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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