03/11/2023 03:00 PM House HEALTH & SOCIAL SERVICES

         HB  56-CONTROLLED SUB. DATA: EXEMPT ANIMAL RX                                                                      
                                                                                                                                
3:53:57 PM                                                                                                                    
                                                                                                                                
CHAIR PRAX  announced that  the next order  of business  would be                                                               
HOUSE  BILL  NO.  56, "An  Act  exempting  controlled  substances                                                               
prescribed  or dispensed  by a  veterinarian to  treat an  animal                                                               
from the  requirements of  the controlled  substance prescription                                                               
database."                                                                                                                      
                                                                                                                                
3:54:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE, as  prime sponsor, spoke to HB  56.  He                                                               
stated that  the proposed legislation would  exempt veterinarians                                                               
from  the  Prescription  Drug  Monitoring  Program  (PDMP).    He                                                               
reasoned  that  veterinarians  who participate  in  this  program                                                               
cause privacy concerns.   He explained that  veterinarians do not                                                               
deal with  human medicine  and are not  trained under  the Health                                                               
Insurance Portability  and Accountability  Act (HIPAA).   He also                                                               
pointed  out  that veterinarians  should  be  exempt because  the                                                               
program  is  cumbersome to  use,  and  they rarely  dispense  the                                                               
controlled substances  the program  was created  to control.   He                                                               
pointed  out  that even  though  they  are not  dispensing  these                                                               
drugs,  veterinarians  are  required  to report  to  the  program                                                               
daily.                                                                                                                          
                                                                                                                                
3:56:22 PM                                                                                                                    
                                                                                                                                
[Public testimony on HB 56 was opened.]                                                                                         
                                                                                                                                
3:57:05 PM                                                                                                                    
                                                                                                                                
KRYSTAL  TODD, Veterinarian  Technician, North  Pole Veterinarian                                                               
Hospital, provided testimony in support  of HB 56.  She explained                                                               
that many  requirements for PDMP  do not work  for veterinarians,                                                               
such as the daily reporting.   She described the busy schedule at                                                               
the hospital and stated that  as a lead surgery technician, after                                                               
10 surgeries  a day, she  has to  do this reporting,  which "does                                                               
not help  the human  side of  the PDMP."   She argued  that often                                                               
there is no way to know  the association of the human who brought                                                               
the pet to the hospital.   She expressed the opinion that it does                                                               
not  make  sense  to  track   [human]  personal  information  for                                                               
[animal] patients being treated.                                                                                                
                                                                                                                                
3:59:07 PM                                                                                                                    
                                                                                                                                
MERCEDES  PINTO, DVM,  representing self,  provided testimony  in                                                               
support of HB 56.  As  a shelter veterinarian, she stated that it                                                               
is "impossible ...  to meet requirements" of PDMP.   She gave the                                                               
example of a dog dropped off  in a kennel during the night, along                                                               
with three  pills left in a  bottle and a note  advising that the                                                               
dog has seizures, and it is  not wanted back.  She explained that                                                               
a refill  would be needed,  but there is  no paperwork, so  it is                                                               
impossible for the veterinarian to  find the information on PDMP.                                                               
In another example, she stated  that she provides medical support                                                               
during sled dog  races.  In the  case where she has  a patient on                                                               
the scene who  needs a controlled drug, she would  most likely be                                                               
off  the grid  and could  not look  up the  required information.                                                               
She  continued that  often the  owner of  the dog  is not  there;                                                               
therefore, she does  not know the individual to track  on PDMP to                                                               
access the medication.                                                                                                          
                                                                                                                                
4:02:23 PM                                                                                                                    
                                                                                                                                
KATRINA BACKUS,  DVM, Medical  Director, North  Pole Veterinarian                                                               
Hospital, provided testimony in support of  HB 56.  She said that                                                               
most states  have determined that  veterinarians are  exempt from                                                               
the PDMP  because "there really isn't  a way for us  to query the                                                               
people associated  with pets with  these drugs."  She  noted that                                                               
veterinarians  do not  prescribe  the types  of  drugs abused  by                                                               
humans.   She stated  that she  has no  business inquiring  as to                                                               
what medications her clients use  and why, as the medications she                                                               
prescribes are for the pet.                                                                                                     
                                                                                                                                
4:05:00 PM                                                                                                                    
                                                                                                                                
GABRIEL  SASSOON, representing  self, provided  invited testimony                                                               
in support  of HB 56.   He shared that he  is the owner of  a law                                                               
firm in Southeast  Alaska, and during his time in  law school, he                                                               
was  diagnosed with  an ocular  condition that  renders a  person                                                               
blind within  two years.  He  said that his treatment  leaves him                                                               
with chronic pain that is managed  by a physician through a "pain                                                               
contract."    He  argued  that  his  pet's  treatment  with  pain                                                               
medication could  be delayed because  of his own  pain treatment.                                                               
He expressed  difficulty understanding this, especially  when the                                                               
veterinarian is not  monitoring his care.  He  suggested that the                                                               
goals  of PDMP  are not  executed efficiently  in the  context of                                                               
what the  program currently  obligates veterinarians  to do.   He                                                               
asked that veterinarians not be subject to PDMP.                                                                                
                                                                                                                                
4:09:04 PM                                                                                                                    
                                                                                                                                
CHAIR PRAX,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony on HB 56.                                                                            
                                                                                                                                
4:09:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked how often there  are investigations                                                               
of veterinarians related to PDMP issues.                                                                                        
                                                                                                                                
SYLVAN  ROBB, Director,  Division of  Corporations, Business  and                                                               
Professional  Licensing, Department  of Commerce,  Community, and                                                               
Economic Development  answered that she  does not have  the exact                                                               
number but  offered to  follow up regarding  the frequency.   She                                                               
shared that there  are fewer than 15 investigations  but said she                                                               
does not know how many are related to PDMP.                                                                                     
                                                                                                                                
4:11:34 PM                                                                                                                    
                                                                                                                                
RACHEL BERNGARTT,  DVM, Board  of Veterinary  Examiners, Division                                                               
of   Corporations,   Business,    and   Professional   Licensing,                                                               
Department of  Commerce, Community and Economic  Development said                                                               
the  amount  of PDMP  investigations  have  been variable.    She                                                               
explained that starting in about  2018 there was a large increase                                                               
in  investigations, but  it was  determined that  these were  not                                                               
because   of  veterinary   impropriety.      She  expressed   the                                                               
understanding that some investigation  reports have been created,                                                               
despite  the veterinarian  doing nothing  wrong.   She said  such                                                               
investigations   have  declined   because  of   filtering  system                                                               
improvements.   She  stated  that  as of  February  there are  no                                                               
pending investigations into veterinary drug misuse.                                                                             
                                                                                                                                
4:13:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MINA  commented  that she  appreciates  the  work                                                               
veterinarians and others have done related to HB 56.                                                                            
                                                                                                                                
4:14:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SUMNER moved  to report  HB 56  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There  being no objection, HB 56 was  reported out of the                                                               
House Health and Social Services Standing Committee.