Legislature(2013 - 2014)BARNES 124
03/26/2014 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB316 | |
| HB370 | |
| HB281 | |
| HB336 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 370 | TELECONFERENCED | |
| += | HB 281 | TELECONFERENCED | |
| *+ | HB 336 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 316 | TELECONFERENCED | |
HB 370-AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS
3:50:46 PM
CHAIR OLSON announced that the next order of business would be
HOUSE BILL NO. 370, "An Act relating to employer drug testing;
requiring the Alaska Workers' Compensation Board to adopt
regulations relating to the prescription of controlled
substances to employees; and limiting the prescription of
controlled substances to employees."
CHAIR OLSON reported HB 370 was previously heard on March 19,
2014 and the committee took public testimony.
3:50:55 PM
ANNA LATHAM, Staff, Representative Kurt Olson, Alaska State
Legislature, stated that Section 1 authorizes employers to drug
test injured workers for controlled substances listed in
Schedule IA of AS 11.71.140 if the employees have been
prescribed a controlled substance for over 90 days as the result
of a workplace injury. Section 2 would require the Alaska
Workers Compensation Board (AWCB) to adopt regulations
pertaining to the prescription of controlled substances to
implement Section 3. Section 3 would limit a physician's
prescription of a controlled substance listed in Schedule IA,
under AS 11.71.140, or a controlled opium substance listed in
Schedule III-A under AS.11.160, or in Schedule V-A under AS
11.71.180. This bill, HB 370, would discourage the use of long-
term opioids by restricting prescriptions to a 30-day supply.
In the event an employee's drug test is positive, meaning the
employee is taking their prescription to manage pain, no action
would be taken. The sole intent of the bill in the event that
an employee's drug test report is negative would be to deny
payment of the prescription as it relates to a workers'
compensation claim.
3:52:25 PM
CHAIR OLSON reopened public testimony.
DON ETHERIDGE, Lobbyist, Alaska State AFL-CIO, expressed concern
about the drug testing in Section 1. He asked what would happen
if an employee is not taking the proper amount of drugs being
prescribed for pain relief. Although he understands the intent
of the bill, nothing in the bill states that the claim won't be
controverted or that an employee might be ordered to go back to
work. He related a scenario in which a person had a broken
neck, but refused to take pain medications. The claims adjuster
suggested that the worker was not hurt that bad, even though the
worker had four steel plates in his neck. He related his own
experience with pain medication post-surgery, such that he might
take one or two pills the first day, but that he preferred to
avoid taking pain medication. The ramifications of not taking
prescription drugs should be clearly stated in the bill, he
said. He specified that the AFL-CIO does not object to the
provision limiting prescribed drugs to a 30-day limit. He
suggested that at the last hearing the implication was that all
injured workers are either drug addicts or are "peddling" drugs.
He [did not believe that was the case.]
CHAIR OLSON responded that he certainly did not think so. He
voiced his goal is to get employees back to work.
MR. ETHERIDGE related that was his only concern. He said that
if an employee is drug tested before employment or during work,
that the employee could be suspended or terminated. He would
like to know any ramifications by the employer if the injured
worker is taking too many or too few prescription drugs.
3:55:45 PM
RICK TRAINI, Business Representative, Teamsters Local 959;
Member, Alaska Workers' Compensation Board (WCB), urged members
not to support HB 370. He stated that the focus of the bill is
not treatment directed. He said he is serving his second term
on the WCB and has only experienced one instance of an employee
not taking prescribed medicine.
The committee took an at-ease from 3:57 p.m. to 3:59 p.m. due to
audio problems.
3:59:06 PM
MR. TRAINI restated that he has experienced only one case in
which an injured employee was not taking prescribed medication.
[HB 370 was held over.]