05/02/1995 01:40 PM Senate L&C

               SB 158 PHARMACISTS AND PHARMACIES                              
                                                                              
 SENATOR KELLY announced SB 158 to be up for consideration.  He                
 asked his aide, Sherman Ernouf, to explain the proposed committee             
 substitute.  MR. ERNOUF said he had worked with many people to                
 solve many of the issues embodied in this bill.  One change he                
 highlighted was in section 2, page 2, line 8, the liberally                   
 construed "to carry out these objectives and purposes" section,               
 because in general everyone thought the bill was too broad.  The              
 powers and duties of the Board were altered and the embargo powers            
 were deleted, he added.                                                       
                                                                               
 At the request of Occupational Licensing, the requirement that the            
 secretary give 30 days written notice to all members was deleted              
 and added that the meetings could be held telephonically.  The                
 executive secretary position was deleted from the bill giving it a            
 $0 fiscal note.                                                               
                                                                               
 The removal of Board members for cause was returned to its previous           
 form.  Old section 13, reciprocity and license transfer, was                  
 rewritten because of the administrative problems of trying to                 
 compare qualifications in different states from 10 years ago.                 
 Licensing of facilities has two new sections that leaves out                  
 existing drug facilities.  Another section was added to insure that           
 physicians physicians' assistants, advanced nurse practitioners,              
 dispensing opticians, and optometrists will not have to license               
 their facilities as do pharmacies.                                            
                                                                               
 SENATOR KELLY noted that these folks are the ones they have already           
 given the ability previously in law to dispense drugs.  MR. ERNOUF            
 said that was correct and that they are regulated.                            
                                                                               
 Number 484                                                                    
                                                                               
 SENATOR SALO asked about dentists.  MR. ERNOUF explained that they            
 would be added in the committee substitute.  He said that the                 
 "controlled substance" clause was added back into the statute, and            
 although it may be redundant with federal legend drugs which                  
 includes narcotics and controlled substances, but the thought was             
 that it was a good idea to have the language in statute, also.                
                                                                               
 Old section 20, which is on page 11, line 13, he said, has one                
 sentence added about when the Board places a drug under seal when             
 a pharmacist has had his license suspended or revoked.  He said the           
 Board of Pharmacy can stamp a seal, but can't actually confine an             
 area.  The Department of Health already has that authority and a              
 sentence has been added saying the Board of Pharmacy shall notify             
 the Department of Health and Social Services to let them know so              
 the enforcement mechanism can come in.  Both departments support              
 this issue.                                                                   
                                                                               
 Old section 24, on page 12, line 19, exempts physicians'                      
 assistants, nurse practitioners, dispensing opticians,                        
 optometrists, and dentists (because they are the only ones who are            
 licensed to dole out drugs) from this whole act.                              
                                                                               
 Old section 25 has been deleted, because it was imposing on others            
 the record keeping and standard requirements for handling drugs               
 which they are already subject to.                                            
                                                                               
 SENATOR SALO asked if it was legal in the State of Alaska for a               
 physician to own a pharmacy or to partly own a pharmacy to whom he            
 is recommending his patients and writing prescriptions.                       
                                                                               
 CATHERINE REARDON, Director, Division of Occupational Licensing,              
 said it is not currently against the law to own a testing lab,                
 pharmacy, or other facility to which you might be referring                   
 patients.  The medical statute does have a clause saying that a               
 doctor can be disciplined for violation of "any code of ethics                
 adopted by regulations by the Board"  which has not adopted any               
 code of ethics, she said.                                                     
                                                                               
 MS. REARDON informed the committee that the Board members were                
 under review prior to the most recent issue that came up relating             
 to the editorials.  The administration is putting quite a bit of              
 time into considering the current members and other possible                  
 appointees.  She thought they would see decisions coming up quickly           
 on that.                                                                      
                                                                               
 She said the issue of record keeping by physicians and other health           
 care practitioners would probably be coming up in the next                    
 legislative sessions.  There are currently no statutes or                     
 regulations which require them to maintain records, with the                  
 exception of nurses who have adopted a regulation regarding record            
 keeping.                                                                      
                                                                               
 Number 515                                                                    
                                                                               
 SENATOR KELLY asked if the Medical Board served "for cause" or "at            
 the pleasure of."  MS. REARDON answered, "at the pleasure of."                
                                                                               
 SENATOR MILLER moved to add "dentist" in the two appropriate                  
 places.  There were no objections and it was so ordered.                      
                                                                               
 SENATOR KELLY moved to adopt the committee substitute to SB 158.              
 There were no objections and it was so ordered.                               
                                                                               
 SENATOR SALO moved to pass CSSB 158(L&C) from committee with                  
 individual recommendations.  There were no objections and it was so           
 ordered.