Legislature(2013 - 2014)BARNES 124
04/04/2014 03:15 PM House LABOR & COMMERCE
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| Confirmation Hearings:|| Alaska State Board of Public Accountancy|| Alcoholic Beverage Control Board|| State Board of Registration for Architects, Engineers, and Land Surveyors|| State Assessment Review Board|| Board of Barbers and Hairdressers|| Board of Chiropractic Examiners|| Board of Dental Examiners|| Alaska Gasline Development Corporation Board of Directors|| Alaska Labor Relations Agency|| Board of Marine Pilots|| Board of Marital and Family Therapy|| Board of Certified Direct-entry Midwives|| Board of Nursing|| Board of Examiners in Optometry|| Board of Pharmacy|| State Physical Therapy and Occupational Therapy Board|| Board of Certified Real Estate Appraisers|| Real Estate Commission|| Regulatory Commission of Alaska|| Board of Social Work Examiners|| Board of Veterinary Examiners|| Workers' Compensation Appeals Commission|| Alaska Workers' Compensation Board | |
| Alaska Gasline Development Corporation Board of Directors | |
| State Assessment Review Board | |
| HB370 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
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| += | HB 370 | TELECONFERENCED | |
HB 370-AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS
4:36:01 PM
CHAIR OLSON announced that the final 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."
4:36:17 PM
ANNA LATHAM, Staff, Representative Kurt Olson, Alaska State
Legislature, on behalf of the House Labor and Commerce Standing
Committee, Representative Kurt Olson, Chair, offered to explain
the changes in Version C.
REPRESENTATIVE REINBOLD moved to adopt the proposed committee
substitute (CS) for HB 370 labeled 28-LS1379\C, Wallace, 4/3/14
as the working document.
CHAIR OLSON objected for the purpose of discussion.
4:36:49 PM
MS. LATHAM explained that the original version of HB 370 gave
employers the ability to perform random drug testing for
schedule I controlled substances after they have been prescribed
as the result of a workers' compensation claim for more than 90
days. Some concerns were expressed about the follow-up of test
results. The following language was added to Version C, in
Section 1, that the employer could test only for the controlled
substance and what would happen as a result of the tests, such
that a negative test result may result in the denial of future
payments by the employer or insurer for the controlled substance
but not in any other adverse employer action. A positive test
result for the prescribed control substance may not result in an
adverse employment action or the denial of prescription
benefits. Page 2, lines 11-14, adds language that an employer
may not be liable for future payments of a controlled substance
listed in schedule IA prescribed to an employee under this
section if the employee received a negative test result. She
reiterated that Version C specifies in writing some "follow
through" for the test results.
CHAIR OLSON asked to put on the record that he has been working
with a number of stakeholders, including Don Etheridge.
4:38:06 PM
DON ETHERIDGE, Lobbyist, Alaska State AFL-CIO, offered his
thanks for the opportunity to work with the sponsor and improve
HB 370. He said, "And we are totally happy with what you've
done on it."
4:39:14 PM
REPRESENTATIVE HERRON understood the meaning of "positive" and
"negative" in terms of drug testing. Typically when an employee
is given a drug test and it comes back positive, it means
something was found; and if the drug test comes back negative it
means that the person is clean - that no drugs were found. He
wanted to clarify in this context it is just the opposite.
MS. LATHAM acknowledged that Representative Herron is correct.
The intent of the testing is to determine whether an employee is
taking the drugs that were prescribed as a result of a workers'
compensation claim. The testing is the opposite of how it
normally would be under the employer testing policy subsection
(c) and (d) [of AS 23.10.620].
4:40:18 PM
BARBARA HUFF TUCKNESS, Director, Governmental and Legislative
Affairs, Teamsters Local 959, said the Teamsters Local 959
(Teamsters) had some initial concerns with HB 370. She believes
the majority of workers they represent are subject to property
safety programs and on the job safety programs that help reduce
workers' compensation costs, but workers sometimes sustain
injuries that require prescriptions. She said, "Sometimes we
have bad players and ... that may be the case." She has not
seen those figures, but if this bill gets to the root of that
particular problem, the Teamsters are supportive. She said the
Teamsters believe that the changes made will not negatively
impact injured workers in need of these prescriptions.
CHAIR OLSON acknowledged that was the intent.
4:42:04 PM
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 370. He then removed his
objection to the adoption of Version C.
REPRESENTATIVE REINBOLD moved to report the proposed committee
substitute (CS) for HB 370, Version C, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no further objections, CSHB 370(L&C) was reported
from the House Labor and Commerce Standing Committee.
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