2008-06-10                     Senate Journal                      Page 3043
SB 196                                                                                                                        
Message dated June 9 and received June 10 was read, stating:                                                                    
                                                                                                                                
Dear President Green:                                                                                                           
                                                                                                                                
Under the authority of art. II, sec. 17, of the Alaska Constitution, I                                                          
have allowed the following bill to become law without signature:                                                                
                                                                                                                                
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                                                   
          196(FIN) am H "An Act relating to establishing a                                                                      
          controlled substance prescription database."                                                                          
                                                                                                                                
                            [Chapter 84, SLA 2008                                                                              
                           Effective Date: 9/7/08]                                                                             

2008-06-10                     Senate Journal                      Page 3044
This bill would establish a statewide controlled substance prescription                                                         
database administered by the Board of Pharmacy. A major goal of the                                                             
bill is laudable - curbing prescription drug abuse through a proactive                                                          
approach of reviewing a patient's prescription history before                                                                   
dispensing certain controlled substances. Nevertheless, I question                                                              
whether a statewide electronic database for this sensitive personal                                                             
information is the most appropriate means to achieve this end.                                                                  
                                                                                                                                
The Constitution of the State of Alaska strongly protects Alaskans'                                                             
privacy rights. Nothing could be more private and deserving of the                                                              
highest protection than a citizen's medical records for prescription                                                            
drugs lawfully prescribed to that citizen. While the bill does much to                                                          
protect the information in the database, and to punish persons who                                                              
wrongfully access it, no system is perfect. I understand that the                                                               
database is designed for electronic records, so licensed practitioners                                                          
can have ready access to the information. While electronic records are                                                          
convenient, they have their own risk from unauthorized intrusions and                                                           
use.                                                                                                                            
                                                                                                                                
Also, some Alaskans may hesitate to consult a health professional                                                               
about a personal medical problem if personal information about the                                                              
drugs prescribed to that person appears in a database accessible                                                                
throughout the state. In testimony before the legislature, some medical                                                         
professionals expressed their concern that their patients may avoid or                                                          
delay obtaining necessary care because of this perceived intrusion                                                              
upon their privacy.                                                                                                             
                                                                                                                                
I am allowing this bill to become law without signature because                                                                 
prescription drug abuse is a serious problem in Alaska. Also, the bill                                                          
contains strong performance measures to evaluate the database                                                                   
through annual reports to the legislature. I ask legislators and state                                                          
agencies involved in the implementation of the database to closely                                                              
monitor its progress, to be sure that its safeguards are successful and                                                         
the intended benefits are achieved.                                                                                             
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sarah Palin                                                                                                                     
Governor