03/20/2023 03:15 PM House LABOR & COMMERCE

          HB 56-CONTROLLED SUB. DATA: EXEMPT ANIMAL RX                                                                      
                                                                                                                                
3:17:24 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE  announced that the first  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."                                                                                                         
                                                                                                                                
3:17:47 PM                                                                                                                    
                                                                                                                                
BUD SEXTON, Staff, Representative  Justin Ruffridge, Alaska State                                                               
Legislature,  on   behalf  of  Representative   Ruffridge,  prime                                                               
sponsor,  introduced  HB  56.     He  stated  that  the  proposed                                                               
legislation would  exempt veterinarians from the  requirements to                                                               
report on the [Prescription Drug  Monitoring Program (PDMP)].  He                                                               
referenced the concern that when an  individual brings a pet to a                                                               
veterinary clinic,  the pet owner's personal  medical information                                                               
is under review.                                                                                                                
                                                                                                                                
MR. SEXTON gave  the sectional analysis for HB  56 [copy included                                                               
in  the  committee  packet],  which  read  as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Section 1.  AS 17.30.200(o)  is amended to  remove "and                                                                  
     the   Board   of   Veterinary   Examiners"   from   the                                                                    
     notification requirement when  a practitioner registers                                                                    
     with the database under (n) of this section.                                                                               
                                                                                                                                
     Sec.  2.  AS  17.30.200  is amended  by  adding  a  new                                                                  
     subsection to  read: This section  does not apply  to a                                                                    
     schedule   II,   III,   or  IV   controlled   substance                                                                    
     prescribed  or  dispensed  by a  veterinarian  licensed                                                                    
     under AS 08.98 to treat an animal.                                                                                         
                                                                                                                                
     Sec. 3.  AS 08.98.050(a)(10) is repealed  which removes                                                                  
     the requirement for  Veterinarians under the controlled                                                                    
     substance prescription database.                                                                                           
                                                                                                                                
3:20:21 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:20 p.m. to 3:21 p.m.                                                                       
                                                                                                                                
3:21:46 PM                                                                                                                    
                                                                                                                                
TRACY WARD, DVM, Past President,  Alaska State Veterinary Medical                                                               
Association (AKVMA), provided invited testimony  on HB 56 and co-                                                               
offered a PowerPoint presentation, titled  "Why It Makes Sense to                                                               
Exempt  Veterinarians."   She  stated  that  both AKVMA  and  the                                                               
Alaska Board  of Veterinary  Examiners (BOVE)  "strongly" support                                                               
HB 56, which would exempt  veterinarians from the requirements of                                                               
PDMP.   She  continued that  the  Alaska Board  of Pharmacy  also                                                               
supports  the proposed  legislation.   On slide  4, she  gave the                                                               
background on PDMP in Alaska.                                                                                                   
                                                                                                                                
3:23:38 PM                                                                                                                    
                                                                                                                                
DR. WARD  moved to slide  5 and  stated that PDMP  is ineffective                                                               
for veterinarians because  it was established for  use with human                                                               
medication,  not  animal  medication.   She  continued  that  the                                                               
current system is not useful for  the data because the PDMP query                                                               
is  made  on  the  individual   who  brings  the  animal  to  the                                                               
veterinarian, and it  is the human's data that is  obtained.  She                                                               
explained that this  is not useful because  veterinarians are not                                                               
trained  in human  pharmacology.   She continued  to slide  6 and                                                               
reviewed  the  human  privacy  issue,  as  the  Health  Insurance                                                               
Portability  and  Accountability  Act   (HIPAA)  does  not  cover                                                               
veterinarians; therefore, veterinarians are  not required to keep                                                               
the  information obtained  private.   She pointed  out a  list of                                                               
medications  this may  concern.    She moved  to  slide 7,  which                                                               
addressed  accountability   for  veterinarians   with  controlled                                                               
substances,  and she  referenced that  both the  Drug Enforcement                                                               
Agency  (DEA)  and  the  distributors  of  controlled  substances                                                               
monitor patterns of drug prescriptions by veterinarians.                                                                        
                                                                                                                                
3:27:31 PM                                                                                                                    
                                                                                                                                
RACHEL  BERNGARTT, DVM,  Chair,  Board  of Veterinary  Examiners,                                                               
provided invited testimony  on HB 56 and  co-offered a PowerPoint                                                               
presentation,   titled   "Why   It    Makes   Sense   to   Exempt                                                               
Veterinarians."   On  slide  8,  she pointed  out  that 33  other                                                               
states have removed the requirement  that veterinarians report on                                                               
PDMP, and  she advised that  there is wide spread  acceptance for                                                               
this  exemption.   She  stated that  PDMP is  a  "good tool"  for                                                               
"doctor shopping;"  however, there has been  no reported increase                                                               
in this behavior concerning veterinarians.   She moved to slide 9                                                               
and pointed  out the difference  between the  drugs veterinarians                                                               
prescribe and  the drugs related  to overdose deaths.   She moved                                                               
to slide 10,  pointing out the licensing burden  that PDMP causes                                                               
BOVE and the licensees.                                                                                                         
                                                                                                                                
3:32:06 PM                                                                                                                    
                                                                                                                                
DR. BERNGARTT,  moving to  slide 11, stated  that Alaska  has the                                                               
highest licensing  fees for  veterinarians in  the country.   She                                                               
advised that  nationwide there is  a veterinarian shortage.   She                                                               
suggested  that these  high fees  will  deter veterinarians  from                                                               
moving to Alaska.   Concluding on slide 12, she  pointed out that                                                               
AKVMA and Bove support HB  56 because it will allow veterinarians                                                               
to  provide  appropriate  care for  each  patient;  increase  the                                                               
efficiency  of PDMP  for its  intended  purpose; allow  continued                                                               
judicious   use   of   controlled   substances;   and   eliminate                                                               
unnecessary   and    disproportionate   business    burdens   for                                                               
veterinarians.                                                                                                                  
                                                                                                                                
3:34:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER questioned  what medications veterinarians                                                               
prescribe if opioids and these  types of drugs are not prescribed                                                               
by veterinarians.                                                                                                               
                                                                                                                                
DR.  BERNGARTT   responded  that   one  of  the   primary  opioid                                                               
medications  prescribed is  a small  amount of  hydrocodone in  a                                                               
flavored-type dog treat  for small dogs with a cough.   She added                                                               
that  these treats  are expensive.   In  response to  a follow-up                                                               
question, she  confirmed that some drugs  veterinarians prescribe                                                               
can  be used  by humans;  however, she  argued that  these drugs,                                                               
such  as antibiotics,  are not  controlled substances  related to                                                               
PDMP.                                                                                                                           
                                                                                                                                
3:37:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:37 p.m. to 3:38 p.m.                                                                       
                                                                                                                                
[During the  at-ease, Vice  Chair Ruffridge  passed the  gavel to                                                               
Representative Wright.]                                                                                                         
                                                                                                                                
3:38:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE,  as  prime  sponsor,  offered  closing                                                               
comments on HB  56.  He stated that the  proposed legislation has                                                               
been  before  the legislature  for  a  number  of years,  and  he                                                               
suggested  that  it be  passed.    He  offered  that PDMP  is  an                                                               
important  program;  however,  veterinarians should  be  able  to                                                               
continue  to  do their  work  while  keeping patient  information                                                               
private.                                                                                                                        
                                                                                                                                
3:39:38 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:39 p.m. to 3:40 p.m.                                                                       
                                                                                                                                
[Representative  Wright  passed  the  gavel back  to  Vice  Chair                                                               
Ruffridge.]                                                                                                                     
                                                                                                                                
3:40:06 PM                                                                                                                    
                                                                                                                                
VICE CHAIR RUFFRIDGE announced that HB 56 was held over.