CSSSHB 268(FIN): "An Act relating to the prescription of opioids; 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; and providing for an effective date."
00 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 268(FIN) 01 "An Act relating to the prescription of opioids; relating to the practice of dentistry; 02 relating to the practice of medicine; relating to the practice of podiatry; relating to the 03 practice of osteopathy; relating to the practice of nursing; relating to the practice of 04 optometry; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 OPIOID ADDICTION: LEGISLATIVE FINDINGS. The legislature finds that 09 (1) the state has a considerable moral, public health, and financial interest in 10 reducing opioid and heroin addiction in the state; 11 (2) it is medically documented that opioid prescription drugs are addictive and 12 that opioid addiction is harmful and expensive to address; 13 (3) as of 2017, accepted evidence shows that a significant percentage of 14 people who become addicted to heroin were initially addicted to opioid prescription drugs;
01 (4) opioid prescription drug and heroin addiction interferes with an addict's 02 ability to work and provide for a stable and healthy family; 03 (5) the state's opioid epidemic damages the health of families and children and 04 affects the chances that a child will receive a healthy upbringing; 05 (6) the opioid epidemic increases crime in the state, and the presence of heroin 06 dealers in the state poses a public safety threat; 07 (7) the opioid epidemic costs the state and other entities excessive amounts of 08 money, which is especially problematic in lean budget times; 09 (8) policies that reduce the number of people who become addicted to opioids 10 and heroin will better serve citizens of the state and foster healthier families; 11 (9) patients are not always advised of the addictive effects of opioid 12 prescription drug use or that opioid prescription drug use may lead to opioid prescription drug 13 and heroin addiction; and 14 (10) requiring medical providers to inform patients of the risks associated with 15 opioid prescription drug use can help to reduce opioid prescription drug and heroin addictions 16 in the state. 17 * Sec. 2. AS 08.36.070(a) is amended to read: 18 (a) The board shall 19 (1) provide for the examination of applicants and the credentialing, 20 registration, and licensure of those applicants it finds qualified; 21 (2) maintain a registry of licensed dentists, licensed dental hygienists, 22 and registered dental assistants who are in good standing; 23 (3) affiliate with the American Association of Dental Boards and pay 24 annual dues to the association; 25 (4) hold hearings and order the disciplinary sanction of a person who 26 violates this chapter, AS 08.32, or a regulation of the board; 27 (5) supply forms for applications, licenses, permits, certificates, 28 registration documents, and other papers and records; 29 (6) enforce the provisions of this chapter and AS 08.32 and adopt or 30 amend the regulations necessary to make the provisions of this chapter and AS 08.32 31 effective;
01 (7) adopt regulations ensuring that renewal of a license, registration, or 02 certificate under this chapter or a license, certificate, or endorsement under AS 08.32 03 is contingent upon proof of continued professional competence; 04 (8) at least annually, cause to be published on the Internet and in a 05 newspaper of general circulation in each major city in the state a summary of 06 disciplinary actions the board has taken during the preceding calendar year; 07 (9) issue permits or certificates to licensed dentists, licensed dental 08 hygienists, and dental assistants who meet standards determined by the board for 09 specific procedures that require specific education and training; 10 (10) require that a licensed dentist who has a federal Drug 11 Enforcement Administration registration number register with the controlled substance 12 prescription database under AS 17.30.200(o); 13 (11) adopt regulations requiring a licensee to advise patients, using 14 oral and written information, before prescribing an opioid, of the potential 15 dangers of opioid addiction, and alternatives to the opioid prescription the 16 provider considers reasonable; the board may determine which classes of 17 patients may be reasonably exempted from the information requirement and 18 may allow an exemption from the requirement for violations the board considers 19 to be unintentional, periodic accidental violations, and for good cause, including 20 when a licensee needs to attend to the perceived immediate health care of another 21 patient. 22 * Sec. 3. AS 08.64.101 is amended to read: 23 Sec. 08.64.101. Duties. The board shall 24 (1) examine and issue licenses to applicants; 25 (2) develop written guidelines to ensure that licensing requirements are 26 not unreasonably burdensome and the issuance of licenses is not unreasonably 27 withheld or delayed; 28 (3) after a hearing, impose disciplinary sanctions on persons who 29 violate this chapter or the regulations or orders of the board; 30 (4) adopt regulations ensuring that renewal of licenses is contingent on 31 proof of continued competency on the part of the licensee;
01 (5) under regulations adopted by the board, contract with private 02 professional organizations to establish an impaired medical professionals program to 03 identify, confront, evaluate, and treat persons licensed under this chapter who abuse 04 alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 05 (6) adopt regulations that establish guidelines for a physician who is 06 rendering a diagnosis, providing treatment, or prescribing, dispensing, or 07 administering a prescription drug to a person without conducting a physical 08 examination under AS 08.64.364; the guidelines must include a nationally recognized 09 model policy for standards of care of a patient who is at a different location than the 10 physician; 11 (7) require that a licensee who has a federal Drug Enforcement 12 Administration registration number register with the controlled substance prescription 13 database under AS 17.30.200(o); 14 (8) adopt regulations requiring a licensee to advise patients, using 15 oral and written information, before prescribing an opioid, of the potential 16 dangers of opioid addiction, and alternatives to the opioid prescription the 17 provider considers reasonable; the board may determine which classes of 18 patients may be reasonably exempted from the information requirement and 19 may allow an exemption from the requirement for violations the board considers 20 to be unintentional, periodic accidental violations, and for good cause, including 21 when a licensee needs to attend to the perceived immediate health care of another 22 patient. 23 * Sec. 4. AS 08.68.100(a) is amended to read: 24 (a) The board shall 25 (1) adopt regulations necessary to implement this chapter, including 26 regulations 27 (A) pertaining to practice as an advanced practice registered 28 nurse, including requirements for an advanced practice registered nurse to 29 practice as a certified registered nurse anesthetist, certified clinical nurse 30 specialist, certified nurse practitioner, or certified nurse midwife; 31 (B) necessary to implement AS 08.68.331 - 08.68.336 relating
01 to certified nurse aides in order to protect the health, safety, and welfare of 02 clients served by nurse aides; 03 (C) pertaining to retired nurse status; and 04 (D) establishing criteria for approval of practical nurse 05 education programs that are not accredited by a national nursing accrediting 06 body; 07 (2) approve curricula and adopt standards for basic education programs 08 that prepare persons for licensing under AS 08.68.190; 09 (3) provide for surveys of the basic nursing education programs in the 10 state at the times it considers necessary; 11 (4) approve education programs that meet the requirements of this 12 chapter and of the board, and deny, revoke, or suspend approval of education 13 programs for failure to meet the requirements; 14 (5) examine, license, and renew the licenses of qualified applicants; 15 (6) prescribe requirements for competence before a former registered, 16 advanced practice registered, or licensed practical nurse may resume the practice of 17 nursing under this chapter; 18 (7) define by regulation the qualifications and duties of the executive 19 administrator and delegate authority to the executive administrator that is necessary to 20 conduct board business; 21 (8) develop reasonable and uniform standards for nursing practice; 22 (9) publish advisory opinions regarding whether nursing practice 23 procedures or policies comply with acceptable standards of nursing practice as defined 24 under this chapter; 25 (10) require applicants under this chapter to submit fingerprints and the 26 fees required by the Department of Public Safety under AS 12.62.160 for criminal 27 justice information and a national criminal history record check; the department shall 28 submit the fingerprints and fees to the Department of Public Safety for a report of 29 criminal justice information under AS 12.62 and a national criminal history record 30 check under AS 12.62.400; 31 (11) require that a licensed advanced nurse practitioner who has a
01 federal Drug Enforcement Administration registration number register with the 02 controlled substance prescription database under AS 17.30.200(o); 03 (12) adopt regulations requiring a licensee to advise patients, using 04 oral and written information, before prescribing an opioid, of the potential 05 dangers of opioid addiction, and alternatives to the opioid prescription the 06 provider considers reasonable; the board may determine which classes of 07 patients may be exempted from the information requirement and may allow an 08 exemption from the requirement for violations the board considers to be 09 unintentional, periodic accidental violations, and for good cause, including when 10 a licensee needs to attend to the perceived immediate health care of another 11 patient. 12 * Sec. 5. AS 08.72.050 is amended to read: 13 Sec. 08.72.050. Regulations. The board shall adopt regulations 14 (1) necessary for the proper performances of its duties; 15 (2) governing the applicants and applications for licensing; 16 (3) for the licensing of optometrists; 17 (4) necessary to govern the practice of optometry, including the 18 prescription and use of pharmaceutical agents for the treatment of eye disease; 19 (5) prescribing requirements that a person licensed under this chapter 20 must meet to demonstrate continued professional competency; 21 (6) developing uniform standards for the practice of optometry; 22 (7) requiring a licensee to advise patients, using oral and written 23 information, before prescribing an opioid, of the potential dangers of opioid 24 addiction and alternatives to the opioid prescription the provider considers 25 reasonable; the board may determine which classes of patients may be exempted 26 from the information requirement and may allow an exemption from the 27 requirement for violations the board considers to be unintentional, periodic 28 accidental violations, and for good cause, including when a licensee needs to 29 attend to the perceived immediate health care of another patient. 30 * Sec. 6. AS 47.37.040 is amended by adding a new paragraph to read: 31 (24) post on the department's Internet website, and provide access to a
01 printable version of, a written statement, which may include graphics, that provides 02 easily understandable information on opioids, including the potentially addictive and 03 harmful qualities of opioids. 04 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION: REGULATIONS. (a) The Department of Health and Social Services 07 may adopt regulations necessary to implement the changes made by sec. 6 of this Act. The 08 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 09 effective date of sec. 6 of this Act. 10 (b) The Board of Dental Examiners, the State Medical Board, the Board of Nursing, 11 and the Board of Examiners in Optometry may adopt regulations necessary to implement the 12 changes made by secs. 2 - 5 of this Act. The regulations take effect under AS 44.62 13 (Administrative Procedure Act), but not before the effective date of secs. 2 - 5 of this Act. 14 (c) The Board of Dental Examiners, the State Medical Board, the Board of Nursing, 15 and the Board of Examiners in Optometry shall implement regulations required by secs. 2 - 5 16 of this Act on or before October 1, 2019. 17 * Sec. 8. Sections 7(a) and (b) of this Act take effect immediately under AS 01.10.070(c).