SB 166: "An Act relating to the controlled substance prescription database; relating to the Board of Dental Examiners; relating to the State Medical Board; relating to the Board of Nursing; relating to the Board of Examiners in Optometry; relating to the Board of Pharmacy; and providing for an effective date."
00 SENATE BILL NO. 166 01 "An Act relating to the controlled substance prescription database; relating to the 02 Board of Dental Examiners; relating to the State Medical Board; relating to the Board 03 of Nursing; relating to the Board of Examiners in Optometry; relating to the Board of 04 Pharmacy; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.36.070(a) is amended to read: 07 (a) The board shall 08 (1) provide for the examination of applicants and the credentialing, 09 registration, and licensure of those applicants it finds qualified; 10 (2) maintain a registry of licensed dentists, licensed dental hygienists, 11 and registered dental assistants who are in good standing; 12 (3) affiliate with the American Association of Dental Boards and pay 13 annual dues to the association; 14 (4) hold hearings and order the disciplinary sanction of a person who
01 violates this chapter, AS 08.32, or a regulation of the board; 02 (5) supply forms for applications, licenses, permits, certificates, 03 registration documents, and other papers and records; 04 (6) enforce the provisions of this chapter and AS 08.32 and adopt or 05 amend the regulations necessary to make the provisions of this chapter and AS 08.32 06 effective; 07 (7) adopt regulations ensuring that renewal of a license, registration, or 08 certificate under this chapter or a license, certificate, or endorsement under AS 08.32 09 is contingent upon proof of continued professional competence; 10 (8) at least annually, cause to be published on the Internet and in a 11 newspaper of general circulation in each major city in the state a summary of 12 disciplinary actions the board has taken during the preceding calendar year; 13 (9) issue permits or certificates to licensed dentists, licensed dental 14 hygienists, and dental assistants who meet standards determined by the board for 15 specific procedures that require specific education and training; 16 (10) provide information to a licensed dentist on how to register 17 with the controlled substance prescription database under AS 17.30.200(o) when 18 the dentist's license is issued, reinstated, or renewed. 19 * Sec. 2. AS 08.64.101 is amended to read: 20 Sec. 08.64.101. Duties. The board shall 21 (1) examine and issue licenses to applicants; 22 (2) develop written guidelines to ensure that licensing requirements are 23 not unreasonably burdensome and the issuance of licenses is not unreasonably 24 withheld or delayed; 25 (3) after a hearing, impose disciplinary sanctions on persons who 26 violate this chapter or the regulations or orders of the board; 27 (4) adopt regulations ensuring that renewal of licenses is contingent 28 upon proof of continued competency on the part of the licensee; [AND] 29 (5) under regulations adopted by the board, contract with private 30 professional organizations to establish an impaired medical professionals program to 31 identify, confront, evaluate, and treat persons licensed under this chapter who abuse
01 alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 02 and 03 (6) provide information to a licensee on how to register with the 04 controlled substance prescription database under AS 17.30.200(o) when a license 05 is issued, reinstated, or renewed. 06 * Sec. 3. AS 08.68.100(a) is amended to read: 07 (a) The board shall 08 (1) adopt regulations necessary to implement this chapter, including 09 regulations 10 (A) pertaining to practice as an advanced nurse practitioner and 11 a certified registered nurse anesthetist; 12 (B) necessary to implement AS 08.68.331 - 08.68.336 relating 13 to certified nurse aides in order to protect the health, safety, and welfare of 14 clients served by nurse aides; 15 (C) pertaining to retired nurse status; and 16 (D) establishing criteria for approval of practical nurse 17 education programs that are not accredited by a national nursing accrediting 18 body; 19 (2) approve curricula and adopt standards for basic education programs 20 that prepare persons for licensing under AS 08.68.190; 21 (3) provide for surveys of the basic nursing education programs in the 22 state at the times it considers necessary; 23 (4) approve education programs that meet the requirements of this 24 chapter and of the board, and deny, revoke, or suspend approval of education 25 programs for failure to meet the requirements; 26 (5) examine, license, and renew the licenses of qualified applicants; 27 (6) prescribe requirements for competence before a former nurse may 28 resume the practice of nursing under this chapter; 29 (7) define by regulation the qualifications and duties of the executive 30 administrator and delegate authority to the executive administrator that is necessary to 31 conduct board business;
01 (8) develop reasonable and uniform standards for nursing practice; 02 (9) publish advisory opinions regarding whether nursing practice 03 procedures or policies comply with acceptable standards of nursing practice as defined 04 under this chapter; 05 (10) require applicants under this chapter to submit fingerprints and the 06 fees required by the Department of Public Safety under AS 12.62.160 for criminal 07 justice information and a national criminal history record check; the department shall 08 submit the fingerprints and fees to the Department of Public Safety for a report of 09 criminal justice information under AS 12.62 and a national criminal history record 10 check under AS 12.62.400; 11 (11) provide information to a licensed registered nurse on how to 12 register with the controlled substance prescription database under 13 AS 17.30.200(o) when the registered nurse's license is issued, reinstated, or 14 renewed. 15 * Sec. 4. AS 08.72.060(c) is amended to read: 16 (c) The board shall 17 (1) elect a chair and secretary from among its members; 18 (2) order a licensee to submit to a reasonable physical examination if 19 the licensee's physical capacity to practice safely is at issue; 20 (3) provide information to a licensee on how to register with the 21 controlled substance prescription database under AS 17.30.200(o) when a license 22 is issued or renewed. 23 * Sec. 5. AS 08.80.030(b) is amended to read: 24 (b) In order to fulfill its responsibilities, the board has the powers necessary 25 for implementation and enforcement of this chapter, including the power to 26 (1) elect a president and secretary from its membership and adopt rules 27 for the conduct of its business; 28 (2) license by examination or by license transfer the applicants who are 29 qualified to engage in the practice of pharmacy; 30 (3) assist the department in inspections and investigations for 31 violations of this chapter, or of any other state or federal statute relating to the practice
01 of pharmacy; 02 (4) adopt regulations to carry out the purposes of this chapter; 03 (5) establish and enforce compliance with professional standards and 04 rules of conduct for pharmacists engaged in the practice of pharmacy; 05 (6) determine standards for recognition and approval of degree 06 programs of schools and colleges of pharmacy whose graduates shall be eligible for 07 licensure in this state, including the specification and enforcement of requirements for 08 practical training, including internships; 09 (7) establish for pharmacists and pharmacies minimum specifications 10 for the physical facilities, technical equipment, personnel, and procedures for the 11 storage, compounding, and dispensing of drugs or related devices, and for the 12 monitoring of drug therapy; 13 (8) enforce the provisions of this chapter relating to the conduct or 14 competence of pharmacists practicing in the state, and the suspension, revocation, or 15 restriction of licenses to engage in the practice of pharmacy; 16 (9) license and regulate the training, qualifications, and employment of 17 pharmacy interns and pharmacy technicians; 18 (10) issue licenses to persons engaged in the manufacture and 19 distribution of drugs and related devices; 20 (11) establish and maintain a controlled substance prescription 21 database as provided in AS 17.30.200; 22 (12) establish standards for the independent administration by a 23 pharmacist of vaccines and related emergency medications under AS 08.80.168, 24 including the completion of an immunization training program approved by the board; 25 (13) provide information to a licensed pharmacist on how to 26 register with the controlled substance prescription database under 27 AS 17.30.200(o) when the pharmacist's license is issued or renewed. 28 * Sec. 6. AS 17.30.200(d) is amended to read: 29 (d) The database and the information contained within the database are 30 confidential, are not public records, and are not subject to public disclosure. The board 31 shall undertake to ensure the security and confidentiality of the database and the
01 information contained within the database. The board may allow access to the 02 database only to the following persons, and in accordance with the limitations 03 provided and regulations of the board: 04 (1) personnel of the board regarding inquiries concerning licensees or 05 registrants of the board or personnel of another board or agency concerning a 06 practitioner under a search warrant, subpoena, or order issued by an administrative law 07 judge or a court; 08 (2) authorized board personnel or contractors as required for 09 operational and review purposes; 10 (3) a licensed practitioner having authority to prescribe controlled 11 substances or an agent or employee of the practitioner whom the practitioner has 12 authorized to access the database on the practitioner's behalf, to the extent the 13 information relates specifically to a current patient of the practitioner to whom the 14 practitioner is prescribing or considering prescribing a controlled substance; 15 (4) a licensed or registered pharmacist having authority to dispense 16 controlled substances or an agent or employee of the pharmacist whom the 17 pharmacist has authorized to access the database on the pharmacist's behalf, to 18 the extent the information relates specifically to a current patient to whom the 19 pharmacist is dispensing or considering dispensing a controlled substance; 20 (5) federal, state, and local law enforcement authorities may receive 21 printouts of information contained in the database under a search warrant, subpoena, 22 or order issued by a court establishing probable cause for the access and use of the 23 information; and 24 (6) an individual who is the recipient of a controlled substance 25 prescription entered into the database may receive information contained in the 26 database concerning the individual on providing evidence satisfactory to the board that 27 the individual requesting the information is in fact the person about whom the data 28 entry was made and on payment of a fee set by the board under AS 37.10.050 that 29 does not exceed $10. 30 * Sec. 7. AS 17.30.200(k) is amended to read: 31 (k) In the regulations adopted under this section, the board shall provide
01 (1) that prescription information in the database shall be purged from 02 the database after two years have elapsed from the date the prescription was 03 dispensed; 04 (2) a method for an individual to challenge information in the database 05 about the individual that the person believes is incorrect or was incorrectly entered by 06 a dispenser; 07 (3) a procedure for registration with the database. 08 * Sec. 8. AS 17.30.200 is amended by adding new subsections to read: 09 (o) A pharmacist who dispenses or a practitioner who prescribes or directly 10 dispenses a schedule IA, IIA, IIIA, IVA, or VA controlled substance under state law 11 or a schedule I, II, III, IV, or V controlled substance under federal law may register 12 with the database by a procedure and in a format established by the board. 13 (p) The board shall promptly notify the State Medical Board, the Board of 14 Nursing, the Board of Dental Examiners, and the Board of Examiners in Optometry 15 when a practitioner registers with the database under (o) of this section. 16 (q) Notwithstanding another provision of law, the board may, on its own 17 initiative, provide a report from the database to a practitioner or pharmacist who is 18 registered with the database. 19 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 TRANSITION: REGULATIONS. The Board of Pharmacy may adopt regulations 22 necessary to implement the changes made by secs. 6 - 8 of this Act. The regulations take 23 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 24 relevant provision of this Act implemented by the regulation. 25 * Sec. 10. Section 9 of this Act takes effect July 1, 2016. 26 * Sec. 11. Except as provided in sec. 10 of this Act, this Act takes effect January 1, 2017.