03/03/2003 03:16 PM House L&C
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ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 3, 2003
3:16 p.m.
MEMBERS PRESENT
Representative Tom Anderson, Chair
Representative Bob Lynn, Vice Chair
Representative Nancy Dahlstrom
Representative Carl Gatto
Representative Norman Rokeberg
Representative Harry Crawford
Representative David Guttenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 51
"An Act requiring pharmacists to include generic drug
information on containers in which brand-name prescription drug
orders are dispensed."
- MOVED CSHB 51(HES) OUT OF COMMITTEE
HOUSE BILL NO. 94
"An Act exempting flight crew members of certain air carriers
from overtime pay requirements."
- HEARD AND HELD
PREVIOUS ACTION
BILL: HB 51
SHORT TITLE:LABELING OF PRESCRIBED DRUGS
SPONSOR(S): REPRESENTATIVE(S)SEATON
Jrn-Date Jrn-Page Action
01/21/03 0045 (H) PREFILE RELEASED (1/17/03)
01/21/03 0045 (H) READ THE FIRST TIME -
REFERRALS
01/21/03 0045 (H) HES, L&C
01/24/03 0065 (H) COSPONSOR(S): MEYER
01/27/03 0079 (H) COSPONSOR(S): GARA
02/10/03 0173 (H) COSPONSOR(S): CROFT
02/13/03 (H) HES AT 3:00 PM CAPITOL 106
02/13/03 (H) Moved CSHB 51(HES) Out of
Committee
02/13/03 (H) MINUTE(HES)
02/14/03 0212 (H) HES RPT CS(HES) 5DP
02/14/03 0212 (H) DP: HEINZE, GATTO, SEATON,
CISSNA,
02/14/03 0212 (H) WILSON
02/14/03 0212 (H) FN1: ZERO(CED)
03/03/03 (H) L&C AT 3:15 PM CAPITOL 17
BILL: HB 94
SHORT TITLE:OVERTIME PAY FOR AIRLINE EMPLOYEES
SPONSOR(S): TRANSPORTATION BY REQUEST
Jrn-Date Jrn-Page Action
02/12/03 0186 (H) READ THE FIRST TIME -
REFERRALS
02/12/03 0186 (H) L&C
02/12/03 0186 (H) REFERRED TO LABOR & COMMERCE
03/03/03 (H) L&C AT 3:15 PM CAPITOL 17
WITNESS REGISTER
REPRESENTATIVE PAUL SEATON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor of HB 51, explained how the bill
would help prevent prescription drug overdoses by requiring the
addition of the generic name on medication labels.
CHRIS KNIGHT, Staff
to Representative Paul Seaton
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions on HB 51 about federal
drug labeling and coordination with the Board of Pharmacy.
REPRESENTATIVE BEVERLY MASEK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As co-chair of the House Transportation
Standing Committee, sponsor of HB 94 by request, testified that
the bill clarifies state labor law on overtime for certain
employees of air carriers.
JENNIE LOU BENDER, Flight Attendant
Era Aviation
Palmer, Alaska
POSITION STATEMENT: Spoke in support of HB 94, noting that
working longer days allows her more time off in a month.
NANI IKAAI, Flight Attendant
Era Aviation
(Address not provided)
POSITION STATEMENT: Testified in favor of HB 94.
ACTION NARRATIVE
TAPE 03-16, SIDE A
Number 0001
CHAIR TOM ANDERSON called the House Labor and Commerce Standing
Committee meeting to order at 3:16 p.m. Representatives
Anderson, Rokeberg, Lynn, Gatto, and Guttenberg were present at
the call to order. Representatives Dahlstrom and Crawford
arrived as the meeting was in progress.
HB 51-LABELING OF PRESCRIBED DRUGS
Number 0040
CHAIR ANDERSON announced that the first order of business was
HOUSE BILL NO. 51, "An Act requiring pharmacists to include
generic drug information on containers in which brand-name
prescription drug orders are dispensed." [The bill before the
committee was CSHB 51(HES), Version 23-LS0191\I.]
Number 0060
REPRESENTATIVE PAUL SEATON, Alaska State Legislature, sponsor of
HB 51, testified that the bill requires that prescription labels
for brand-name drugs must also include the generic name. He
said the bill addresses a common occurrence in which a person
gets a prescription filled at one drug store and then obtains a
refill from a different pharmacy; the result is two
prescriptions with no indication that they contain the same
medicine. The labeling required by HB 51 enables consumers to
see that they have several containers of the same drug. When
the bill was first drafted, Representative Seaton said he
considered requiring the listing all the brand-names on the
label, but decided against it. Such a label would unfairly list
the products of the drug company's competitors.
Number 0328
REPRESENTATIVE SEATON described HB 51 as a consumer protection
bill. He said that many senior citizen centers reported
instances among their seniors of overdosing because of multiple
bottles of the same medicine. He pointed to the bill packet,
which contains a letter from the administrator of Homer Senior
Citizens, Inc., as well as other letters of support. A [January
17, 2003] memorandum from Legislative Research quotes a report
that states that 15 percent of medication errors are due to
confusion between drug names. The same memo quotes the FDA
[U.S. Food and Drug Administration] as listing 15 suggestions
for eliminating drug overdoses; one recommendation is to provide
brand and generic names on all medication labels.
REPRESENTATIVE SEATON said HB 51 was amended during a hearing in
the House Health, Education and Social Services (HES) Standing
Committee. The HES committee substitute (CS) [before the
committee now] has one change from the original bill. Instead
of requiring that the generic name be written below the brand-
name in parentheses, the CS allows it to be placed anywhere near
the brand-name. Some pharmacies already write the generic name
below or above the brand-name, so the CS eliminates the need for
pharmacists to change their computer programs. He said the bill
information packet also contains prescription samples
demonstrating the single-name label as well as the label with
both brand and generic names.
Number 0430
CHAIR ANDERSON expressed his appreciation for the resource
materials in the bill packet. He also noted that the following
committee members are cosponsors of HB 51: Representatives
Anderson, Crawford, Dahlstrom, Gatto, and Lynn. He asked if
anyone in the audience or on teleconference wished to testify.
With no additional testimony, he invited questions from
committee members.
Number 0439
REPRESENTATIVE GATTO explained that he is a cosponsor of HB 51
but had questions about the definition of generic drugs. He
asked whether the prescription label must show the generic name
and list all the various brands of the same drug.
REPRESENTATIVE SEATON said HB 51 requires that the generic name
be included on a brand-name prescription. But it does not
require the listing of all other brand-names for that medicine.
Number 0502
REPRESENTATIVE GATTO explained that he wants to understand the
definition of generic before the bill leaves the committee. He
used the example of Benadryl, which contains diphenhydramine.
He asked whether diphenhydramine is the generic or the
scientific name.
REPRESENTATIVE SEATON said he was told by legislative legal
staff that generic is defined in numerous places in state law.
Number 0596
REPRESENTATIVE ROKEBERG asked whether there's only one generic
name for each drug. He asked whether the FDA, when it approves
a drug for use, stipulates one specific generic name.
REPRESENTATIVE SEATON replied yes, the generic name is the name
of the drug. He added that once the original patent runs out,
there may be many brand-names.
REPRESENTATIVE ROKEBERG questioned whether drug companies can
extend their patents by making small changes in the original
formulas. He asked if the generic name would change if the
drug's formula changed.
Number 0670
REPRESENTATIVE SEATON replied that regardless of the color,
shape, or other characteristics of the medication, as long as
the drug is the same, it carries the same name. If the drug
gets a new patent, then a generic version cannot be manufactured
or marketed until the new patent expires.
REPRESENTATIVE ROKEBERG said his concern is that drug companies
will modify their drugs to extend their patents, delaying
generic sales by their competitors. He asked if the sponsor has
researched this aspect of drug sales and labeling.
Number 0760
REPRESENTATIVE SEATON said he had not researched this point.
But, he added, if the drug is still patented, there can be no
generic version, and a patented drug cannot be filled in two
different ways.
REPRESENTATIVE ROKEBERG asked Representative Seaton if he had
talked to any drug companies, the PhRMA (Pharmaceutical Research
and Manufacturers of America) lobby, or the Board of Pharmacy
about HB 51.
REPRESENTATIVE SEATON said he had contacted PhRMA and Medco
Health Solutions, a large HMO [health maintenance organization],
both of which had no objections to HB 51, and Aetna, which
supported the bill.
Number 0880
CHRIS KNIGHT, Staff to Representative Paul Seaton, Alaska State
Legislature, replied to a question from Representative Rokeberg
about the Board of Pharmacy. He explained that the sponsor
spoke with the board to determine whether this prescription
labeling could be accomplished by a bill or through regulation.
The board indicated it planned to discuss this question at its
next meeting. The sponsor went ahead with the bill. Mr. Knight
reported that the board supported the concept and did not object
to the bill.
REPRESENTATIVE ROKEBERG asked whether there's enough room on a
prescription label to include the generic name.
Number 0932
REPRESENTATIVE SEATON explained that he considered the issue of
limited space when he decided against an early draft of the bill
that required listing generic and all other brand-names for any
given drug. He said HB 51 adds one line of text or one name
close to the brand-name. Family Pharmacy in Eagle River
supplied the sample labels in the members' bill packets,
demonstrating where its computer software places the generic
name. He said Family Pharmacy did not have a problem with
HB 51.
Number 0966
REPRESENTATIVE LYNN said that he was proud to be a cosponsor of
HB 51. He compared the naming of drugs with the naming system
for flowers and plants: each has a scientific Latin name but a
variety of common names. He explained that in brand-name over-
the-counter drugs, the label shows the active ingredient,
usually the generic name. He said this bill is needed and is a
step in the right direction.
REPRESENTATIVE SEATON confirmed a comment by Representative Lynn
that under HB 51, a prescription label for a generic drug would
include only the generic name; a prescription label for a brand-
name drug would include both the brand and generic names. In
the case of two brand-name prescriptions, each label would have
the generic name so they could be cross-referenced. Currently,
the generic name is usually listed on the data sheet that
accompanies the prescription.
Number 1070
MR. KNIGHT, in response to a question from Representative
Rokeberg, explained that when the FDA approves patents, it
assigns a generic name to every patented drug. He used the
example of Viagra, assigned a generic name [sildenafil] by the
FDA when it was patented; that patent is close to expiration.
REPRESENTATIVE ROKEBERG asked about the situation in which a
generic name is listed next to the brand-name on a prescription
label, but the generic version is not on the market. He asked
if this raises the expectation that the cheaper version is
available.
Number 1170
REPRESENTATIVE SEATON responded that the generic name on the
prescription is the name of the medication, even if it's not
available to purchase in a generic version. House Bill 51
requires the pharmacist to label drugs so that people can
identify duplicate bottles of the same medicine and avoid
overdoses.
MR. KNIGHT explained that Family Pharmacy in Eagle River already
puts the generic and brand-names on the prescription label
because it can and because it thinks it's a good idea. He
responded to a question by Representative Rokeberg about whether
consumers would be prompted to request a generic drug that is
not yet available in a cheaper form. Mr. Knight related a
conversation with a pharmacist who said he would be pleased if
more people inquired about generic drugs and took an interest in
their medications.
Number 1312
REPRESENTATIVE GATTO mentioned the example of Bayer aspirin and
asked which name is generic and which is the brand-name.
REPRESENTATIVE SEATON replied that acetylsalicylic acid is the
generic name, but HB 51 does not cover over-the-counter drugs.
The bill covers the labeling of powerful prescribed medications
so consumers can tell what drugs they are supposed to be taking.
He said research shows that 59 percent of drugs are misused, and
15 percent of all medication errors are due to labeling
problems.
Number 1374
REPRESENTATIVE GATTO explained that he was trying to get
questions on the record that might be asked later in the
legislative process. He again asked, in the case of Bayer
aspirin and acetylsalicylic acid, which is the brand-name, the
generic name, and the scientific name.
CHAIR ANDERSON commented that asking about aspirin is like
comparing apples to oranges because aspirin is not a
prescription drug; it would never to subject to this labeling
law.
REPRESENTATIVE GATTO used the example of LAMISIL, terbinafine, a
fungicide, and asked which is the brand-name.
REPRESENTATIVE SEATON stated that a fungicide is a type of
medicine, LAMISIL is a brand-name, and terbinafine is the
generic name. There could be lots of different brand-names, but
each ointment would need to have "terbinafine" on the label.
REPRESENTATIVE GATTO said he supports HB 51 but wanted some
clarity through discussion.
REPRESENTATIVE LYNN mentioned how his pharmacist will routinely
offer him the choice of a brand-name or generic version of a
prescribed medication.
Number 1578
REPRESENTATIVE SEATON, in response to a question from
Representative Guttenberg, said he was not sure whether
pharmacists in Alaska are required to advise customers if the
cheaper generic alternative is available. The point of HB 51 is
to prevent overdoses from two prescriptions for the same
medication. He reiterated that drug manufacturers did not
object to the labeling in this bill.
REPRESENTATIVE ROKEBERG said he agreed with Representative
Gatto's desire to get on the record the difference between
generic, scientific, and brand-names.
Number 1688
REPRESENTATIVE LYNN moved to report CSHB 51(HES) out of
committee with individual recommendations and the accompanying
zero fiscal note. There being no objection, CSHB 51(HES) was
reported from the House Labor and Commerce Standing Committee.
HB 94-OVERTIME PAY FOR AIRLINE EMPLOYEES
Number 1701
CHAIR ANDERSON announced that the final order of business would
be HOUSE BILL NO. 94, "An Act exempting flight crew members of
certain air carriers from overtime pay requirements."
Number 1720
REPRESENTATIVE BEVERLY MASEK, Alaska State Legislature,
presented HB 94 on behalf of the House Transportation Standing
Committee, by request, which she co-chairs. She noted that this
bill was introduced to bring certainty to the interpretation of
existing state and federal wage and hour laws as they pertain to
the payment of overtime in the air transportation industry.
Because of the uniqueness of their working conditions, flight
crews have been considered professionals who are exempt from the
standard 8-hour workday, 40-hour week, and the associated
overtime pay requirements. In conjunction with the maximum
flight-hour requirements set by the FAA [Federal Aviation
Administration], these exemptions at both the state and federal
level have allowed the industry to structure wage and hour
schedules best suited to the work requirements of their flight
crew personnel.
REPRESENTATIVE MASEK said that some Alaska court decisions have
raised questions about the correct interpretation of state wage
and hour laws and the application of overtime exemptions for
flight crews. She said that HB 94 is intended to clarify the
Alaska Wage and Hour Act and to ensure that Alaska law is
consistently applied to the flight crewmembers of air carriers.
The federal Railway Labor Act [45 U.S.C. 181-188] governs air
carriers, and the bill cites it in order to provide consistency
between federal and state application of the exemptions.
REPRESENTATIVE MASEK noted that the bill packet includes
background on the Railway Labor Act and sections of a lawsuit
pending against Era Aviation in Anchorage.
Number 1828
JENNIE LOU BENDER, Flight Attendant, Era Aviation ("Era"),
Palmer, testified in favor of HB 94. She explained that being
exempted from overtime laws gives her blocks of personal time
during which she uses her flight benefits to visit her children
in other locations and to spend time with her husband when he's
home from his job in the Bush.
CHAIR ANDERSON asked for clarification on how HB 94 would
benefit her as a flight attendant.
MS. BENDER explained that if Era can schedule her to work longer
than eight-hour days, she can work longer days and have more
time off during a month.
Number 1890
NANI IKAAI, Flight Attendant, Era Aviation, testified in support
of HB 94. She explained that HB 94 enables the airline to
schedule employees more economically and allows employees to
have larger blocks of time off in a month's period. Other
employees who prefer an eight-hour day can be scheduled that
way, she said.
Number 1926
MS. IKAAI, responding to questions by Representative Gatto,
noted that because of the different routes and schedules the
employees fly, this exemption from overtime allows them to work
a duty period up to 12 or 14 hours a day, although they can only
be in the air per FAA regulations 8 hours out of a 24-hour
period. It allows a longer day, up to 6 days in a row, with the
benefit of up to a week and a half off for personal time,
including personal travel. She explained that she is not paid
overtime; rather, she's guaranteed a certain salary for 60
flight hours per month. Instead of stretching the flight hours
over 30 days, she can consolidate the hours into 15 or 18 days,
giving her more personal time. She said in the airline
industry, the personal time off is more important than the pay.
CHAIR ANDERSON reiterated that this bill puts into statute
existing policy and exempts flight crews from overtime. He
noted that the last time he spoke to a representative of the
Teamsters Union, that person had no problem with HB 94.
Number 2025
REPRESENTATIVE CRAWFORD asked if this kind of scheduling also
applied to pilots and questioned whether this is a safety issue.
MS. IKAAI explained that duty time for flight crews is
restricted to 8 hours in the air in any 24-hour period and must
include one day off in every seven. In response to
Representative Crawford's question, she said that this would not
require fewer pilots. She said pilots would benefit from the
block of personal time off they could schedule. For example,
instead of working five days on, two days off, pilots could
possibly work six days on for two and one-half weeks and then
have the rest of the month off. Other pilots would have reverse
scheduling in order to cover the routes all month long.
Number 2114
REPRESENTATIVE CRAWFORD asked whether this type of scheduling is
in use now.
MS. IKAAI explained that scheduling is fairly flexible now.
REPRESENTATIVE CRAWFORD asked if there were any pilots that
could speak to the bill.
CHAIR ANDERSON said he will hold the bill over and keep public
testimony open.
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:59 p.m.
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