Legislature(2021 - 2022)BARNES 124
02/28/2022 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB323 | |
| HB307 | |
| HB306 | |
| HB58 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 323 | TELECONFERENCED | |
| += | HB 307 | TELECONFERENCED | |
| += | HB 306 | TELECONFERENCED | |
| += | HB 58 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
February 28, 2022
3:19 p.m.
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Ivy Spohnholz, Co-Chair
Representative Calvin Schrage
Representative Liz Snyder
Representative David Nelson
Representative James Kaufman
Representative Ken McCarty
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 323
"An Act extending the termination date of the State Physical
Therapy and Occupational Therapy Board; and providing for an
effective date."
- MOVED HB 323 OUT OF COMMITTEE
HOUSE BILL NO. 307
"An Act relating to the financing and issuance of bonds for a
liquefied natural gas production system and natural gas
distribution system; and providing for an effective date."
- MOVED HB 307 OUT OF COMMITTEE
HOUSE BILL NO. 306
"An Act extending the termination date of the Board of Pharmacy;
and providing for an effective date."
- MOVED HB 306 OUT OF COMMITTEE
HOUSE BILL NO. 58
"An Act relating to insurance coverage for contraceptives and
related services; relating to medical assistance coverage for
contraceptives and related services; and providing for an
effective date."
- MOVED CSHB 58(L&C) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 323
SHORT TITLE: EXTEND PT & OCCUPATIONAL THERAPY BOARD
SPONSOR(s): REPRESENTATIVE(s) HOPKINS
02/14/22 (H) READ THE FIRST TIME - REFERRALS
02/14/22 (H) L&C, FIN
02/23/22 (H) L&C AT 3:15 PM BARNES 124
02/23/22 (H) Heard & Held
02/23/22 (H) MINUTE(L&C)
02/28/22 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 307
SHORT TITLE: EXTEND BOND AUTH FOR INTERIOR ENERGY PROJ
SPONSOR(s): REPRESENTATIVE(s) HOPKINS
02/04/22 (H) READ THE FIRST TIME - REFERRALS
02/04/22 (H) L&C, FIN
02/23/22 (H) L&C AT 3:15 PM BARNES 124
02/23/22 (H) Heard & Held
02/23/22 (H) MINUTE(L&C)
02/28/22 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 306
SHORT TITLE: EXTEND BOARD OF PHARMACY
SPONSOR(s): REPRESENTATIVE(s) STORY
02/04/22 (H) READ THE FIRST TIME - REFERRALS
02/04/22 (H) L&C, FIN
02/23/22 (H) L&C AT 3:15 PM BARNES 124
02/23/22 (H) Heard & Held
02/23/22 (H) MINUTE(L&C)
02/28/22 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 58
SHORT TITLE: CONTRACEPTIVES COVERAGE:INSURE;MED ASSIST
SPONSOR(s): REPRESENTATIVE(s) CLAMAN
02/18/21 (H) PREFILE RELEASED 1/15/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) HSS, L&C
04/15/21 (H) HSS AT 3:00 PM DAVIS 106
04/15/21 (H) Heard & Held
04/15/21 (H) MINUTE(HSS)
04/20/21 (H) HSS AT 3:00 PM DAVIS 106
04/20/21 (H) Moved CSHB 58(HSS) Out of Committee
04/20/21 (H) MINUTE(HSS)
04/22/21 (H) HSS RPT CS(HSS) 5DP 2DNP
04/22/21 (H) DP: FIELDS, SPOHNHOLZ, MCCARTY,
ZULKOSKY, SNYDER
04/22/21 (H) DNP: PRAX, KURKA
05/03/21 (H) L&C AT 3:15 PM BARNES 124
05/03/21 (H) <Bill Hearing Canceled>
05/07/21 (H) L&C AT 8:00 AM GRUENBERG 120
05/07/21 (H) Heard & Held
05/07/21 (H) MINUTE(L&C)
05/12/21 (H) L&C AT 3:15 PM BARNES 124
05/12/21 (H) Heard & Held
05/12/21 (H) MINUTE(L&C)
05/17/21 (H) L&C AT 3:15 PM BARNES 124
05/17/21 (H) <Bill Hearing Canceled>
02/28/22 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
TANNER FRITSINGER, Staff
Representative Grier Hopkins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 323, provided
closing comments on behalf of Representative Hopkins, sponsor.
REPRESENTATIVE ANDI STORY
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As the prime sponsor of HB 306, provided
closing comments on the bill.
JUSTIN RUFFRIDGE, Chair
Board of Pharmacy
Soldotna, Alaska
POSITION STATEMENT: During the hearing on HB 306, answered
questions.
KRIS CURTIS, CPA, CISA, Legislative Auditor
Division of Legislative Audit
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 306, answered a
question.
DUANE WOOD
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 306.
BARRY CHRISTENSEN, RPh, Co-Chair Legislative Committee
Alaska Pharmacists Association
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of HB 306.
LIZZIE KUBITZ, Staff
Representative Matt Claman
Alaska State Legislature
POSITION STATEMENT: Juneau, Alaska. During the hearing on HB
58, provided an explanation of the changes in Version I of the
bill on behalf of Representative Claman, prime sponsor.
ACTION NARRATIVE
3:19:25 PM
CO-CHAIR IVY SPOHNHOLZ called the House Labor and Commerce
Standing Committee meeting to order at 3:19 p.m.
Representatives Kaufman, Schrage, Snyder, Nelson, Fields, and
Spohnholz were present at the call to order. Representative
McCarty arrived as the meeting was in progress.
HB 323-EXTEND PT & OCCUPATIONAL THERAPY BOARD
3:21:05 PM
CO-CHAIR SPOHNHOLZ announced that the first order of business
would be HOUSE BILL NO. 323, "An Act extending the termination
date of the State Physical Therapy and Occupational Therapy
Board; and providing for an effective date."
3:21:33 PM
TANNER FRITSINGER, Staff, Representative Grier Hopkins, Alaska
State Legislature, provided closing comments on HB 323 on behalf
of Representative Hopkins, sponsor. He stated that passing the
bill is important for the benefit of Alaskans and urged that the
board be extended.
3:22:22 PM
The committee took a brief at-ease.
3:22:32 PM
CO-CHAIR SPOHNHOLZ opened public testimony on HB 323, then
closed it after ascertaining that no one wished to testify.
3:22:59 PM
CO-CHAIR FIELDS moved to report HB 323 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 323 was moved out of the House
Labor and Commerce Standing Committee.
HB 307-EXTEND BOND AUTH FOR INTERIOR ENERGY PROJ
3:23:17 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be HOUSE BILL NO. 307, "An Act relating to the financing
and issuance of bonds for a liquefied natural gas production
system and natural gas distribution system; and providing for an
effective date."
3:23:50 PM
CO-CHAIR SPOHNHOLZ opened public testimony on HB 307, then
closed it after ascertaining that no one wished to testify.
3:24:09 PM
CO-CHAIR FIELDS moved to report HB 307 out of committee with
individual recommendations and the accompanying [zero] fiscal
notes. There being no objection, HB 307 was moved out of the
House Labor and Commerce Standing Committee.
HB 306-EXTEND BOARD OF PHARMACY
3:24:31 PM
CO-CHAIR SPOHNHOLZ announced that the next order of business
would be HOUSE BILL NO. 306, "An Act extending the termination
date of the Board of Pharmacy; and providing for an effective
date."
3:25:19 PM
The committee took an at-ease from 3:25 p.m. to 3:26 p.m.
3:26:25 PM
CO-CHAIR SPOHNHOLZ invited the bill sponsor to provide comment.
3:26:56 PM
REPRESENTATIVE ANDI STORY, Alaska State Legislature, as the
prime sponsor of HB 306, provided closing comments on the bill.
She said the Board of Pharmacy is important to Alaska and
Alaskans and urged that the board be extended.
3:28:10 PM
REPRESENTATIVE SNYDER inquired about the Board of Pharmacy's
position regarding the participation of veterinarians in the
Prescription Drug Monitoring Program (PDMP).
3:28:43 PM
JUSTIN RUFFRIDGE, Chair, Board of Pharmacy, replied that at its
last meeting the Board of Pharmacy voted to support the bill
that was currently in front of the legislature to exempt
veterinarians from the PDMP [SB 132, HB 91]. He explained that
some potential updates are needed in the PDMP for it to work in
a more efficient and cohesive manner. In the meantime, he
continued, since the veterinarians are not participating in the
current rendition of the PDMP until some changes are made, it
seemed that the Board of Pharmacy was in support of that
exemption until such time as those changes were put in place.
He said a letter was recently sent out in that regard.
3:29:47 PM
CO-CHAIR SPOHNHOLZ offered her understanding that the [July
2021] sunset audit report on the Board of Pharmacy states that
veterinarians are participating at a higher rate than are many
of the other prescribers. She recalled commenting at the bill's
previous hearing about the need to potentially update the
statute to make it easier for veterinarians to use but said she
didn't mean to imply that veterinarians should not participate
in the PDMP.
MR. RUFFRIDGE responded that this has been a long time coming in
discussion at the board level. He confirmed that the data for
veterinarians shows a higher [participation] rate in the PDMP,
but said it is a smaller number of individuals. Pharmacists and
pharmacies, he stated, currently have the highest rate of usage
of the PDMP, in the high 90 percentages, but it is because the
usage for pharmacists and pharmacies is relatively straight
forward and clear reporting, with no review requirement unless
it is felt like there is a necessity to review. Regarding other
prescribers, he pointed out that there are more of them, and it
is unclear as to what the delegate usage can be, especially for
physicians, so it would be difficult to move in the direction of
needing to discipline licensees for non-review requirements.
The Board of Veterinary Examiners, he continued, found itself in
an equally tough position of having to undergo investigations
for individuals who were in many cases just providing normal
everyday care, but the zero-reporting requirement was very
burdensome and there is a small number of individuals. The
Board of Veterinary Examiners made its case relatively well at
the Board of Pharmacy's last meeting and the board agreed on the
exemption. The Board of Pharmacy has previously discussed the
need for some changes to the PDMP regarding efficiencies and the
chair of the veterinary board has said that that would be a
great time to have a seat at the table to discuss those issues.
3:32:40 PM
REPRESENTATIVE SNYDER asked whether the Board of Pharmacy has
reviewed the study published in late 2021 or early 2022
regarding a significant increase in the instance of veterinarian
shopping as it pertains to opioids. She recommended becoming
familiar with the study prior to future hearings on [the bill
that would exempt veterinarians from the PDMP].
MR. RUFFRIDGE answered that some things heard at the board level
echo those concerns, including reports received from the Drug
Enforcement Administration (DEA). How veterinary prescriptions
happen in the PDMP has been a difficulty, he said. For example,
some pharmacies input veterinary prescriptions under the owner's
name with the pet's name elsewhere in the record, while other
pharmacies input the animal's name and birthdate and not the
owner's name at all. The Board of Pharmacy asked the question
of whether there needs to be a clear description of how
veterinary data is input into the pharmacy software as well as
into the PDMP. The answer was yes, so the Board of Pharmacy is
currently working towards regulation language to solidify how
reporting of veterinary prescriptions happens in the PDMP.
3:35:02 PM
CO-CHAIR SPOHNHOLZ understood Mr. Ruffridge to have stated that
work is being done to clarify what information veterinarians
must enter in the PDMP if they were to continue to comply. She
encouraged Mr. Ruffridge to read the "Journal of Veterinary
Medicine" report that shows a three-fold increase in opioid
prescription amongst veterinarians in the last five years. Peer
reviewed data, she continued, shows an increase in veterinarian
shopping and the committee is interested in simplifying the
statute, providing statutory updates to make it easy for folks
to participate, and addressing any make-work and ambiguous
elements. The opioid epidemic continues and the cost of turning
a blind eye to a small subsection of the provider community
could be costly for individual Alaskans over time and everyone
bears the cost of that. She said she and Representative Snyder
are concerned and curious about potential updates to the statute
to meet the state's public health need while making the PDMP
more user friendly and transparent for veterinarians and other
license types who are required to participate in the PDMP.
MR. RUFFRIDGE agreed with Co-Chair Spohnholz's statement and
said there is clear evidence that tweaks are needed. Overdose
deaths in Alaska have gone up, he said, and that has been with
the PDMP in place. Additional features could be integrated into
the PDMP, he continued, such as data that is already collected
regarding overdoses, so physicians and other prescribers are
aware of issues with patients that they are seeing. Work needs
to be done on the PDMP and the Board of Pharmacy would like to
participate in that conversation when it is deemed appropriate.
CO-CHAIR SPOHNHOLZ stated that the committee will follow up with
Mr. Ruffridge and Ms. Chambers to set up a time to identify
potential solutions.
3:38:08 PM
REPRESENTATIVE MCCARTY asked whether language should be included
in the bill about the audit issues that led to the board's
extension for only six years [rather than eight].
CO-CHAIR SPOHNHOLZ explained it is typical that the sunset audit
findings are presented alongside the sunset extension
legislation, but the legislation doesn't typically include any
reference to that. She said a shorter sunset extension implies
that there were some issues which need to be addressed.
3:39:09 PM
KRIS CURTIS, CPA, CISA, Legislative Auditor, Division of
Legislative Audit, responded that the reduction in the extension
isn't necessarily a reflection of any specific finding or
recommendation. It is to recognize the board's evolving role in
combatting the public health crisis, she said. It is also
recognizing her recommendation not to wait eight years to come
back to see how the board is adapting to the new laws, as well
as because new laws are continuing to be discussed. The
legislature may want to consider reducing or increasing the
extension, she added.
3:40:04 PM
CO-CHAIR SPOHNHOLZ opened public testimony on HB 306.
3:40:21 PM
DUANE WOOD, testified in support of HB 306. He said he is a
pharmacy student at the University of Alaska Anchorage (UAA).
He pointed out that every state has such a board to structure,
guide, and maintain the pharmacy community, and the board
maintains the professional licenses of pharmacists, technicians,
and interns. The whole community benefits from the knowledge
that the professional licenses of pharmacists and the Board of
Pharmacy are on solid ground, he stated.
3:41:42 PM
BARRY CHRISTENSEN, RPh, Co-Chair Legislative Committee, Alaska
Pharmacists Association, testified in support of HB 306. He
stated that he is a practicing pharmacist and that the Board of
Pharmacy has always done a great job. He recounted that former
Senator Lyda Green worked with [the Alaska Pharmacists
Association] to put forward the PDMP, which has been a work in
motion. He said the Board of Pharmacy over the years has done a
great job in nurturing the PDMP and making sure it is continued.
3:42:45 PM
CO-CHAIR SPOHNHOLZ closed public testimony after ascertaining
that no one else wished to testify.
3:42:53 PM
CO-CHAIR FIELDS moved to report HB 306 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 306 was moved out of the House
Labor and Commerce Standing Committee.
3:43:18 PM
The meeting was recessed at 3:43 p.m. to a call of the chair.
4:21:08 PM
CO-CHAIR SPOHNHOLZ called the committee back to order at 4:21
p.m.. Present at the call back to order were Representatives
Nelson, Schrage, Snyder, Fields, and Spohnholz. Representative
McCarty arrived as the meeting was in progress.
HB 58-CONTRACEPTIVES COVERAGE:INSURE;MED ASSIST
CO-CHAIR SPOHNHOLZ announced that the final order of business
would be HOUSE BILL NO. 58, "An Act relating to insurance
coverage for contraceptives and related services; relating to
medical assistance coverage for contraceptives and related
services; and providing for an effective date."
4:22:12 PM
CO-CHAIR FIELDS moved to adopt the proposed committee substitute
(CS) for HB 58, labeled 32-LS0259\I, Marx, 5/14/21, as the
working document. There being no objection, Version I was
before the committee.
4:23:04 PM
LIZZIE KUBITZ, Staff, Representative Matt Claman, provided an
explanation of the changes in Version I of the bill on behalf of
Representative Claman, prime sponsor. She said Version I
removes the reference to voluntary sterilization procedures
found in Version B, page 2, line 1. She related that in spring
2021 the Division of Insurance was advised by the U.S. Centers
for Medicare and Medicaid Services (CMS) that male sterilization
as written in Version B is broader than what is required by the
federal government. The [2010 Patient Protection and Affordable
Care Act ("Affordable Care Act")] defines the 10 essential
health benefits, which includes coverage for contraceptives, to
be as broad as the guidelines provided by the Health Resources
and Services Administrative (HRSA) Women's Preventative Services
Guidelines. The HRSA guidelines are applicable to females, they
do not address male contraceptives or sterilization. Therefore,
because the federal government would expect the state to defray
the cost of male sterilization as provided in Version B of HB
58, Version I was drafted to remove the reference to voluntary
sterilization procedures.
4:24:26 PM
CO-CHAIR SPOHNHOLZ stated it's unfortunate that it's not
included in one of the essential benefits as required by the
Affordable Care Act. But, she said, it would add a significant
fiscal note to the bill, and the intention is to ensure that the
bill doesn't have a significant fiscal impact. She stressed
that it isn't being said that male sterilization isn't a welcome
contribution to family planning in Alaska.
4:24:58 PM
CO-CHAIR FIELDS moved to report the proposed CS for HB 58,
Version 32-LS0259\I, Marx, 5/14/21, out of committee with
individual recommendations and the accompanying fiscal notes.
4:25:09 PM
REPRESENTATIVE NELSON objected.
4:25:16 PM
A roll call vote was taken. Representatives McCarty, Schrage,
Snyder, Fields, and Spohnholz voted in favor of reporting
Version I of HB 58. Representatives Nelson voted against it.
Therefore, CSHB 58(L&C) was moved out of the House Labor and
Commerce Standing Committee by a vote of 5-1.
4:26:14 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:26 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 307 Letter of Support 02.24.22.pdf |
HL&C 2/28/2022 3:15:00 PM |
HB 307 |
| HB 307 Supporting Document - Interior Energy Project January 2022 Update to Legislature 2.23.2022.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 307 |
| HB 307 ver. A 2.23.22.PDF |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 307 |
| HB 307 Fiscal Note DCCED-AIDEA 2.18.22.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 307 |
| HB 307 Sponsor Statement 2.21.2022.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 307 |
| SB 17 v. A Supporting Document - HB 306 2010 State Energy Policy.PDF |
HL&C 2/28/2022 3:15:00 PM SCRA 2/25/2021 3:30:00 PM |
HB 306 SB 17 |
| HB 306 Sponsor Statement 02.09.22.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 306 |
| HB 306 ver A 2.22.22.PDF |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 306 |
| HB 306 Supporting Document - Legislative Audit Division Sunset Review BOP 07.15.21.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 306 |
| HB 306 Fiscal Note DCCED-CBPL 2.18.22.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 306 |
| HB 306 Letters of Support as of 02.22.22.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 306 |
| HB 306 Sectional Analysis Ver A 02.09.22.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 306 |
| HB 323 Sponsor Statement 2.17.2022.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 323 |
| HB 323 ver. A 2.22.22.PDF |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 323 |
| HB 323 Fiscal Note DCCED-CBPL 2.18.22.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 323 |
| HB 323 Research DLA 02.17.2022.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 323 |
| HB 323 Sectional Analysis 02.17.2022.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 323 |
| HB 323 Letter of Support 2.22.22.pdf |
HL&C 2/23/2022 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 323 |
| HB 58 Letter of Opposition - AK Family Action.pdf |
HL&C 5/17/2021 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 58 |
| CS HB 58 (L&C), v. I.pdf |
HL&C 5/17/2021 3:15:00 PM HL&C 2/28/2022 3:15:00 PM |
HB 58 |
| HB 58 Testimony received as of 2.28.22.pdf |
HL&C 2/28/2022 3:15:00 PM |
HB 58 |
| HB 58 Fiscal Note DHSS-MS 2.28.2022.pdf |
HL&C 2/28/2022 3:15:00 PM |
HB 58 |
| HB 58 Fiscal Note DCCED-DOI 2.28.2022.pdf |
HL&C 2/28/2022 3:15:00 PM |
HB 58 |