03/21/2017 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic | 
|---|---|
| Start | |
| SB71 | |
| HB48 | |
| SB79 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 48 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 79 | TELECONFERENCED | |
| += | SB 71 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                         March 21, 2017                                                                                         
                           1:33 p.m.                                                                                            
                                                                                                                                
                                                                                                                              
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mia Costello, Chair                                                                                                     
Senator Shelley Hughes, Vice Chair                                                                                              
Senator Kevin Meyer                                                                                                             
Senator Berta Gardner                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gary Stevens                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 71                                                                                                              
"An  Act relating  to limitations  on  certain commercial  fishing                                                              
loans  made  by   the  Department  of  Commerce,   Community,  and                                                              
Economic Development."                                                                                                          
                                                                                                                                
     - MOVED SB 71 OUT OF COMMITTEE                                                                                             
                                                                                                                                
HOUSE BILL NO. 48                                                                                                               
"An  Act  relating  to  the composition  of  the  State  Board  of                                                              
Registration  for  Architects,   Engineers,  and  Land  Surveyors;                                                              
extending   the   termination  date   of   the   State  Board   of                                                              
Registration for  Architects, Engineers,  and Land Surveyors;  and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 79                                                                                                              
"An  Act relating  to the  prescription  of opioids;  establishing                                                              
the   Voluntary  Nonopioid   Directive   Act;   relating  to   the                                                              
controlled  substance  prescription   database;  relating  to  the                                                              
practice  of dentistry;  relating  to  the practice  of  medicine;                                                              
relating to  the practice  of podiatry;  relating to the  practice                                                              
of osteopathy;  relating to the  practice of nursing;  relating to                                                              
the  practice   of  optometry;   relating   to  the  practice   of                                                              
veterinary  medicine;  related  to  the  duties of  the  Board  of                                                              
Pharmacy; and providing for an effective date."                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
     ITEM REMOVED FROM AGENDA                                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: SB 71                                                                                                                   
SHORT TITLE: COMMERCIAL FISHING LOANS                                                                                           
SPONSOR(s): SENATOR(s) STEVENS                                                                                                  
                                                                                                                                
02/27/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/17       (S)       L&C, FIN                                                                                               
03/16/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/16/17       (S)       Heard & Held                                                                                           
03/16/17       (S)       MINUTE(L&C)                                                                                            
03/21/17       (S)       L&C AT 9:30 AM BELTZ 105 (TSBldg)                                                                      
03/21/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 48                                                                                                                   
SHORT TITLE: ARCHITECTS, ENGINEERS,SURVEYORS: EXTEND BD                                                                         
SPONSOR(s): REPRESENTATIVE(s) KITO                                                                                              
                                                                                                                                
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       L&C, FIN                                                                                               
02/08/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/08/17       (H)       Heard & Held                                                                                           
02/08/17       (H)       MINUTE(L&C)                                                                                            
02/10/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/10/17       (H)       Moved  HB 48 Out of Committee                                                                          
02/10/17       (H)       MINUTE(L&C)                                                                                            
02/13/17       (H)       L&C RPT 6DP                                                                                            
02/13/17       (H)       DP: SULLIVAN-LEONARD, JOSEPHSON, BIRCH,                                                                
                         KNOPP, STUTES, KITO                                                                                    
02/22/17       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/22/17       (H)       Moved  HB 48 Out of Committee                                                                          
02/22/17       (H)       MINUTE(FIN)                                                                                            
02/24/17       (H)       FIN RPT 9DP                                                                                            
02/24/17       (H)       DP: GARA, WILSON, KAWASAKI, PRUITT,                                                                    
                         ORTIZ, THOMPSON, GUTTENBERG, TILTON,                                                                   
02/24/17       (H)       SEATON                                                                                                 
03/06/17       (H)       TRANSMITTED TO (S)                                                                                     
03/06/17       (H)       VERSION: HB 48                                                                                         
03/08/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/17       (S)       L&C, FIN                                                                                               
03/21/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 79                                                                                                                   
SHORT TITLE: OPIOIDS; PRESCRIPTIONS; DATABASE; LICENSES                                                                         
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/06/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/06/17       (S)       L&C, HSS, FIN                                                                                          
03/14/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/14/17       (S)       Heard & Held                                                                                           
03/14/17       (S)       MINUTE(L&C)                                                                                            
03/16/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/16/17       (S)       Scheduled but Not Heard                                                                                
03/21/17       (S)       L&C AT 9:30 AM BELTZ 105 (TSBldg)                                                                      
03/21/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE SAM KITO                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 48.                                                                                         
                                                                                                                                
KRIS CURTIS, Legislative Auditor                                                                                                
Legislative Audit Division                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented information related to HB 48.                                                                   
                                                                                                                                
ALYSIA JONES, Executive Administrator                                                                                           
Board of Registration for Architects, Engineers, and Land                                                                       
Surveyors                                                                                                                       
Division of Corporations, Businesses, and Professional Licensing                                                                
Department of Commerce, Community  and Economic Development                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to HB 48.                                                                      
                                                                                                                                
SARA CHAMBERS, Operations Manager                                                                                               
Division of Corporations, Businesses, and Professional Licensing                                                                
Department of Commerce, Community  and Economic Development                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to HB 48 and SB
79.                                                                                                                             
                                                                                                                                
COLIN MAYNARD, PE, SE                                                                                                           
Alaska Board of Architects, Engineers, and Land Surveyors                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided information  related to HB 48.                                                                   
                                                                                                                                
MICHELLE ALPERS, Landscape Architect                                                                                            
Engineering Public Works Department                                                                                             
City and Borough of Juneau and                                                                                                  
Member                                                                                                                          
Alaska Professional Design Council                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented information related to HB 48.                                                                   
                                                                                                                                
JAY BUTLER, Chief Medical Officer                                                                                               
Department of Health and Social Services (DHSS)                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided information related to SB 79.                                                                    
                                                                                                                                
CAPTAIN MIKE DUXBURY                                                                                                            
Alaska State Trooper                                                                                                            
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions about SB 79.                                                                           
                                                                                                                                
STACIE KRALY, Chief Assistant Attorney General                                                                                  
Civil Division                                                                                                                  
Human Services Section                                                                                                          
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to SB 79.                                                                      
                                                                                                                                
SCOTT ADAMS, representing himself                                                                                               
Homer, Alaska                                                                                                                   
POSITION STATEMENT: Voiced concern with parts of SB 79.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:33:38 PM                                                                                                                    
CHAIR MIA COSTELLO  called the Senate Labor and  Commerce Standing                                                            
Committee meeting  to order  at 1:33 p.m.  Present at the  call to                                                              
order were  Senators Hughes,  Meyer, and  Chair Costello.  Senator                                                              
Gardner arrived shortly thereafter.                                                                                             
                                                                                                                                
                SB  71-COMMERCIAL FISHING LOANS                                                                             
                                                                                                                              
CHAIR COSTELLO announced the consideration of SB 71. She said                                                                   
this is the third hearing and the intent is to look to the will                                                                 
of the committee. She noted those available to answer questions.                                                                
                                                                                                                                
1:34:49 PM                                                                                                                    
CHAIR  HUGHES   moved  to  report   SB  71  from   committee  with                                                              
individual recommendations and attached fiscal notes.                                                                           
                                                                                                                                
CHAIR  COSTELLO  announced that  without  objection,  SB 71  moved                                                              
from the Senate Labor and Commerce Standing Committee.                                                                          
                                                                                                                                
1:35:14 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
       HB 48-ARCHITECTS, ENGINEERS, SURVEYORS: EXTEND BD                                                                    
                                                                                                                                
1:36:22 PM                                                                                                                  
CHAIR COSTELLO  brought the  meeting back  to order and  announced                                                              
the first hearing of HB 48.                                                                                                     
                                                                                                                                
1:36:44 PM                                                                                                                  
REPRESENTATIVE SAM  KITO, Alaska State Legislature,  sponsor of SB
48, explained  that the bill extends  the termination date  of the                                                              
State Board  of Registration for  Architects, Engineers,  and Land                                                              
Surveyors (AELS)  of which he is  a licensee as a  civil engineer.                                                              
The  Division  of Legislative  Audit  found  that the  AELS  Board                                                              
meets the public  need and recommends an eight-year  extension. He                                                              
noted  that  the bill  also  changes  the  status of  the  current                                                              
landscape architect  seat from  a nonvoting  temporary to  a full,                                                              
voting member. The bill contains no additional costs.                                                                           
                                                                                                                                
1:38:47 PM                                                                                                                    
CHAIR COSTELLO welcomed Senator Gardner.                                                                                        
                                                                                                                                
CHAIR HUGHES  asked why  the landscape architect  seat has  been a                                                              
non-voting member for 20 years.                                                                                                 
                                                                                                                                
REPRESENTATIVE  KITO  explained   the  interest  in  keeping  that                                                              
position   temporary   until   there   were   licensed   landscape                                                              
architects  in  Alaska. He  said  the  Board  has tried  twice  to                                                              
change  this provision  since  there are  now  about 50  landscape                                                              
architects in Alaska.                                                                                                           
                                                                                                                                
1:40:58 PM                                                                                                                    
SENATOR MEYER  asked if the audit  found a surplus in  the Board's                                                              
budget.                                                                                                                         
                                                                                                                                
REPRESENTATIVE KITO  confirmed there is  a surplus. The  budget is                                                              
calculated annually,  but adjusted every  two years. The  fees are                                                              
adjusted accordingly in that two-year cycle.                                                                                    
                                                                                                                                
SENATOR MEYER  suggested the  fees could or  should be  reduced if                                                              
there actually is a $1.6 million surplus.                                                                                       
                                                                                                                                
REPRESENTATIVE  KITO said  that is  how it  works. If  there is  a                                                              
surplus the subsequent biennium fee will be adjusted.                                                                           
                                                                                                                                
CHAIR COSTELLO noted those available to answer questions.                                                                       
                                                                                                                                
1:43:26 PM                                                                                                                    
KRIS  CURTIS,  Legislative Auditor,  Legislative  Audit  Division,                                                              
explained the results  of the sunset review dated  April 2016. She                                                              
said,  overall, the  audit found  that  the Board  is serving  the                                                              
public's interest  and they  recommended an eight-year  extension,                                                              
the maximum allowed. The audit had no recommendations.                                                                          
                                                                                                                                
She reported  on the  schedule of revenue  expenditures on  page 7                                                              
of the  audit report,  as of  February  2016. At  the end of  FY13                                                              
there was  a deficit and  the fees were  increased; at the  end of                                                              
February  2016 there  was a  surplus  of over  $1.6 million.  They                                                              
discussed this  with the Division  of Corporations,  Business, and                                                              
Professional Licensing the decision was to re-evaluate the fees.                                                                
                                                                                                                                
She referred  to page  8 of the  audit -  the schedule  of license                                                              
fees - and  page 5 - a list  of all occupations that  are licensed                                                              
by the  AELS Board and  the count of  the numbers of  licensees or                                                              
registrants.                                                                                                                    
                                                                                                                                
MS. CURTIS noted  the audit also discussed Board  composition. All                                                              
occupations  that  are  licensed  by  the  Board  are  represented                                                              
except  for the  landscape  architect. They  interviewed  7 of  10                                                              
Board  members about  that  issue and  found  that all  7 were  in                                                              
support of making the landscape architect position permanent.                                                                   
                                                                                                                                
CHAIR COSTELLO asked how many members are on the Board.                                                                         
                                                                                                                                
MS. CURTIS said 10.                                                                                                             
                                                                                                                                
CHAIR COSTELLO asked if the even number of members is a problem.                                                                
                                                                                                                                
MS. CURTIS said they  did not have an opinion on  that and did not                                                              
come out  with a recommendation.  She said  it was a  policy call.                                                              
She explained the reasons for interviewing 7 members.                                                                           
                                                                                                                                
1:46:51 PM                                                                                                                    
SENATOR GARDNER  referred  to page 7  of the  audit and  asked for                                                              
examples  of other  revenue sources.  She also  asked whether  the                                                              
fluctuation  in spending is  related to  the number of  complaints                                                              
that are investigated.                                                                                                          
                                                                                                                                
MS. CURTIS  said they did  not have an  explanation for  the other                                                              
fund  sources;  that  information   comes  from  the  agency.  The                                                              
fluctuation  is  mainly  in  the area  of  services  under  direct                                                              
expenditures.  The agency  may be  able to  answer that  question,                                                              
she said.                                                                                                                       
                                                                                                                                
1:47:58 PM                                                                                                                    
SENATOR MEYER  asked if  Legislative Audit  recommended an  8-year                                                              
extension because they are comfortable with the Board.                                                                          
                                                                                                                                
MS. CURTIS answered yes.                                                                                                        
                                                                                                                                
SENATOR  MEYER  asked   about  a  concern  on   page  4  regarding                                                              
registrants completing continuing education.                                                                                    
                                                                                                                                
MS. CURTIS  said it is  not a concern now  due to a  new licensing                                                              
system that includes continuing education documentation.                                                                        
                                                                                                                                
1:49:20 PM                                                                                                                    
ALYSIA JONES, Executive  Administrator, Board of  Registration for                                                              
Architects,   Engineers,   and   Land   Surveyors,   Division   of                                                              
Corporations, Businesses,  and Professional Licensing,  Department                                                              
of   Commerce,  Community   and   Economic  Development   (DCCED),                                                              
introduced herself.                                                                                                             
                                                                                                                                
SARA  CHAMBERS,  Operations  Manager,  Division  of  Corporations,                                                              
Businesses,  and Professional Licensing,  Department of  Commerce,                                                              
Community and Economic Development (DCCED), introduced herself.                                                                 
                                                                                                                                
SENATOR MEYER questioned the $1.6 million surplus.                                                                              
                                                                                                                                
1:50:30 PM                                                                                                                    
MS.  CHAMBERS explained  that all  fees paid  by registrants  stay                                                              
with their  boards. An annual  review is  done to adjust  the fees                                                              
for the  next biannual renewal.  They try  to keep the  fees level                                                              
to limit investigative costs.                                                                                                   
                                                                                                                                
1:52:05 PM                                                                                                                  
SENATOR MEYER asked for examples of typical complaints.                                                                         
                                                                                                                                
MS.  CHAMBERS  shared  several examples,  such  as  violations  of                                                              
licensing laws and the use of an inappropriate person for a job.                                                                
                                                                                                                                
1:53:02 PM                                                                                                                    
MS.  JONES  listed  several  other   examples,  such  as  building                                                              
violations, or unlicensed persons.                                                                                              
                                                                                                                                
SENATOR  MEYER  asked if  it  is a  serious  offense  if a  person                                                              
claims to be a professional engineer (PE) and is not.                                                                           
                                                                                                                                
MS. JONES said yes.                                                                                                             
                                                                                                                                
1:54:39 PM                                                                                                                    
CHAIR HUGHES  said PEs  are paying for  the cost of  investigation                                                              
of those who claim  to be a PE and are not. She  asked if there is                                                              
a way to recoup those costs.                                                                                                    
                                                                                                                                
MS.  CHAMBERS replied  that  there is  no  provision currently  in                                                              
statute to recoup those costs.                                                                                                  
                                                                                                                                
1:55:24 PM                                                                                                                    
SENATOR GARDNER  referred to  page 7,  income licensing  fees, and                                                              
asked what the other sources of income are.                                                                                     
                                                                                                                                
1:55:42 PM                                                                                                                    
MS.  CHAMBERS   explained  that   those  are  third-party   travel                                                              
reimbursements  for  associations   that  fund  travel  for  Board                                                              
members   and  staff   to  maintain   their   education  and   for                                                              
collaboration with other state boards.                                                                                          
                                                                                                                                
She said the  latest financial information through the  end of the                                                              
second  quarter of  this fiscal  year lists the  Board surplus  as                                                              
$1.1 million.                                                                                                                   
                                                                                                                                
1:56:15 PM                                                                                                                    
CHAIR COSTELLO opened public testimony on HB 48.                                                                                
                                                                                                                                
1:56:24 PM                                                                                                                  
COLIN  MAYNARD, PE,  SE, Alaska  Board  of Architects,  Engineers,                                                              
and Land Surveyors,  said he has  been on the Board the  last five                                                              
years  and  served  as  chair during  the  audit.  The  Board  was                                                              
pleased with  the audit  results. He  discussed the resolution  of                                                              
the  continuing  education issue.  He  described  an incident  ten                                                              
years ago  regarding internet renewals  that caused a  surplus and                                                              
another example that caused a deficit.                                                                                          
                                                                                                                                
CHAIR  COSTELLO  noted  that the  audit  suggested  an  eight-year                                                              
extension  and  posited that  it  may  indicate that  the  concern                                                              
about fluctuating fees has been addressed.                                                                                      
                                                                                                                                
2:00:46 PM                                                                                                                    
MICHELLE  ALPERS, Landscape  Architect,  Engineering Public  Works                                                              
Department,   City  and   Borough   of  Juneau,   Member,   Alaska                                                              
Professional Design  Council stated  support for the  provision in                                                              
SB 48  to make the  seat on the  Board for landscape  architects a                                                              
permanent voting position.                                                                                                      
                                                                                                                                
2:02:31 PM                                                                                                                  
CHAIR  COSTELLO  closed  public   testimony  and  held  HB  48  in                                                              
committee for further consideration.                                                                                            
                                                                                                                                
2:02:39 PM                                                                                                                  
At ease                                                                                                                         
                                                                                                                                
        SB 79-OPIOIDS; PRESCRIPTIONS; DATABASE; LICENSES                                                                    
                                                                                                                                
2:05:29 PM                                                                                                                    
CHAIR   COSTELLO  reconvened   the  meeting   and  announced   the                                                              
consideration  of SB 79.  She noted  it is  the second hearing  on                                                              
the bill.  The intention is  to look at  a sectional  analysis and                                                              
take  members' questions.  She noted  a letter  from Ms.  Chambers                                                              
pertaining to the bill.                                                                                                         
                                                                                                                                
2:06:35 PM                                                                                                                    
SARA  CHAMBERS,  Operations  Manager,  Division  of  Corporations,                                                              
Businesses,  and Professional Licensing,  Department of  Commerce,                                                              
Community  and Economic  Development (DCCED),  explained that  the                                                              
letter is in response  to a concern by Senator Hughes  that when a                                                              
person receives  a prescription that  meets a threshold  the Board                                                              
of Pharmacy  has set as a  policy call - visiting  five pharmacies                                                              
or five prescribers  within three months - it gives  a red flag to                                                              
the  prescriber.  In  the  Prescription  Drug  Monitoring  Program                                                              
(PDMP), at  the behest of  the Board of  Pharmacy, there is  a red                                                              
flag alert to potential problems.                                                                                               
                                                                                                                                
2:07:41 PM                                                                                                                    
CHAIR  COSTELLO noted  the letter  does not indicate  the  type of                                                              
prescriptions.                                                                                                                  
                                                                                                                                
MS.  CHAMBERS  offered  her  understanding  that it  is  only  for                                                              
scheduled drugs.                                                                                                                
                                                                                                                                
CHAIR COSTELLO  used an example  of someone with cancer  who would                                                              
use those drugs frequently and thus be targeted.                                                                                
                                                                                                                                
MS. CHAMBERS  said it is  only an alert  and does not  require any                                                              
action. It  is for the prescriber  to determine a  legitimate need                                                              
or not for the drugs.                                                                                                           
                                                                                                                                
2:09:50 PM                                                                                                                    
CHAIR  HUGHES voiced  concern about  all the  requirements put  on                                                              
pharmacists and  providers. She wondered if the  Prescription Drug                                                              
Monitoring Program  (PDMP) could be monitored by  one office, such                                                              
as  the  chief  medical  officer,   instead  of  by  providers  or                                                              
pharmacists, in order to target over-prescribers.                                                                               
                                                                                                                                
2:12:27 PM                                                                                                                  
JAY  BUTLER,  Chief  Medical Officer,  Department  of  Health  and                                                              
Social  Services (DHSS),  stated that  the question  about how  to                                                              
get information  back to  providers in the  most effective  way to                                                              
influence  prescribing   practices  is   at  the  center   of  the                                                              
discussion. The  current practice  of tracking doctor  shoppers is                                                              
not the  solution. The approach  in SB 79  is intended to  be non-                                                              
punitive  and educational,  such  as providing  a  report card  to                                                              
providers and  then comparing  that amount to  the average  of all                                                              
providers in the state.                                                                                                         
                                                                                                                                
He stated  that the  prescribing  rates today  are not lower  than                                                              
they  were  ten  years  ago.  He  maintained  that  the  level  of                                                              
prescribing is  not acceptable. He  said that prescription  use of                                                              
opioids  is one  of the  major  risk factors  for  heroin use.  He                                                              
referred  to  the  Centers  for  Disease  Control  and  Prevention                                                              
report  on risk factors  of long-term  opioid  use. One factor  is                                                              
having  a prescription  for longer  than  10 days.  The Annals  of                                                              
Surgery  study  found   that  72  percent  of   all  opioid  pills                                                              
prescribed  are not  taken. For  the most  common procedures,  the                                                              
majority  of patients  could  be managed  by  a one  to three  day                                                              
supply of pain medication.                                                                                                      
                                                                                                                                
2:17:06 PM                                                                                                                    
CHAIR  HUGHES asked  Dr. Butler  if he  has data  that shows  that                                                              
more doctors are prescribing more opioids in 2017 than in 2007.                                                                 
                                                                                                                                
DR. BUTLER  said Alaska data  is extrapolated from  national data;                                                              
it  indicates that  more  than half  of  opioid prescriptions  are                                                              
written by  primary care  providers. He  pointed to the  marketing                                                              
of opioids  to primary care  physicians in  the late 90s.  He said                                                              
he does not have the authority to look at PDMP data.                                                                            
                                                                                                                                
2:19:32 PM                                                                                                                    
CHAIR  HUGHES  questioned  whether  overprescribing  is  happening                                                              
generally or  by a few doctors.  She asked if it would  be helpful                                                              
if he could tell who is overprescribing.                                                                                        
                                                                                                                                
2:21:34 PM                                                                                                                    
DR. BUTLER said  if someone has the authority to  look at the PDMP                                                              
it would  be helpful.  He challenged  the concept  that "it's  the                                                              
bad actors" who  are overprescribing. He said he  does not believe                                                              
there are  many over-prescribers who  intend to do harm;  it's due                                                              
to a lack of knowledge.                                                                                                         
                                                                                                                                
2:23:47 PM                                                                                                                    
CHAIR  HUGHES   said  the   bill  is  here   partly  due   to  the                                                              
requirements of  the Board  of Pharmacy, but  she did not  want to                                                              
overburden the pharmacists.  Other states have allowed  the DEA to                                                              
monitor  the PDMP  and  find out  if it  is  prevalent across  the                                                              
board.  She asked  if he  could  find out  information from  other                                                              
states.                                                                                                                         
                                                                                                                                
DR.  BUTLER   said  they   already  have   that  information   and                                                              
recommendations  for   best  practices,  such  as   from  the  Pew                                                              
Charitable  Trust.   He  said  he   respects  the   concern  about                                                              
confidentiality  and patient  privacy that  has led  Alaska to  be                                                              
very careful  with  PDMP data. Some  of the  lessons learned  from                                                              
other states has gone into the drafting of the bill.                                                                            
                                                                                                                                
2:25:46 PM                                                                                                                    
CHAIR  HUGHES said  she  would like  to  know:  the percentage  of                                                              
providers  in other  states that  are  over-prescribers; and  what                                                              
happens to someone who has been found to over prescribe.                                                                        
                                                                                                                                
2:26:35 PM                                                                                                                    
MS.   CHAMBERS  stressed   the   importance   of  first   defining                                                              
overprescribing.  The  bill  sets  the  limit  of  a  prescription                                                              
supply at  seven days. Overprescribing  used to be  considered the                                                              
number of prescriptions.                                                                                                        
                                                                                                                                
She  said there  are penalties  in the  bill for  overprescribing,                                                              
but without  a further definition  of overprescribing it  would be                                                              
hard to enforce.                                                                                                                
                                                                                                                                
2:28:11 PM                                                                                                                    
CHAIR  HUGHES  asked if  there  is  some  exception to  the  7-day                                                              
prescription  supply for those  who live in  rural areas  and have                                                              
trouble getting to a pharmacy.                                                                                                  
                                                                                                                                
MS. CHAMBERS  said the bill makes  exceptions for that  and allows                                                              
for  professional  discretion  when  prescribing,  and  there  are                                                              
electronic  prescription options.  These  provisions are  concepts                                                              
that  the  Joint  Committee on  Prescriptive  Guidelines  came  up                                                              
with.                                                                                                                           
                                                                                                                                
She  agreed that  lack  of awareness  about  overprescribing is  a                                                              
topic  the  State  Medical  Board  is aware  of.  They  said  more                                                              
education is also needed about alternatives to opioids.                                                                         
                                                                                                                                
2:31:35 PM                                                                                                                    
CHAIR COSTELLO  referred to the  data on deaths related  to heroin                                                              
and  synthetic  opioids  in  the   State  of  Alaska  Epidemiology                                                              
Bulletin dated November  7, 2016. Fifty percent  were in Anchorage                                                              
and  Mat-Su. She  asked about  the connection  between heroin  use                                                              
and opioid addiction.                                                                                                           
                                                                                                                                
2:32:33 PM                                                                                                                    
DR. BUTLER described  the opioid epidemic in terms  of three waves                                                              
of a  tsunami. The first  wave was the  increase in the  number of                                                              
overdose  deaths related  to prescription  opioids. That  wave has                                                              
not fully  receded. The  second wave appeared  in about  2010 when                                                              
heroin  became   cheaper  and  more  available.   The  third  wave                                                              
appeared two  years ago  and is driven  by fentanyl  and synthetic                                                              
opioids. That  wave differs  because there is  not an  increase in                                                              
prescriptions   for  fentanyl.   These   substances  are   readily                                                              
available and can be ordered on the internet.                                                                                   
                                                                                                                                
He noted  that half  of deaths  are in  Anchorage and  Mat-Su, but                                                              
that is also  where 40 percent of the state's  population resides.                                                              
The  problem is  spread throughout  the  United States,  including                                                              
small Alaskan villages.                                                                                                         
                                                                                                                                
2:35:52 PM                                                                                                                    
CHAIR   COSTELLO  referred   to   drug  representatives   in   the                                                              
pharmaceutical  industry that  lobby doctors.  She asked  if there                                                              
is any  information about "performance  targets" for  doctors. She                                                              
asked if  they have considered  the pharmaceutical  company's role                                                              
in this epidemic.                                                                                                               
                                                                                                                                
2:37:26 PM                                                                                                                    
DR.   BUTLER  said   it's  important   that  prescribers   receive                                                              
information from  sources other than pharmaceutical  companies. He                                                              
spoke of  fines to  drug companies  for not communicating  dangers                                                              
of opioid dependency to physicians.                                                                                             
                                                                                                                                
He said they  would like to go toward "academic  detailing," which                                                              
is  based on  the concept  of what  is evidence  based in  medical                                                              
literature. The  goal is to learn  from past experiences  and look                                                              
at alternatives for pain management.                                                                                            
                                                                                                                                
2:39:30 PM                                                                                                                    
SENATOR GARDNER said  she has a disabled veteran  constituent with                                                              
chronic pain who  thinks the bill will punish people  in pain. She                                                              
asked  for assurance  that  there is  a  provision that  addresses                                                              
this type of exception.                                                                                                         
                                                                                                                                
2:41:12 PM                                                                                                                    
DR.  BUTLER  said  it  is  left  to  the  provider's  professional                                                              
judgement  as to  whether  a larger  dispensing  is indicated.  He                                                              
said there are exceptions listed in the bill.                                                                                   
                                                                                                                                
2:42:40 PM                                                                                                                    
SENATOR GARDNER  talked about a partial prescription  as requested                                                              
by a patient.  She asked if patients  that are in charge  of their                                                              
own pain management use less.                                                                                                   
                                                                                                                                
DR. BUTLER said he believes that is true.                                                                                       
                                                                                                                                
SENATOR  GARDNER  voiced concern  about  the voiding  of  leftover                                                              
pain  medication  from  a  partial  prescription.  She  asked  Dr.                                                              
Butler if he would  support an amendment to allow  the rest of the                                                              
prescription to be used.                                                                                                        
                                                                                                                                
2:44:23 PM                                                                                                                    
DR. BUTLER  said yes.  The bill attempts  to allow pharmacists  to                                                              
fill  only part  of  the prescription  at  the patient's  request.                                                              
Federal law  already allows that  to happen while not  voiding the                                                              
second half of the prescription.                                                                                                
                                                                                                                                
2:45:32 PM                                                                                                                    
CHAIR  HUGHES   asked  how   much  illegal   street  activity   is                                                              
attributed to prescription drugs versus heroin.                                                                                 
                                                                                                                                
2:46:07 PM                                                                                                                    
CAPTAIN MIKE DUXBURY,  Alaska State Trooper, Department  of Public                                                              
Safety (DPS), said  it depends on the location. He  said pills are                                                              
cheaper  in  Anchorage than  in  Western  Alaska. He  provided  an                                                              
example of supply and demand depending on location.                                                                             
                                                                                                                                
He  emphasized how  hard  it is  for  doctors  and pharmacists  to                                                              
understand  the lengths  a  person  might go  to  get drugs.  Some                                                              
people travel to other towns for doctor and pharmacy shopping.                                                                  
                                                                                                                                
2:49:08 PM                                                                                                                    
CHAIR HUGHES  referred to page  7 - a  report on the  Prescription                                                              
Drug Monitoring  Program (PDMP). She  asked what would  trigger 18                                                              
warrants for law enforcement to have access to PDMP in 2016.                                                                    
                                                                                                                                
2:50:01 PM                                                                                                                    
CAPTAIN  DUXBURY said  they work  closely with  the Department  of                                                              
Law  to get  those warrants.  Probable cause  is what  is used  to                                                              
obtain a  search warrant. They  see a great  deal of  opioid abuse                                                              
where heroin becomes the next step.                                                                                             
                                                                                                                                
He  described the  drug  problem  as a  "balloon  theory". If  you                                                              
squeeze a  balloon in your hands  it will pop out  somewhere else.                                                              
The  bill  would  provide  a  gradual  reduction  of,  and  better                                                              
control  of, consumption.  He added  that heroin  addiction has  a                                                              
very high death rate due to contaminated drugs.                                                                                 
                                                                                                                                
CHAIR HUGHES asked  what would cause the DEA to  get involved. She                                                              
also inquired  if State Troopers have  the tools to go  after drug                                                              
dealers of prescription pills and heroin.                                                                                       
                                                                                                                                
2:53:35 PM                                                                                                                    
CAPTAIN DUXBURY  spoke of  a lack of  officers and the  difficulty                                                              
of going  after small players,  causing them  to have to  go after                                                              
the  big ones.  They  work closely  with the  DEA  because of  the                                                              
DEA's resources and expertise.                                                                                                  
                                                                                                                                
2:55:15 PM                                                                                                                    
SENATOR  GARDNER  asked about  the  7-day  limitation  and how  it                                                              
relates to  the 10-day  prescription, which  is considered  a risk                                                              
factor.                                                                                                                         
                                                                                                                                
DR.  BUTLER said  there  is no  magic  to the  length  of a  7-day                                                              
prescription. He  noted that CDC  recommends no more than  a 3-day                                                              
supply; more  than a 7-day  supply is rarely  needed. It is  up to                                                              
the professional's judgement.                                                                                                   
                                                                                                                                
2:56:18 PM                                                                                                                    
SENATOR GARDNER  observed that  there is a  zero fiscal  note from                                                              
the department, and  asked if there will be a  financial impact to                                                              
practitioners, pharmacists, and others.                                                                                         
                                                                                                                                
DR. BUTLER  said it would be a  burden, but the payoff  of patient                                                              
safety and reduced cost due to death and disability is good.                                                                    
                                                                                                                                
MS. CHAMBERS noted  a fiscal note for the Department  of Commerce,                                                              
Community   and  Economic   Development  (DCCED)   to  cover   the                                                              
regulations required  by the various  boards that are  affected by                                                              
the changes due to the bill.                                                                                                    
                                                                                                                                
SENATOR  GARDNER said  many  parts of  SB 74  have  not gone  into                                                              
effect,   including  requirements   for   those   who  write   the                                                              
prescriptions  to  look up  patient  history  in PDMP  first.  She                                                              
asked if  it makes sense to  hold off on changing  requirements of                                                              
pharmacists.                                                                                                                    
                                                                                                                                
2:58:26 PM                                                                                                                    
DR. BUTLER clarified  that the intention of Section  32 is to have                                                              
a seamless process  where the prescriber is mandated  to check the                                                              
database before  prescribing a Schedule  II or Schedule  III drug,                                                              
and  the pharmacist  would populate  the  database. He  summarized                                                              
that  the prescriber  is subject  to disciplinary  action for  not                                                              
reviewing  the database  prior  to prescribing;  it  is not  meant                                                              
that the pharmacist must review the database before dispensing.                                                                 
                                                                                                                                
3:00:20 PM                                                                                                                    
CHAIR COSTELLO said that is not clear in the bill.                                                                              
                                                                                                                                
3:00:38 PM                                                                                                                    
SENATOR GARDNER said  she understands that the  pharmacist is also                                                              
a  practitioner  because they  can  give immunizations,  but  that                                                              
isn't the bill's intent.                                                                                                        
                                                                                                                                
DR. BUTLER suggested the Department of Law address the question.                                                                
                                                                                                                                
3:01:29 PM                                                                                                                    
STACIE KRALY,  Chief Assistant  Attorney General, Civil  Division,                                                              
Human Services  Section, Department  of Law, explained  that under                                                              
the Prescription  Drug Monitoring  Program, the pharmacist  is not                                                              
considered  a prescriber.  Rather,  the pharmacist  populates  the                                                              
data within the PDMP.                                                                                                           
                                                                                                                                
SENATOR GARDNER commented  that it's all about the  context of the                                                              
language.                                                                                                                       
                                                                                                                                
CHAIR  COSTELLO  asked how  it  is  determined  whether or  not  a                                                              
prescriber reviewed the database.                                                                                               
                                                                                                                                
MS.  KRALEY explained  that  when a  practitioner  signs into  the                                                              
PDMP it's  apparent that they've  accessed the information.  Prior                                                              
to Senate  Bill 74  the PDMP  was a voluntary  program.  That bill                                                              
made the PDMP mandatory  and changed from a 30-day  lookup to a 7-                                                              
day  lookup. SB  79 mandates  a one-day  look up.  She noted  that                                                              
Senate Bill  74 also allowed  for a licensed  delegate, such  as a                                                              
licensed pharmacy  tech or  licensed R.N., to  have access  to the                                                              
PDMP.  She described  the  changes  that Senate  Bill  74 made  as                                                              
critical   and   acknowledged   that   is   was   still   in   the                                                              
implementation phase.                                                                                                           
                                                                                                                                
3:05:48 PM                                                                                                                    
SENATOR   GARDNER  asked   what   proportion   of  providers   and                                                              
pharmacists are currently registered with the PDMP.                                                                             
                                                                                                                                
MS.  CHAMBERS  responded that  she  does  not  have the  Board  of                                                              
Pharmacy's  PDMP report with  her. There  is no  data on  how many                                                              
would  be  required  to  register   and  they  are  not  currently                                                              
required to track that information.                                                                                             
                                                                                                                                
3:07:22 PM                                                                                                                    
SENATOR GARDNER  asked how prescribers  and patients will  be made                                                              
aware of the non-opioid directive.                                                                                              
                                                                                                                                
3:07:46 PM                                                                                                                    
DR.  BUTLER responded  that  DHSS would  do  public outreach.  The                                                              
directive could also  be included on the medical  record. The bill                                                              
would  provide  a  waiver  for civil  or  criminal  liability  for                                                              
failure to  prescribe or dispense  an opioid. The intention  is to                                                              
have the  directive be  a communications  tool and avoid  creation                                                              
of liability.                                                                                                                   
                                                                                                                                
3:08:56 PM                                                                                                                    
SENATOR  GARDNER  wondered  about   marketing  drugs  and  whether                                                              
advertising contributes to the problem.                                                                                         
                                                                                                                                
DR. BUTLER  shared a story from  two years ago that  affirmed that                                                              
it does.                                                                                                                        
                                                                                                                                
CHAIR  COSTELLO  asked  if  the department  could  help  with  the                                                              
educational aspect.                                                                                                             
                                                                                                                                
DR.  BUTLER  said yes.  There  is  a broad  range  of  educational                                                              
messages, including  changing expectations of the  patient and the                                                              
provider   of  what   will   happen   when  someone   requires   a                                                              
prescription for a pain medication.                                                                                             
                                                                                                                                
3:10:50 PM                                                                                                                    
CHAIR  HUGHES  noted  there  has  been  a  decline  in  antibiotic                                                              
prescriptions.  She   asked  if  states  were  involved   in  that                                                              
process.                                                                                                                        
                                                                                                                                
DR. BUTLER  said it varied by  state; some states  received grants                                                              
from the federal  government and some grants went  to universities                                                              
with  medical  schools.  One  of   the  most  effective  education                                                              
methods is direct counseling to providers.                                                                                      
                                                                                                                                
3:12:03 PM                                                                                                                    
SENATOR  MEYER asked  about people  getting  pain medication  from                                                              
veterinarians and whether that is a factor in addiction.                                                                        
                                                                                                                                
DR.  BUTLER  said  there  have  been  several  reports  of  people                                                              
getting opioids from a veterinarian.                                                                                            
                                                                                                                                
3:14:06 PM                                                                                                                    
SENATOR MEYER  said opioid addiction  is a nationwide  problem. He                                                              
asked if  Alaska is doing what  other states are doing  to address                                                              
it.                                                                                                                             
                                                                                                                                
DR.   BUTLER  said   SB  79   mirrors   the  2016   STEP  Act   in                                                              
Massachusetts. Other  states that provided information  were Utah,                                                              
Arizona, and  Ohio; they  use the  concept of non-punitive  report                                                              
cards to providers.                                                                                                             
                                                                                                                                
3:15:50 PM                                                                                                                    
CHAIR  COSTELLO opened  public testimony  on  SB 79.  She noted  a                                                              
letter from Delta Junction.                                                                                                     
                                                                                                                                
3:16:17 PM                                                                                                                    
SCOTT ADAMS, representing  himself, expressed concern  with SB 79.                                                              
He said he  has a problem with  the 7-day supply limit;  it should                                                              
be  defined  by  the doctor  and  contributing  circumstances.  He                                                              
described his situation  in a rural setting and  his prescriptions                                                              
cannot  be electronically  faxed.  He suggested  when people  have                                                              
chronic  pain  or cancer  there  should  be  an exception  to  the                                                              
supply limit.                                                                                                                   
                                                                                                                                
3:19:18 PM                                                                                                                    
CHAIR  COSTELLO  closed public  testimony  on  SB 79  and  thanked                                                              
those who testified.                                                                                                            
                                                                                                                                
She referred  to a  letter from  Delta Junction  and asked  why an                                                              
education campaign  couldn't be the  solution to the  opioid issue                                                              
rather  than   record  keeping.   SB  74   would  have   reporting                                                              
requirements.                                                                                                                   
                                                                                                                                
3:20:19 PM                                                                                                                    
DR.  BUTLER  stated that  clinical  guidelines  are not  making  a                                                              
difference soon  enough. A  single answer is  not the  solution; a                                                              
multiple  approach is  needed  to address  the  broader issues  of                                                              
substance abuse.                                                                                                                
                                                                                                                                
3:22:15 PM                                                                                                                    
SENATOR  GARDNER suggested  the  previous caller  could have  been                                                              
told about the exceptions in the bill.                                                                                          
                                                                                                                                
DR. BUTLER agreed with both of Mr. Adams' points.                                                                               
                                                                                                                                
CHAIR COSTELLO suggested comparing Senate Bill 74 and SB 79.                                                                    
                                                                                                                                
CHAIR HUGHES  asked for  a list  of special  provisions/exceptions                                                              
in the bill.                                                                                                                    
                                                                                                                                
CHAIR COSTELLO held SB 79 in committee.                                                                                         
                                                                                                                                
3:23:33 PM                                                                                                                    
There  being no  further business  to come  before the  committee,                                                              
Chair Costello  adjourned the Senate  Labor and Commerce  Standing                                                              
Committee at 3:23 p.m.                                                                                                          
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