Legislature(2013 - 2014)BARNES 124

04/04/2014 03:15 PM House LABOR & COMMERCE


Download Mp3. <- Right click and save file as

Audio Topic
03:25:19 PM Start
03:25:43 PM 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
03:26:59 PM Alaska Gasline Development Corporation Board of Directors
04:16:55 PM State Assessment Review Board
04:36:01 PM HB370
04:43:04 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
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
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 370 AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS TELECONFERENCED
Moved CSHB 370(L&C) Out of Committee
         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.                                                                           

Document Name Date/Time Subjects