Legislature(2023 - 2024)BELTZ 105 (TSBldg)
04/03/2023 01:30 PM Senate LABOR & COMMERCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB94 | |
| SB89 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 94 | TELECONFERENCED | |
| += | SB 89 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 94-PROFESSION OF PHARMACY
1:32:56 PM
CHAIR BJORKMAN announced the consideration of SENATE BILL NO. 94
"An Act relating to the Board of Pharmacy; relating to the
practice of pharmacy; relating to pharmacies; relating to
prescription drug manufacturers; relating to prescriptions for
epinephrine; relating to the administration of epinephrine; and
providing for an effective date."
He asked the sponsor to introduce the bill.
1:33:17 PM
SENATOR CATHY GIESSEL, District E, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 94, stated that the goal of the
bill is to protect the public by ensuring the safe practice of
Alaskan pharmacists. This bill updates obsolete statutes. It is
a multi-year collaboration between multiple organizations,
multiple chairs of the Board of Pharmacy, and the Alaska
Pharmacist's Association. Pharmacology students, retirees, and
individuals from the Alaska Tribal Health System all support SB
94. She explained that the practice of pharmacology has evolved
over the last couple of decades and through the COVID-19
pandemic, at which time pharmacists fulfilled critical public
service roles. She described the changes SB 94 would make.
SENATOR GIESSEL spoke to the following sponsor statement:
[Original punctuation provided.]
Pharmacists and pharmacies are an integral part of
Alaska' healthcare system. It is important that the
Alaska statutes that guide them are updated and
reflect the services provided by modern-day
pharmacies.
Senate Bill 94 clarifies the Alaska Board of
Pharmacy's powers and duties to align with the federal
Drug Supply Chain and Security Act (DSCSA) related to
licensing and oversight of manufacturers, out-of-state
pharmacies, outsourcing facilities, and internet
pharmacies who conduct business in Alaska. In doing
so, these out-of-state entities will be held to the
same high standard as those operating in the state of
Alaska, helping to ensure Alaskans have access to
medications that are safe, no matter where they
originate.
SB 94 aligns Alaska's pharmacy board statutes with
similar boards in other states. It allows for it to
meaningfully recognize retired pharmacists and their
contributions. Stressing the importance of public
safety, SB94 would allow the board to institute a
national criminal background check for Alaska
pharmacists and pharmacy technicians. This would align
the Alaska Board of Pharmacy with the National
Association of Boards and Pharmacy Model State
Pharmacy Act.
The Executive Administrator plays a critical role in
the smooth functioning of the board and requires a
high degree of competency and understanding of the
complexities of pharmacy-related regulations and
issues. This bill gives Alaska's Division of
Professional Licensing flexibility to hire a qualified
pharmacist for this administrative role should one
apply.
The changes proposed in Senate Bill 94 reflect a
dedicated collaboration between the Alaska Board of
Pharmacy and the Alaska Pharmacists Association
(AKPhA) to modernize pharmacy practice statutes.
1:35:43 PM
REPRESENTATIVE JUSTIN RUFFRIDGE, District 7, Alaska State
Legislature, Juneau, Alaska, sponsor of the House companion bill
to SB 94, testified in support of SB 94. He announced that he
could answer questions as a pharmacist and former chairman of
the Board of Pharmacy. This bill and its companion in the other
body are the result of a collaboration of multiple chairs of the
Board of Pharmacy for right-touch regulations. This included
modernizing pharmacy regulations, repealing those that were out-
of-date, and implementing updates in compliance with federal
law. Many changes in the bill are a result of the Drug Supply
Chain and Security Act as well as the need to update licensing
requirements, especially for licensees of pharmacist and
pharmacist technician practices. Additionally, this bill allows
for changes to the Board of Pharmacy, such as allowing for
pharmacy technicians to be seated in lieu of a public member.
Finally, to increase access to the life-saving drug epinephrine,
SB 94 includes the prescribing of auto-injectors, or EpiPens, by
pharmacists trained in their use.
1:40:24 PM
JANE CONWAY, Staff, Senator Cathy Giessel, Alaska State
Legislature, Juneau, Alaska, paraphrased the following sectional
analysis for SB 94:
[Original punctuation provided.]
Section 1. Amends AS 08.08.010(a) Creation and membership
of board; officers
Alters composition of the seven-member Board of Pharmacy
by designating one member to be a licensed pharmacy
technician, and one being an individual with no
financial interest in the healthcare industry
Section 2. Amends AS 08.80.030 Powers and Duties of Board
(b)(10) Separates out the licensing/regulating entities
relating to manufacturing and distributing of drugs and
devices by use of the word "or"
(b)(12) adds an epinephrine auto-injector training
program
(b)(14) Clarifies that only pharmacists who dispense
federally scheduled controlled substances be required to
register with the Prescription Drug Monitoring Program
(PDMP)
(b)(16) Adds pharmacies and manufacturers from out-of-
state to list of entities to be licensed and inspected
(b)(17) Adds internet-based pharmacies to list of
entities to be licensed if they are servicing Alaskans
(b)(18) adds language allowing the board to adopt
regulations pertaining to retired pharmacist status
Section 3. Amends 08.80.145 Reciprocity; license transfer
(3) removes character requirement - "of good moral
character"
(4) removes internship details this is a national
standard among schools of pharmacy
Renumbering of statute items
Section 4. Amends AS 08.80.157 Licensing of facilities
(k) this adds out-of-state pharmacies and manufacturers
to the list of entities that must be licensed
Section 5. Amends AS 08.80.159 Licensing and inspection of
facilities outside the state
(a) Adds "distributor, pharmacy, manufacturer" to those
out-of-state entities that must be licensed and
inspected, under the Drug Supply Chain and Security Act
Section 6. Amends AS 08.80.159 Licensing and inspection of
facilities outside the state
(c) adds "pharmacy and manufacturer" to list that may be
inspected if located outside the state
1:42:31 PM
Section 7. Amends AS 08.80.160 Fees
(10) Removes the word "registration" since the bill
mandates licensure of a facility
Section 8. Amends 08.80.168 and adds a new subsection
Administration of vaccines and related emergencies
(e) Allows a pharmacist to administer epinephrine to a
person or prescribe an epinephrine auto-injector to
someone who has completed the epinephrine auto-injector
training
Section 9. Amends AS 08.80.270 Executive administrator of
the board
(a) Adds an additional salary range option for the
executive administrator, allowing flexibility for the
Division to select a pharmacist for the role
Section 10. Amends AS 08.80.420 Certain advertising
prohibited
(a) adds the term "apothecary" to list of those that
cannot be used in media or advertising unless the store
employs a licensed pharmacist with regular hours
Section 11. Amends AS 12.62.400 National criminal history
record check
(a)(23) adds pharmacist and pharmacy tech to list of
professions where a background check is required. Aligns
with State of Alaska's nursing requirements and pharmacy
requirements typical in other states. This adds a
national level background check
Section 12. Amends AS 17.22.010 Prescription, purchase,
administration of epinephrine by a trained individual
Allows anyone over 18 to purchase or be prescribed an
epinephrine autoinjector, and to administer epinephrine
shot in an emergency to another person if they have
completed an epinephrine auto-injector training program
approved by the board. It removes very outdated language
from this section
Section 13. Amends AS 17.22.020(a) Approval of training
programs
(a) Allows the board, rather than the department, to
adopt standards for the epinephrine auto-injector
training program and deletes outdated language
Section 14. Amends AS 17.22.020(b) Approval of training
programs
(b) Allows the board, rather than the department, to
approve an epinephrine auto-injector training program
that meets the board's standards
Section 15. Amends AS 17.22.030 Applicability
States that this chapter does not apply to someone
currently authorized under another law to administer
epinephrine, such as a nurse or doctor, or some other
authorized professional
1:44:37 PM
Section 16. Amends AS 17.22.040 Liability of certified
individual
Outlines that a person may not be sued who administers
epinephrine to another in an emergency, and in good
faith, if he or she has completed the epinephrine auto-
injector training program approved by the board
Section 17. Amends AS 17.22.090 Definitions
(3) defines the "board" as the Board of Pharmacy
Section 18. Repeals AS 08.80.110(2) Qualifications for
licensure by examination
• Repeals (2) furnish the board with at least two
affidavits from reputable citizens that the
applicant has known for at least one year attesting
to the applicant's good moral character. This is
not required in medical, dentistry, or nursing
statutes.
• Repeals 08.80.158 Registration of pharmacies
located outside the state since this bill would now
require licensure
• Repeals AS 17.22.020(c) which is the Department's
epinephrine auto-injector training program
• Repeals AS 17.22.090(1) that defines the department
as the Dept of Health, since it will no longer be
the approving entity of the epinephrine auto-
injector training program
1:45:37 PM
Section 19. TRANSITION LANGUAGE for currently registered
pharmacies
A new section that would allow pharmacies previously
registered to continue to ship, mail or deliver
prescription drugs to its customers in Alaska until
their registration expires. At that time, they will then
have to apply for licensure.
Section 20. TRANSITION: REGULATIONS Allows the Board of
Pharmacy and DCCED to adopt regulations to carry out the
changes laid out in this legislation.
Section 21. Section 20 has an immediate effective date
under AS 01.10.070(c)
Section 22: Effective date is set to coincide with the
Drug Supply Chain and Security Act that will go into
effect on November 26, 2023.
1:47:04 PM
BRANDY SEIGNEMARTIN, Executive Director, Alaska Pharmacists
Association, Eagle River, Alaska, stated support for SB 94 and
Senator Giessel and offered to answer questions.
1:48:03 PM
ASHLEY SCHABER, Chair, Board of Pharmacy, Anchorage, Alaska,
gave a presentation on SB 94. She began on slide 3, and spoke to
the following points:
Background of SB 94
• Result of multi-year, multi-chair review of
statutes and regulations to ensure the Alaska
Board of Pharmacy can continue to meet its
mission
• SB 94 addresses changes by:
o Streamlining licensure process while
improving public safety
o Compliance with the Drug Supply Chain and
Security Act
o Alignment with other professional boards in
Alaska and pharmacy boards in other states
o Clarification of pharmacists' roles in
epinephrine access
• Collaborative effort between the Alaska Board of
Pharmacy and the Alaska Pharmacists Association
1:49:47 PM
SENATOR BISHOP joined the meeting.
1:50:23 PM
MS. SCHABER advanced to slide 4, and spoke to the following
points:
Goal: Streamline licensure process while improving
public safety
• Eliminates unnecessary forms currently required
in statute
• Clarifies that only pharmacists who dispense
controlled substances are required to register
with the Prescription Drug Monitoring Program
(PDMP)
• Adds national criminal background check
1:51:23 PM
MS. SCHABER advanced to slide 5, and spoke to the following
points:
Goal: Compliance with Drug Supply Chain and Security
Act
• The federal Drug Supply Chain and Security Act
(DSCSA) further secures the U.S. drug supply
through a system to prevent harmful drugs from
entering the supply chain, detect harmful drugs
if they do enter, and enable rapid response when
such drugs are found
o Boards of Pharmacy play a key role in this
process through appropriate licensing of
drug distributors and pharmacies
• SB 94 ensures the AK Board of Pharmacy powers and
duties support the DSCSA related to
manufacturers, out-of-state pharmacies, and
internet pharmacies to ensure Alaskans receive
safe medications
1:52:15 PM
MS. SCHABER advanced to slide 6, and spoke to the following
points:
Goal: Alignment
• Replaces one of the two public member seats with
a pharmacy technician seat
• Allows the board to adopt language for retired
pharmacist status
• Clarifies the board executive administrator's
salary, allowing flexibility for a pharmacist to
serve in this role in the future
1:53:42 PM
MS. SCHABER advanced to slide 7, and spoke to the following
points:
Goal: Epinephrine Access
• Moves epinephrine training program under Board of
Pharmacy oversight
• Clarifies that a pharmacist can administer
epinephrine to a person or prescribe epinephrine
auto-injectors to someone who has completed the
training program
• Increases epinephrine access for Alaskans with
anaphylactic emergencies
1:54:11 PM
MS. SCHABER advanced to slide 8, and spoke to the following
points:
Support
• The Board of Pharmacy respectfully requests your
support of SB 94, allowing us to further promote,
preserve, and protect the public health, safety,
and welfare of Alaskans by and through the
effective control and regulation of the practice
of pharmacy.
• Thank you for your time!
1:54:40 PM
CHAIR BJORKMAN thanked the presenter and held SB 94 in
committee.