSEY  explained that  [the protocol]  would be  specific to                                                               
the physician and  how the physician writes the  criteria for the                                                               
collaborative agreement.                                                                                                        
                                                                                                                                
REPRESENTATIVE  JAMES asked,  then, if  the patient  has to  be a                                                               
patient of that [physician].                                                                                                    
                                                                                                                                
MS. CORSEY  replied no.   She explained that the  physician would                                                               
write a  protocol that would  delegate his authority  for persons                                                               
meeting the criteria [specified in the protocol].                                                                               
                                                                                                                                
(UNIDENTIFIED SPEAKER)  interjected that [the protocol]  could be                                                               
restricted to the physician's patients.                                                                                         
                                                                                                                                
REPRESENTATIVE JAMES  expressed concern with a  doctor delegating                                                               
his authority to do something for  someone who has never been his                                                               
patient.                                                                                                                        
                                                                                                                                
Number 1376                                                                                                                     
                                                                                                                                
GARY  GIVENS,   President,  Alaska   Pharmaceutical  Association;                                                               
Pharmacy  Director, Alaska  Native Medical  Center, said  that he                                                               
thinks this  refers to the  issue of the  independent prescribing                                                               
authority.    He  explained   that  physicians  have  independent                                                               
prescribing authority  that they  can give  to someone  else, who                                                               
would have dependent prescribing authority.                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES asked  how  these patients  are given  this                                                               
care or counseling; is there a separate office?                                                                                 
                                                                                                                                
MR. BOHRER  informed the committee  that he works in  the Wasilla                                                               
Fred Meyer that has a closed  room that is used for consultation.                                                               
He  emphasized  that he  does  not  discuss health  matters  when                                                               
someone  is  standing  in  line,  especially  with  something  as                                                               
delicate as  [emergency contraception].   In further  response to                                                               
Representative James,  Mr. Bohrer said  that the drug  product is                                                               
the cost.   Currently, emergency  contraception is  not [provided                                                               
at the pharmacy level] in Alaska.   With the vaccines, there is a                                                               
$10 charge.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES clarified  that  she is  interested in  how                                                               
pharmacists are  paid for everything  -- for  treating diabetics,                                                               
reading lab tests, et cetera.                                                                                                   
                                                                                                                                
MS. CORSEY  explained that  if the [treatment]  is directed  by a                                                               
physician as  part of  a collaborative  agreement, then  a Health                                                               
Care Financing  Administration (HCFA)  form can be  completed for                                                               
Medicaid reimbursement.                                                                                                         
                                                                                                                                
REPRESENTATIVE JAMES asked if there is a schedule of charges.                                                                   
                                                                                                                                
MS. CORSEY answered that Medicaid would determine that.                                                                         
                                                                                                                                
MR.  GIVENS said  that it  would  depend on  Medicaid or  private                                                               
insurance for  which there are  different reimbursements  set for                                                               
each.  He recalled that 40  of the states have passed regulations                                                               
for insurance to reimburse for collaborative care.                                                                              
                                                                                                                                
Number 1207                                                                                                                     
                                                                                                                                
MS. SHIRLEY  expressed the need for  Dr. Murphy or Mr.  Shafer to                                                               
speak to what the prevention  of an unintended pregnancy would do                                                               
to the abortion rate.                                                                                                           
                                                                                                                                
DR.  MURPHY  mentioned that  she  is  a  member of  the  American                                                               
Society  of Emergency  Contraception  and that  she attended  the                                                               
society's  national meeting  last  October.   She  said that  the                                                               
mechanism  of  action is  being  researched  as "we"  are  always                                                               
looking  for  more effective  ways  of  "contracepting" women  to                                                               
prevent unintended  pregnancy.   She informed the  committee that                                                               
"currently  the  only scientific  data  around  the mechanism  of                                                               
action  for  emergency contraception  appears  to  be related  to                                                               
delaying the  release of the egg."   She specified that  there is                                                               
no data  to support the  theories that  [emergency contraception]                                                               
would interfere with  fertilization, the transfer of  the egg and                                                               
sperm,  or change  the lining  of  the uterus  to interfere  with                                                               
implantation.  She  expressed the importance of  realizing that a                                                               
huge amount of  fertilized eggs never successfully  implant.  Dr.                                                               
Murphy  discussed results  of the  experience with  birth control                                                               
pills in early pregnancy.                                                                                                       
                                                                                                                                
Number 1055                                                                                                                     
                                                                                                                                
CHAIR McGUIRE returned to the  consultation process.  She related                                                               
her understanding that when  prescribing contraceptive pills, the                                                               
woman must undergo an examination  from which she is screened for                                                               
various  tendencies.   Therefore,  she inquired  as  to what  the                                                               
procedure would  be [from  the pharmacist].   She asked,  "Is the                                                               
woman going through  a full examination that screens  her for any                                                               
of  those  potential problems?    ...if  you  aren't, why  is  it                                                               
important to  do it when prescribing  regular oral contraceptives                                                               
that you take on a regular basis but not the 72-hour pill?"                                                                     
                                                                                                                                
DR.  MURPHY  pointed  out  that  unintended  pregnancy,  cervical                                                               
cancer,  and  sexually  transmitted  diseases  (STDs)  are  three                                                               
different issues  and thus  getting pregnant  doesn't necessarily                                                               
cause cervical cancer or [STDs].   Therefore, part of the problem                                                               
of linking contraception  with some of these  evaluations is that                                                               
many women are deterred from  coming to a doctor's office because                                                               
they can't afford  the complete evaluation.  She  noted that some                                                               
providers  are providing  "hormone  with  optional pelvic  exam,"                                                               
which  means  that a  history  is  taken  to determine  that  the                                                               
patient doesn't  have cardiovascular disease, hypertension,  or a                                                               
history of  hyper coagulation themselves  or in their  family and                                                               
then the birth  control is prescribed.  The pelvic  exam would be                                                               
done at  a later date.   Dr.  Murphy informed the  committee that                                                               
basically,  the  doses  of  medicine  in  the  current  forms  of                                                               
emergency  contraception are  equivalent to  three days  of birth                                                               
control pills.   Furthermore,  [the 72-hour  pill] does  not have                                                               
the same  contraindications that  a more  complex decision  for a                                                               
long-term prescription for birth control  pills.   She noted that                                                               
[the  72-hour  pill] does  not  cause  blood  clots.   She  said,                                                               
"Ironically,   it's  the   women  that   would  have   high  risk                                                               
pregnancies  that  emergency  contraception might  actually  best                                                               
serve."                                                                                                                         
                                                                                                                                
CHAIR McGUIRE  said that  she is aware  of the  distinctions that                                                               
Dr.  Murphy outlined.   However,  she  pointed out,  "There is  a                                                               
public policy  decision that we're  making that  removes patients                                                               
from  regular  screening with  their  physicians  and that  is  a                                                               
concern to recognize.  Oftentimes,  that might be the only reason                                                               
that a  woman goes in to  see her regular physician  for the year                                                               
to get her  oral contraceptions or things like that  and it might                                                               
be that one screening that turns up cervical cancer."                                                                           
                                                                                                                                
Number 0877                                                                                                                     
                                                                                                                                
MS. CORSEY  clarified that the  criteria is only for  the morning                                                               
after [pill]  not for the  long-term use of  oral contraceptives.                                                               
Furthermore,  the  screening is  part  of  the criteria  for  the                                                               
collaborative  practice  agreement  and thus  the  pharmacist  is                                                               
going  over   the  series  of  screening   questions  related  to                                                               
hypertension,  et cetera.   The  woman must  meet that  criteria.                                                               
With regard to  the long-term relationship with  a physician, the                                                               
State of  Washington found that  often the  woman in need  of the                                                               
morning after  pill, which must  be taken within 72  hours, needs                                                               
it  after   regular  business  hours   or  during   the  weekend.                                                               
Therefore, access has  been such an issue for  [the morning after                                                               
pill].   Furthermore, sometimes  people are  uncomfortable making                                                               
an  appointment  with  their  physician for  this.    Ms.  Corsey                                                               
requested that  Dr. Murphy or Mr.  Shafer speak to the  fact that                                                               
the availability  of the morning  after pill causes  the abortion                                                               
rate to decrease.                                                                                                               
                                                                                                                                
CHAIR  McGUIRE  commented that  she  thinks  [the committee]  has                                                               
gotten that  message.   Chair McGuire  announced that  she didn't                                                               
mean to make  emergency contraception the focus  because she felt                                                               
that the important issue is  the relationship between pharmacists                                                               
and  physicians  with respect  to  a  variety  of drugs.    Chair                                                               
McGuire noticed that the regulations  include a procedure for the                                                               
physician to provide  records to the pharmacist.   Therefore, she                                                               
asked  if there  is a  procedure in  place by  which the  records                                                               
would   be  forwarded   to  the   primary  caregiver   [from  the                                                               
pharmacist].                                                                                                                    
                                                                                                                                
MS. CORSEY replied  yes and emphasized that the  feedback loop is                                                               
important.                                                                                                                      
                                                                                                                                
Number 0729                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES announced  that she supports contraceptives.                                                               
However,  her  aforementioned concerns  regarding  contraceptives                                                               
[would also be  relevant] to all the treatments.   Therefore, she                                                               
expressed  the  need  for  those  questions  to  be  sufficiently                                                               
addressed  in regulation  in order  for her  to know  "that those                                                               
issues  of the  treatment  of a  patient with  a  doctor will  be                                                               
maintained."                                                                                                                    
                                                                                                                                
MR. BOHRER referred  the committee to 12  AAC 52.240(b)(7), which                                                               
reads:   "a  plan for  providing the  prescribing practitioner(s)                                                               
with  all   patient  records  created  under   the  collaborative                                                               
practice agreement."                                                                                                            
                                                                                                                                
CHAIR McGUIRE  indicated the need  to take testimony  from others                                                               
present.  She  announced that she didn't plan for  this to be the                                                               
end of  the discussion.   She  also expressed  the hope  that the                                                               
committee's concerns would be taken into account.                                                                               
                                                                                                                                
Number 0599                                                                                                                     
                                                                                                                                
CINDY  AUDET, Member,  Alaska  Pharmaceutical Association  Board,                                                               
informed  the  committee  that  she  also  works  as  a  hospital                                                               
pharmacist  in  Juneau.    She noted  her  support  of  inserting                                                               
language  to the  professional regulations  such that  physicians                                                               
and pharmacists are allowed to have collaborative agreements.                                                                   
                                                                                                                                
REPRESENTATIVE  HAYES   related  his  understanding   that  these                                                               
collaborative  agreements are  being  done  now without  specific                                                               
[authorizing] language in the regulations.                                                                                      
                                                                                                                                
MR. AUDET  informed the committee  that she has mainly  worked in                                                               
hospital settings for  the past 20 years.   In hospital practice,                                                               
there  has   been  some  form  of   collaborative  practice  with                                                               
physicians for  as long  as she has  been involved,  although the                                                               
nature  has changed  a  bit.   She  explained  that  what can  be                                                               
delegated  [to  pharmacists] has  evolved  from  a medical  staff                                                               
decision to the decision of individual practitioners.                                                                           
                                                                                                                                
REPRESENTATIVE HAYES  noted the  committee's suggestion  that the                                                               
proposed regulations are  too broad.  He asked if  Ms. Audet felt                                                               
that  the current  practice  [with  collaborative agreements]  is                                                               
broad in scope or narrow.                                                                                                       
                                                                                                                                
MS. AUDET replied that it is used  in a narrow scope and is based                                                               
on individual comfort levels and needs.                                                                                         
                                                                                                                                
Number 0441                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAYES  related his understanding from  Ms. Reardon                                                               
that  although the  [pharmacists] may  want a  broad scope  [with                                                               
collaborative agreements], the other  groups can make their scope                                                               
as broad or narrow as they like.   He asked if that would address                                                               
some of the committee's concerns.                                                                                               
                                                                                                                                
MS.  REARDON answered  that she  believes  those other  licensing                                                               
boards could  decide to initiate  regulations that  would address                                                               
their  concerns,   which  may  in   turn  address  some   of  the                                                               
committee's concerns.   Ms. Reardon emphasized  that although the                                                               
regulations allow  a wide  range of [things  to be  covered with]                                                               
collaborative   agreements,   the  individual   physician   still                                                               
determines   what   he/she   will  specifically   authorize   the                                                               
pharmacist to do.                                                                                                               
                                                                                                                                
REPRESENTATIVE  HAYES also  related  his  understanding that  the                                                               
regulations place  the onus on  the physician to ensure  that the                                                               
pharmacist,  with  whom  the  physician   is  going  to  have  an                                                               
agreement, has a certain level of education or training.                                                                        
                                                                                                                                
MS.  REARDON clarified  that is  the view  of the  [Alaska State]                                                               
Medical Board.  She interpreted  the medical board's statement to                                                               
warn physicians  that they will  have to  report to the  board if                                                               
they are not careful in their relationships.                                                                                    
                                                                                                                                
Number 0258                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES  asked if the  Dental Board and  the [Alaska                                                               
State] Medical  Board would have  to pass similar  regulations in                                                               
order  to make  this [collaborative  agreement with  pharmacists]                                                               
work.                                                                                                                           
                                                                                                                                
MS.  REARDON  related  her  belief that  if  the  [Alaska  State]                                                               
Medical  Board  and  the  Dental  Board  are  quiet,  then  these                                                               
agreements could  go forward.   If these  other entities  do take                                                               
action, they  may choose  to limit  what their  professionals can                                                               
do.                                                                                                                             
                                                                                                                                
MS.  BEHR  noted  that  she had  not  reviewed  the  regulations.                                                               
However,  she pointed  out that  there is  always the  ability to                                                               
monitor  for professional  misconduct.   If [pharmacists]  didn't                                                               
use their  license appropriately,  the board can  always sanction                                                               
them  for inappropriate  professional  conduct,  which the  board                                                               
must define.  "So,  there's two pieces to this.  One  is:  the go                                                               
forth for the future  and then the second is:   if you don't have                                                               
a  regulation in  action,  can  the board  take  action on  their                                                               
existing  regs for  someone  acting  inappropriately outside  the                                                               
scope of their license?"                                                                                                        
                                                                                                                                
CHAIR  McGUIRE pointed  out that  the Alaska  Medical Association                                                               
takes the position  that it doesn't have  the statutory authority                                                               
to adopt these regulations.                                                                                                     
                                                                                                                                
MS.  REARDON   explained  that  DOL  will   review  whether  this                                                               
regulation   has   the   statutory  authority   to   allow   [the                                                               
collaborative agreement]  to go  forward.  Ms.  Reardon suspected                                                               
that  DOL  would review  whether  the  statutes for  pharmacists,                                                               
dentists,  and doctors  allow  [collaborative  agreements].   She                                                               
surmised that [DOL would also  review] whether this collaborative                                                               
agreement  would  amount  to  a delegation  of  the  practice  of                                                               
medicine or  dentistry.  Ms. Reardon  said that in her  view that                                                               
it wasn't clear that [a  collaborative agreement] is a delegation                                                               
of the practice of dentistry or medicine.                                                                                       
                                                                                                                                
TAPE 01-2, SIDE A                                                                                                               
                                                                                                                                
Number 0030                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES  said that it  seems that there is  going to                                                               
be some decision-making  that will be done by  the pharmacist and                                                               
thus  would seem  to be  a  delegation of  decision-making.   She                                                               
didn't believe  that [as many people]  would get the flu  shot if                                                               
they had to  go to the doctor  to do so.   However, she expressed                                                               
concern with treating diabetics.   She expected that the protocol                                                               
for diabetic  treatment at a  pharmacy would be specific  to that                                                               
diabetic.   This could be the  case in other treatments,  such as                                                               
the monitoring of  blood work, cholesterol, et  cetera.  However,                                                               
she  didn't expect  that this  would give  a pharmacist  a "blank                                                               
check."  Therefore,  Representative James wanted to  be sure that                                                               
the regulations  don't allow a  physician to spread  his disliked                                                               
cases to the pharmacist.  She  emphasized the need to ensure that                                                               
everyone in Alaska receives the best medical care possible.                                                                     
                                                                                                                                
Number 0266                                                                                                                     
                                                                                                                                
MS. REARDON  remarked that she  could imagine a reading  of these                                                               
regulations  that  said  [the collaborative  agreement]  isn't  a                                                               
delegation  because   the  protocol  could  be   perceived  as  a                                                               
prescription.    It   could  be  said  that   the  pharmacist  is                                                               
administering or distributing the physician's prescription.                                                                     
                                                                                                                                
REPRESENTATIVE JAMES commented that she could support that.                                                                     
                                                                                                                                
CHAIR  McGUIRE noted  her support  of  that also.   However,  she                                                               
pointed   out  that   pharmacists  have   dependent  prescriptive                                                               
authority and thus there could be a legal challenge.                                                                            
                                                                                                                                
REPRESENTATIVE  HAYES  reiterated  that  although  there  are  no                                                               
[collaborative  agreement]  regulations,   this  is  the  current                                                               
practice and there has yet to be a lawsuit.                                                                                     
                                                                                                                                
MS. REARDON  agreed, but  pointed out  that "sometimes  you think                                                               
more when it  gets on top of  the table."  What  people are doing                                                               
will  be  written down  [in  the  regulations]  and may  lead  to                                                               
questions.                                                                                                                      
                                                                                                                                
Number 0416                                                                                                                     
                                                                                                                                
BARRY CHRISTENSEN, Pharmacist, testified  via teleconference.  He                                                               
informed the  committee that he  was the president of  the Alaska                                                               
Pharmaceutical Association  when the  last Pharmacy  Practice Act                                                               
statutes  were revised  in  1996/1997.   He  remarked that  those                                                               
statutes were  modeled after the  National Association  of Boards                                                               
and Pharmacy  Statute Guidelines.   Alaska's statutes  mirror the                                                               
statutes of most of the  other states, specifically the 30 states                                                               
that  have  protocol-type  agreements.    Thus,  Mr.  Christensen                                                               
expressed  concern that  [without  these collaborative  agreement                                                               
regulations] Alaskan pharmacists are  not the same as pharmacists                                                               
in other states.                                                                                                                
                                                                                                                                
MR. CHRISTENSEN informed the committee  of a management agreement                                                               
that  is  occurring  on  a   national  level.    This  management                                                               
agreement  deals  with a  drug  for  treating patients  that  are                                                               
resistant  to typical  schizophrenic drugs.   This  drug requires                                                               
that the patient  have his/her white blood count  taken every one                                                               
to two  weeks in order  to ensure  that the drug  isn't adversely                                                               
affecting the body's  ability to produce white blood  cells.  The                                                               
drug is dispensed  with an agreement between  the pharmacist, the                                                               
physician,  and the  drug manufacturer  that the  pharmacist will                                                               
have the lab  values from the patient's last blood  draw in order                                                               
to  ensure that  the  patient's  white blood  count  is over  the                                                               
acceptable  level in  order for  the pharmacist  to dispense  the                                                               
drug.   Mr.  Christensen stated  that this  is an  example of  [a                                                               
collaborative agreement]  that is already occurring  and would be                                                               
validated by the adoption of the proposed regulations.                                                                          
                                                                                                                                
CHAIR McGUIRE said that she would appreciate continued contact                                                                  
with Mr. Christensen on the aforementioned management agreement.                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the Joint                                                                 
Committee on Administrative Regulation Review meeting was                                                                       
adjourned at 11:21 a.m.                                                                                                         

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