00                             HOUSE BILL NO. 32                                                                          
01 "An Act relating to employer-required drug testing; requiring the Alaska Workers'                                       
02 Compensation Board to adopt regulations relating to the prescription of controlled                                      
03 substances to employees; and relating to the prescription of controlled substances to                                   
04 employees."                                                                                                             
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 23.10.620 is amended by adding a new subsection to read:                                           
07            (g)  In addition to the tests required under (c) and (d) of this section, an                                 
08       employer may require an employee to undergo drug testing for a controlled substance                               
09       prescribed to the employee if the employee has been prescribed a controlled substance                             
10       listed in schedule IA under AS 11.71.140 for more than 90 consecutive days by a                                   
11       physician under AS 23.30.095. A negative test result under this subsection for a                                  
12       controlled substance prescribed to the employee may result in the denial of future                                
13       payments by the employer or insurer for the controlled substance prescribed to the                                
14       employee but may not result in any other adverse employment action. A positive test                               

01       result under this subsection for a controlled substance prescribed to the employee may                            
02       not result in an adverse employment action or the denial of prescription benefits.                                
03    * Sec. 2. AS 23.30.005 is amended by adding a new subsection to read:                                              
04            (n)  The board shall adopt regulations relating to the prescription of controlled                            
05       substances to implement AS 23.30.095(p) and (q).                                                                  
06    * Sec. 3. AS 23.30.095 is amended by adding new subsections to read:                                               
07            (p)  A physician may not prescribe to an employee under this chapter more                                    
08       than a 30-day supply of a controlled substance listed in schedule IA under                                        
09       AS 11.71.140 or a controlled opium substance listed in schedule IIIA under                                        
10       AS 11.71.160 or schedule VA under AS 11.71.180.                                                                   
11            (q)  An employer or insurer may use an employee's negative test result under                                 
12       AS 23.10.620(g) to claim that the employer or insurer is not liable for future payments                           
13       for a controlled substance listed in schedule IA under AS 11.71.140 prescribed to the                             
14       employee under this section.