Legislature(2021 - 2022)DAVIS 106
04/26/2022 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB382 | |
| SB132 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 382 | TELECONFERENCED | |
| += | SB 132 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 132-CONTROLLED SUB. DATA: EXEMPT VETERINARIAN
5:36:07 PM
CO-CHAIR ZULKOSKY announced that the final order of business
would be SENATE BILL NO. 132 "An Act exempting veterinarians
from the requirements of the controlled substance prescription
database."
5:38:09 PM
SENATOR ROGER HOLLAND, Alaska State Legislature, as prime
sponsor, read the sponsor statement for SB 132 [included in the
committee packet], which read as follows [original punctuation
provided]:
Alaska's 25th legislature created the Prescription
Drug Monitoring Program (PDMP) in 2008. The
legislative intent behind the PDMP was to create a
database of prescriptions for controlled substances in
the state. The PDMP may create obstacles for
individuals seeking opioids to obtain multiple
prescriptions from registered providers and may be a
useful tool for human doctors in combating the
opioid crisis. Under the current statutory framework,
Alaska's veterinarians are required to participate in
the PDMP, despite the irreconcilable differences
between human and veterinary medical practice. PDMPs
have been implemented in all 50 states, but 34 states
have recognized the unsuitability of veterinary
participation in the PDMP and exempted veterinarians.
SB 132 would add Alaska to that list.
The majority of states exempt veterinarians from PDMP
because they have recognized that PDMPs are designed
for use in human medicine; and veterinary exclusion
from PDMPs does not increase risk to the public.
Alaska's inclusion of veterinarians in the PDMP has
produced no identifiable benefit; yet the PDMP has
created a multitude of verifiable harms to the
veterinary profession and the Alaskans they serve. The
PDMP is inappropriate and not effective for use with
animal patients, as animals do not have identifiers
such as a social security number, and veterinarians
must view human owners' private health data before
treating an animal.
Alaska has the highest veterinary licensure cost in
the United States. Veterinary participation in the
PDMP contributes to this unnecessary financial burden
on a profession already experiencing extreme staffing
shortages, decreasing availability of veterinary
services to Alaskans. Moreso, a recent survey found
attempted veterinary doctor shopping across the entire
United States is essentially non-existent.
Veterinarians are tightly regulated by the Drug
Enforcement Agency, the Know Your Customer Act, and
the State licensing board. SB 132 seeks to correct an
expensive overreach so that Alaskans can have access
to treatment for their pets without compromising
public safety.
5:41:24 PM
NIKKI ROSE, Staff, Senator Roger Holland, Alaska State
Legislature, on behalf of Senator Holland, prime sponsor, gave
the sectional analysis of SB 132 [included in the committee
packet], which read as follows [original punctuation provided]:
Sec. 1 AS 17.30.200(o), relating to the controlled
substance prescription database, is amended by
deleting the Board of Veterinary Examiners from the
list of required notification by the Board of Pharmacy
when a practitioner registers with the database.
Sec. 2 Adds veterinarians to the list of practitioners
not required to comply with the controlled substance
prescription database under AS 17.30.200(t).
Sec. 3 Adds a definition of "practitioner" to AS
17.30.200(u)
Sec. 4 Repeals AS 08.98.050(a)(10), which obligates
the board of veterinary examiners to require licensees
to register with the controlled substance prescription
database.
5:42:31 PM
CO-CHAIR ZULKOSKY asked who manages the PDMP.
SENATOR HOLLAND explained that the expert who could answer that
question was no longer available.
CO-CHAIR ZULKOSKY directed the question to Sara Chambers from
the Department of Commerce, Community & Economic Development
(DCCED).
5:43:35 PM
SARA CHAMBERS, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community &
Economic Development (DCCED), replied that the PDMP is monitored
by DCCED staff through the Board of Pharmacy which is in charge
of PDMP implementation.
5:44:08 PM
REPRESENTATIVE MCCARTY asked for confirmation of his
understanding that when a pet is owned by multiple parties, as
in a family pet, whoever brings the pet to the veterinarian
would have their identification (ID) number entered into the
PDMP.
SENATOR HOLLAND explained that the ID number could come from any
person who drops off a pet when the prescription of opioids is
necessary; it does not have to be the owner. He stated that the
regulations simply require a number to be entered.
REPRESENTATIVE MCCARTY stated that this seems to dilute
effectiveness of the PDMP since multiple identifiers could be
listed for the same animal.
SENATOR HOLLAND explained that due to time constraints, he had
not been able to use the prepared PowerPoint during his
presentation, and he noted that it is a valuable resource for
answering many of the basics about the bill.
CO-CHAIR ZULKOSKY asked what collaboration has occurred between
DCCED and veterinarians to solve issues with PMDP.
5:46:59 PM
MS. CHAMBERS responded that DCCED has conducted many
conversations with the Board of Pharmacy and the Board of
Veterinary Examiners to address how regulations should be set to
conform with statute and whether or not statute needs to be
changed. She said that there have been varying levels of follow
through among the different entities that have a responsibility
to participate in these discussions. She reported that the
department has published instructions on how veterinarians can
use the PDMP and that she had received positive feedback from
veterinarians that the instructions made using the PDMP
possible. However, she mentioned that many veterinarians still
have concerns about how to align day-to-day operations with
statute.
5:49:20 PM
REPRESENTATIVE PRAX asked how long the department has been
working with veterinarians to fix the issue.
MS. CHAMBERS answered since the legislation passed in 2016.
5:49:49 PM
CO-CHAIR SNYDER shared her understanding that many of the issues
veterinarians have been experiencing with PMDP relate to the
navigability of the database itself. She asked what kind of
changes have been made to the database to make it more [user
friendly].
MS. CHAMBERS voiced her belief that there had been changes
implemented but directed the question to Laura Carrillo for more
details on PMDP.
SENATOR HOLLAND also referred the question to Michaela Dick, a
veterinarian who has had a lot of experience with the PDMP and
has been advocating for change.
5:51:27 PM
CO-CHAIR SNYDER restated her question about what changes, if
any, have been made to the database since 2017.
MICHAELA DICK, DMV, Past President, Alaska Veterinary
Association, replied that "we haven't really been working on it"
and that there has been more of a focus on conversations with
the department and the boards due to investigations that have
been launched on veterinarians not being able to use the system.
She explained that because veterinarians work with animals
rather than people, they are unable to look up anything in the
database since their patients do not have identification
numbers. She opined that any fixes made to the database did not
solve the core problem of veterinarians being unable to comply
with statute.
5:53:35 PM
REPRESENTATIVE SPOHNHOLZ asked what changes to regulation have
been discussed to make the PDMP more user-friendly for
veterinarians while still meeting the public health need of
tracking opioids. First, she posited that vets could be
required to login only on days that they prescribe opioids.
Second, she suggested making the only ID number associated with
the animal be connected to the responsible financial party.
5:55:16 PM
LAURA CARRILLO, Administrator, Board of Pharmacy, Department of
Commerce, Community, and Economic Development, explained that
the department has had "very fruitful discussions" with the
Board of Veterinary Examiners but the discussions have not yet
resulted in policy suggestions. She voiced concern about
comingling of data and explained that DCCED has adjusted coding
within the database to clarify species and published guidelines
to help veterinarians know which codes to use. She deferred the
question about regulations around discerning pet ownership to
the veterinarians.
CO-CHAIR ZULKOSKY announced that SB 132 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 382 Amendment #1.pdf |
HHSS 4/26/2022 3:00:00 PM |
HB 382 |
| SB 132 v.A.PDF |
HHSS 4/26/2022 3:00:00 PM |
SB 132 |
| SB 132 Fiscal Notes DCCED 2.1.22.pdf |
HHSS 4/26/2022 3:00:00 PM |
SB 132 |
| SB 132 AKVMA White Paper.pdf |
HHSS 4/26/2022 3:00:00 PM |
SB 132 |
| SB 132 Letters of Opposition as of 4.8.22.pdf |
HHSS 4/26/2022 3:00:00 PM HL&C 5/13/2022 9:00:00 AM |
SB 132 |
| SB 132 Lincoln University Study PDMP Custom Tailoring is needed 2014.pdf |
HHSS 4/26/2022 3:00:00 PM |
SB 132 |
| SB 132 Letters of Support as of 4.13.22.pdf |
HHSS 4/26/2022 3:00:00 PM HL&C 5/13/2022 9:00:00 AM |
SB 132 |
| SB 132 Presentation 4-14-22.pdf |
HHSS 4/26/2022 3:00:00 PM |
SB 132 |
| SB 132 Sectional Analysis.pdf |
HHSS 4/26/2022 3:00:00 PM |
SB 132 |
| SB 132 Sponsor Statement.pdf |
HHSS 4/26/2022 3:00:00 PM HL&C 5/13/2022 9:00:00 AM |
SB 132 |
| HB382 DOI Response to Question from (H)HSS Committee 04.26.2022.pdf |
HHSS 4/26/2022 3:00:00 PM |
HB 382 |