Legislature(2015 - 2016)
2016-04-15 House Journal
Full Journal pdf2016-04-15 House Journal Page 2361 SB 74 The following, which was advanced to third reading from the April 14, 2016, calendar (page 2338), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 74(FIN) am H "An Act relating to diagnosis, treatment, and prescription of drugs without a physical examination by a physician; relating to the delivery of services by a licensed audiologist, speech-language pathologist, professional counselor, marriage and family therapist, psychologist, psychological associate, social worker, physical therapist, occupational therapist, and registered speech-language pathologist assistant by audio, video, or data communications; relating to the duties of the State Medical Board; relating to limitations of actions; establishing the Alaska Medical Assistance False Claim and Reporting Act; relating to medical assistance programs administered by the Department of Health and Social Services; relating to the controlled substance prescription database; relating to the duties of the Board of Pharmacy; relating to the duties of the Board of Dental Examiners; relating to the duties of the Board of Nursing; relating to the duties of the Board of Examiners in Optometry; relating to the duties of the Department of Commerce, Community, and Economic Development; relating to the duties of the Department of Corrections; relating to accounting for program receipts; relating to public record status of records related to the Alaska Medical Assistance False Claim and Reporting Act; establishing a telemedicine business registry; relating to verification of eligibility for public assistance programs administered by the Department of Health and Social Services; relating to annual audits of state medical assistance providers; relating to reporting overpayments of medical assistance payments; establishing authority to assess 2016-04-15 House Journal Page 2362 civil penalties for violations of medical assistance program requirements; relating to the duties of the Department of Health and Social Services; establishing medical assistance demonstration projects; relating to Alaska Pioneers' Homes and Alaska Veterans' Homes; relating to the duties of the Department of Administration; relating to the Alaska Mental Health Trust Authority; relating to feasibility studies for the provision of specified state services; relating to a report by the Board of Pharmacy, Board of Examiners in Optometry, Board of Dental Examiners, Board of Nursing, and State Medical Board; amending Rules 4, 5, 7, 12, 24, 26, 27, 41, 77, 79, and 82, Alaska Rules of Civil Procedure; and providing for an effective date." Representative Ortiz moved and asked unanimous consent that HCS CSSB 74(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. The Speaker stated that, without objection, HCS CSSB 74(FIN) am H would be returned to second reading for all amendments. Amendment No. 3 was not offered. Amendment No. 4 was not offered. Amendment No. 5 was offered by Representatives Munoz, Ortiz, and Saddler: Page 23, line 3: Delete "[AND]" Insert "and" Page 23, lines 5 - 8: Delete "; and (9) if a prescription is dispensed to a person other than the patient for whom the prescription was written, the name and date of birth of the person to whom the prescription was dispensed" 2016-04-15 House Journal Page 2363 Page 23, line 30: Delete "and" Insert "and" Page 24, lines 1 - 5: Delete "[; AND (9) IF A PRESCRIPTION IS DISPENSED TO A PERSON OTHER THAN THE PATIENT FOR WHOM THE PRESCRIPTION WAS WRITTEN, THE NAME AND DATE OF BIRTH OF THE PERSON TO WHOM THE PRESCRIPTION WAS DISPENSED]" Representative Munoz moved and asked unanimous consent that Amendment No. 5 be adopted. There was objection. **The presence of Representatives Neuman and Gara, who were excused (page 2357), was noted. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 74(FIN) am H Second Reading Amendment No. 5 YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Chenault, Claman, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Tilton, Tuck, Vazquez, Wilson, Wool Excused: Hawker, Thompson Absent: Colver And so, Amendment No. 5 was adopted. Amendment No. 6 was offered by Representatives Vazquez and Reinbold: 2016-04-15 House Journal Page 2364 Page 21, lines 27 - 28: Delete "a schedule [IA, IIA, IIIA, IVA, OR VA CONTROLLED SUBSTANCE UNDER STATE LAW OR A SCHEDULE I,] II, III, or IV [, or V] controlled substance under federal law" Insert "an opiate for a duration of five or more days [A SCHEDULE IA, IIA, IIIA, IVA, OR VA CONTROLLED SUBSTANCE UNDER STATE LAW OR A SCHEDULE I, II, III, IV, OR V CONTROLLED SUBSTANCE UNDER FEDERAL LAW]" Page 22, lines 6 - 7: Delete "a schedule II, III, or IV controlled substance under federal law" Insert "an opiate for a duration of five or more days" Page 22, lines 13 - 14: Delete "schedule [IA, IIA, IIIA, IVA, OR VA CONTROLLED SUBSTANCE UNDER STATE LAW OR A SCHEDULE I,] II, III, or IV [, or V] controlled substance under federal law" Insert "opiate prescribed for a duration of five or more days [SCHEDULE IA, IIA, IIIA, IVA, OR VA CONTROLLED SUBSTANCE UNDER STATE LAW OR A SCHEDULE I, II, III, IV, OR V CONTROLLED SUBSTANCE UNDER FEDERAL LAW]" Page 22, lines 16 - 18: Delete "a schedule [IA, IIA, IIIA, IVA, OR VA CONTROLLED SUBSTANCE UNDER STATE LAW OR A SCHEDULE I,] II, III, or IV [, or V] controlled substance under federal law" Insert "an opiate prescribed for a duration of five or more days [A SCHEDULE IA, IIA, IIIA, IVA, OR VA CONTROLLED SUBSTANCE UNDER STATE LAW OR A SCHEDULE I, II, III, IV, OR V CONTROLLED SUBSTANCE UNDER FEDERAL LAW]" Page 23, line 11: Delete "schedule II, III, or IV controlled substance under federal law" Insert "opiate prescribed for a duration of five or more days" 2016-04-15 House Journal Page 2365 Page 23, lines 13 - 14: Delete "a schedule II, III, or IV controlled substance under federal law" Insert "an opiate prescribed for a duration of five or more days" Page 31, following line 20: Insert a new bill section to read: "* Sec. 34. AS 17.30.200(n) is amended by adding a new paragraph to read: (5) "opiate" has the meaning given in AS 11.71.900." Renumber the following bill sections accordingly. Page 48, line 27: Delete "sec. 51" Insert "sec. 52" Page 49, line 4: Delete "sec. 51" Insert "sec. 52" Page 49, line 13: Delete "sec. 51" Insert "sec. 52" Page 49, line 18: Delete "sec. 51" Insert "sec. 52" Page 49, line 23: Delete "sec. 51" Insert "sec. 52" Page 49, line 26: Delete "sec. 51" Insert "sec. 52" Page 53, line 11: Delete "sec. 43" Insert "sec. 44" 2016-04-15 House Journal Page 2366 Page 53, line 12: Delete "sec. 46" Insert "sec. 47" Page 53, line 30, following "Act,": Insert "AS 17.30.200(n), as amended by sec. 34 of this Act" Delete "sec. 34" Insert "sec. 35" Page 54, line 1: Delete "or 34" Insert "34, or 35" Page 54, line 8: Delete "sec. 43" Insert "sec. 44" Page 54, line 10: Delete "sec. 59" Insert "sec. 60" Page 54, line 13: Delete "sec. 43" Insert "sec. 44" Page 54, line 14: Delete "sec. 59" Insert "sec. 60" Page 54, line 17: Delete "sec. 43" Insert "sec. 44" Page 54, line 18: Delete "sec. 59" Insert "sec. 60" Page 54, line 22: Delete "sec. 46" Insert "sec. 47" 2016-04-15 House Journal Page 2367 Page 54, line 23: Delete "sec. 59" Insert "sec. 60" Page 54, line 29: Delete "sec. 51" Insert "sec. 52" Delete "sec. 54" Insert "sec. 55" Page 55, line 1: Delete "Section 53" Insert "Section 54" Page 55, line 4: Delete "sec. 43" Insert "sec. 44" Page 55, line 6: Delete "secs. 59 and 61(a)" Insert "secs. 60 and 62(a)" Page 55, line 7: Delete "sec. 43" Insert "sec. 44" Page 55, line 9: Delete "secs. 59 and 61(b)" Insert "secs. 60 and 62(b)" Page 55, line 10: Delete "sec. 43" Insert "sec. 44" Page 55, line 12: Delete "secs. 59 and 61(c)" Insert "secs. 60 and 62(c)" Page 55, line 13: Delete "sec. 46" Insert "sec. 47" 2016-04-15 House Journal Page 2368 Page 55, line 15: Delete "secs. 59 and 61(d)" Insert "secs. 60 and 62(d)" Page 55, line 16: Delete "sec. 53" Insert "sec. 54" Page 55, line 18: Delete "sec. 61(f)" Insert "sec. 62(f)" Page 55, line 19: Delete "Sections 57 and 59 - 61" Insert "Sections 58 and 60 - 62" Page 55, line 21: Delete "sec. 47" Insert "sec. 48" Page 55, line 22: Delete "sec. 34" Insert "sec. 35" Page 55, line 23: Delete "and 33" Insert "33, and 34" Page 55, line 24: Delete "sec. 34" Insert "sec. 35" Representative Vazquez moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Munoz objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 2016-04-15 House Journal Page 2369 HCS CSSB 74(FIN) am H Second Reading Amendment No. 6 YEAS: 8 NAYS: 29 EXCUSED: 2 ABSENT: 1 Yeas: Chenault, LeDoux, Neuman, Reinbold, Tuck, Vazquez, Wilson, Wool Nays: Claman, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, Lynn, Millett, Munoz, Nageak, Olson, Ortiz, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Tilton Excused: Hawker, Thompson Absent: Colver And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representatives Vazquez and Reinbold: Page 41, lines 4 - 9: Delete all material. Renumber the following paragraphs accordingly. Representative Vazquez moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Seaton objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 74(FIN) am H Second Reading Amendment No. 7 YEAS: 15 NAYS: 23 EXCUSED: 2 ABSENT: 0 Yeas: Chenault, Gattis, Herron, Hughes, Johnson, Keller, Lynn, Millett, Neuman, Olson, Pruitt, Reinbold, Tilton, Vazquez, Wilson 2016-04-15 House Journal Page 2370 Nays: Claman, Colver, Drummond, Edgmon, Foster, Gara, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Munoz, Nageak, Ortiz, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Tuck, Wool Excused: Hawker, Thompson Gattis changed from "Nay" to "Yea". Lynn changed from "Nay" to "Yea". Tilton changed from "Nay" to "Yea". Olson changed from "Nay" to "Yea". And so, Amendment No. 7 was not adopted. Amendment No. 4 was offered by Representatives Wilson, LeDoux, and Reinbold: Page 1, lines 9 - 12 (title amendment): Delete "relating to the controlled substance prescription database; relating to the duties of the Board of Pharmacy; relating to the duties of the Board of Dental Examiners; relating to the duties of the Board of Nursing; relating to the duties of the Board of Examiners in Optometry; " Page 4, line 25, through page 5, line 20: Delete all material. Renumber the following bill sections accordingly. Page 6, lines 25 - 28: Delete "; (7) require that a licensee who has a federal Drug Enforcement Administration registration number register with the controlled substance prescription database under AS 17.30.200(o)" Page 7, line 31, through page 10, line 20: Delete all material. Renumber the following bill sections accordingly. 2016-04-15 House Journal Page 2371 Page 21, line 5: Delete "sec. 18" Insert "sec. 14" Page 21, line 15: Delete "sec. 18" Insert "sec. 14" Page 21, line 24, through page 32, line 16: Delete all material. Renumber the following bill sections accordingly. Page 48, lines 15 - 17: Delete all material. Renumber the following bill sections accordingly. Page 48, line 21: Delete "sec. 18" Insert "sec. 14" Page 48, line 27: Delete "sec. 18" Insert "sec. 14" Delete "sec. 51" Insert "sec. 33" Page 48, line 29: Delete "sec. 18" Insert "sec. 14" Page 49, line 4: Delete "sec. 18" Insert "sec. 14" Delete "sec. 51" Insert "sec. 33" Page 49, line 6: Delete "sec. 18" Insert "sec. 14" 2016-04-15 House Journal Page 2372 Delete "sec. 19" Insert "sec. 15" Page 49, line 9: Delete "sec. 18" Insert "sec. 14" Page 49, line 10: Delete "sec. 18" Insert "sec. 14" Page 49, line 11: Delete "sec. 18" Insert "sec. 14" Page 49, line 12: Delete "sec. 18" Insert "sec. 14" Page 49, line 13: Delete "sec. 18" Insert "sec. 14" Delete "sec. 51" Insert "sec. 33" Page 49, line 15: Delete "sec. 18" Insert "sec. 14" Page 49, line 18: Delete "sec. 18" Insert "sec. 14" Delete "sec. 51" Insert "sec. 33" Page 49, line 23: Delete "sec. 18" Insert "sec. 14" Delete "sec. 51" Insert "sec. 33" 2016-04-15 House Journal Page 2373 Page 49, line 25: Delete "sec. 18" Insert "sec. 14" Page 49, line 26: Delete "sec. 18" Insert "sec. 14" Delete "sec. 51" Insert "sec. 33" Page 53, line 11: Delete "sec. 43" Insert "sec. 25" Page 53, line 12: Delete "sec. 46" Insert "sec. 28" Page 53, line 16: Delete "(a)" Page 53, line 20, through page 54, line 5: Delete all material. Page 54, line 8: Delete "sec. 43" Insert "sec. 25" Page 54, line 10: Delete "sec. 59" Insert "sec. 40" Page 54, line 13: Delete "sec. 43" Insert "sec. 25" Page 54, line 14: Delete "sec. 59" Insert "sec. 40" 2016-04-15 House Journal Page 2374 Page 54, line 17: Delete "sec. 43" Insert "sec. 25" Page 54, line 18: Delete "sec. 59" Insert "sec. 40" Page 54, line 22: Delete "sec. 46" Insert "sec. 28" Page 54, line 23: Delete "sec. 59" Insert "sec. 40" Page 54, line 26: Delete "sec. 18" in both places Insert "sec. 14" in both places Page 54, line 27: Delete "sec. 18" in both places Insert "sec. 14" in both places Page 54, line 28: Delete "sec. 19" Insert "sec. 15" Page 54, line 29: Delete "sec. 51" Insert "sec. 33" Delete "sec. 54" Insert "sec. 35" Page 55, line 1: Delete "Section 53" Insert "Section 34" Page 55, line 4: Delete "sec. 43" Insert "sec. 25" 2016-04-15 House Journal Page 2375 Page 55, line 6: Delete "secs. 59 and 61(a)" Insert "secs. 40 and 42(a)" Page 55, line 7: Delete "sec. 43" Insert "sec. 25" Page 55, line 9: Delete "secs. 59 and 61(b)" Insert "secs. 40 and 42(b)" Page 55, line 10: Delete "sec. 43" Insert "sec. 25" Page 55, line 12: Delete "secs. 59 and 61(c)" Insert "secs. 40 and 42(c)" Page 55, line 13: Delete "sec. 46" Insert "sec. 28" Page 55, line 15: Delete "secs. 59 and 61(d)" Insert "secs. 40 and 42(d)" Page 55, line 16: Delete "sec. 53" Insert "sec. 34" Page 55, line 18: Delete "sec. 61(f)" Insert "sec. 42(f)" Page 55, line 19: Delete "Sections 57 and 59 - 61" Insert "Sections 38 and 40 - 42" 2016-04-15 House Journal Page 2376 Page 55, line 21: Delete "sec. 47" Insert "sec. 29" Page 55, lines 22 - 25: Delete all material. Renumber the following bill sections accordingly. Page 55, line 26: Delete "Sections 19 and 20" Insert "Sections 15 and 16" Page 55, line 27: Delete all material. Representative Wilson moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Saddler objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 74(FIN) am H Second Reading Amendment No. 4 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Chenault, Colver, Hughes, Johnson, Kawasaki, Keller, LeDoux, Neuman, Reinbold, Tilton, Vazquez, Wilson Nays: Claman, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Herron, Josephson, Kito, Kreiss-Tomkins, Lynn, Millett, Munoz, Nageak, Olson, Ortiz, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Tuck, Wool Excused: Hawker, Thompson And so, Amendment No. 4 was not adopted. HCS CSSB 74(FIN) am H was automatically in third reading. 2016-04-15 House Journal Page 2377 **The presence of Representative Thompson, who was excused (page 2357), was noted. The question being: "Shall HCS CSSB 74(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 74(FIN) am H Third Reading Final Passage YEAS: 33 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Herron, Hughes, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, Lynn, Millett, Munoz, Nageak, Olson, Ortiz, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Wool Nays: Johnson, LeDoux, Neuman, Reinbold, Vazquez, Wilson Excused: Hawker And so, HCS CSSB 74(FIN) am H passed the House. Representative Millett moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. Representative Millett moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 74(FIN) am H was referred to the Chief Clerk for engrossment.