04/07/2010 03:15 PM House LABOR & COMMERCE

               SB 247-EXTENDING BOARD OF PHARMACY                                                                           
                                                                                                                                
3:34:39 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  next order of business  would be                                                               
CS  FOR  SENATE   BILL  NO.  247(L&C),  "An   Act  extending  the                                                               
termination date of  the Board of Pharmacy; and  providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
TIM  BENINTENDI,   Staff,  Senator  Donny  Olson,   Alaska  State                                                               
Legislature, paraphrased  from the sponsor statement,  which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     This  bill would  extend the  termination  date of  the                                                                    
     Board of Pharmacy until June 30, 2018.                                                                                     
                                                                                                                                
     According  to the  legislative  audit  for this  panel,                                                                    
     there  were no  issues  discovered adversely  affecting                                                                    
     the   public,   but   auditors   commented   that   the                                                                    
     Administration needs to improve  support for this board                                                                    
     and make more timely appointments.                                                                                         
                                                                                                                                
     The Committee  Substitute changed the bill  in one way.                                                                    
     As  drafted, the  original had  the  extension date  as                                                                    
     2015, which  was different  from the  recommendation in                                                                    
     the audit.  In S.L&C, we  changed SB 247 to  conform to                                                                    
     their report.                                                                                                              
                                                                                                                                
     No  opposition  has  surfaced  to   this  bill  or  the                                                                    
     Committee Substitute.                                                                                                      
                                                                                                                                
3:36:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BUCH referred  to the  audit recommendations  and                                                               
asked for clarification.                                                                                                        
                                                                                                                                
MR.  BENINTENDI  answered  that  the sponsor  did  not  feel  any                                                               
elements  contained in  the audit  report  rose to  the level  of                                                               
needing any response.                                                                                                           
                                                                                                                                
3:37:52 PM                                                                                                                    
                                                                                                                                
PAT DAVIDSON, Executive Director,  Division of Legislative Budget                                                               
and Audit,  explained that this audit  had three recommendations.                                                               
The first one  pertained to the collaborative  protocol between a                                                               
pharmacist and physician.  For  example, although pharmacists are                                                               
not  normally licensed  to  give  shots, a  person  can  go to  a                                                               
pharmacist  to  obtain  a  flu  shot.   An  agreement  between  a                                                               
physician and  a pharmacist allows  the pharmacist to  give shots                                                               
or  whatever treatment  is  established  under the  collaborative                                                               
protocol.   In entering  such an  agreement, some  monitoring and                                                               
timeframes  are established.   As  a general  rule, the  Board of                                                               
Pharmacy  had  been allowing  collaborative  protocols  to be  in                                                               
place for two  years.  However, the  underlying agreement between                                                               
the pharmacist  and physician covered  a much  shorter timeframe.                                                               
The  auditor's  concern  was  that  the  Board  of  Pharmacy  was                                                               
approving  the  protocols.   Both  the  DCCED  and the  Board  of                                                               
Pharmacy  agreed  and said  changes  would  be implemented.    In                                                               
response  to Representative  Buch,  she  stated that  regulations                                                               
were not required but adherence to the agreement was needed.                                                                    
                                                                                                                                
3:39:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHENAULT related that  an eight-year extension for                                                               
the board seemed like a long time.                                                                                              
                                                                                                                                
MS.  DAVIDSON  offered that  a  few  years  ago the  statute  was                                                               
changed from "not  to exceed four years" to "not  to exceed eight                                                               
years."   She  explained since  boards issue  annual reports  and                                                               
their  activities  are  within  the public's  view  such  as  the                                                               
missions  and  measures  that  a lot  of  public  information  is                                                               
available.   Additionally, a legislator  can request an  audit at                                                               
any  time concern  so  the necessity  of  conducting a  four-year                                                               
audit  seemed   unnecessary.    The  auditors   identified  three                                                               
recommendations.    One   recommendation  addressed  the  board's                                                               
operations  and  the  other  two   pertained  to  the  supporting                                                               
agencies,  such as  the Division  of  Corporations, Business  and                                                               
Professional  Licensing,   within  the   DCCED,  which   was  not                                                               
providing  adequate support.    She mentioned  that  the lack  of                                                               
DCCED  support pertains  to  all  of the  boards.   Further,  the                                                               
Office of  the Governor has  not been making  timely appointments                                                               
to the board, which compromises  the board's ability to carry out                                                               
its  mission.    Thus,  the  recommendations  are  primarily  not                                                               
identifying problems  with the board's  activities, but  refer to                                                               
other  agencies'  issues.    In  response  to  Chair  Olson,  she                                                               
characterized  this board  as  falling into  the  "not a  problem                                                               
board" category.                                                                                                                
                                                                                                                                
3:43:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   BUCH  recalled   deficiencies  existed   between                                                               
pharmacists  and physicians  regarding  prescription  drugs.   He                                                               
said it  seemed as though  protocol was  not being followed.   He                                                               
reminded  members the  importance  of the  oversight  to be  sure                                                               
proper protocol is being followed.                                                                                              
                                                                                                                                
MS.  DAVIDSON  related  one  other  issue in  the  report.    She                                                               
commented  that the  division  received a  $500,000  grant for  a                                                               
Controlled  Substance Prescription  Database.    The Division  of                                                               
Legislative Budget  and Audit  has conducted  audits in  the past                                                               
few years  on personally identifiable information  and the system                                                               
security with  respect to the  various databases.   She suggested                                                               
that the division  will monitor the development  of the database.                                                               
While  $500,000 seems  like a  lot of  money, very  sensitive and                                                               
personal information  is contained in the  proposed database, she                                                               
stated.                                                                                                                         
                                                                                                                                
3:45:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CHENAULT   recalled   prior   legislation   that                                                               
authorized the database.  He  asked whether the database has been                                                               
developed.                                                                                                                      
                                                                                                                                
MS.  DAVIDSON  offered  that  one   prior  audit  looked  at  the                                                               
governance   framework   to   control   personally   identifiable                                                               
information.   She  stated that  the culture  is not  as security                                                               
conscious  as it  should  be in  this state.    Thus, the  LB&A's                                                               
auditors provided a  detailed review of several  systems and made                                                               
recommendations to the department.   The administration responded                                                               
to  the audits  and  seemed to  view  the process  as  a work  in                                                               
progress.   She did  not know  the exact  status of  the proposed                                                               
database completion.                                                                                                            
                                                                                                                                
3:46:47 PM                                                                                                                    
                                                                                                                                
DIRK  WHITE,   Pharmacist,  Board  Member,  Board   of  Pharmacy,                                                               
explained that the Board of  Pharmacy's primary mission is public                                                               
protection  from rogue  pharmacists or  dangerous practices  that                                                               
some pharmacists  may undertake.   Its  secondary mission  is the                                                               
enactment of  regulations.   He explained  the Board  of Pharmacy                                                               
has been working  with the Department of Law  on the Prescription                                                               
Drug Monitoring Program.  The  audit questions were specifically;                                                               
discussed at the March Board meeting.                                                                                           
                                                                                                                                
3:48:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES  asked for  an  update  on the  Controlled                                                               
Substance Prescription Database.                                                                                                
MR. WHITE explained that the "money  dried up."  He recalled that                                                               
about 23 states  established the databases to  date, with perhaps                                                               
another 17  states in the process  of doing so.   Alaska received                                                               
initial start-up funds  to get the software up and  running.  The                                                               
Board  of Pharmacy  anticipates performing  some beta  testing in                                                               
October.                                                                                                                        
                                                                                                                                
3:49:27 PM                                                                                                                    
                                                                                                                                
MR. WHITE,  in response to Representative  Chenault answered that                                                               
the  funding source  for  the  Controlled Substance  Prescription                                                               
Database was federal funds.                                                                                                     
                                                                                                                                
REPRESENTATIVE CHENAULT  said he  would review the  fiscal impact                                                               
at the state level.                                                                                                             
                                                                                                                                
MR.  WHITE  recalled the  program  was  anticipated to  be  fully                                                               
funded with  federal funds and  it was anticipated that  when the                                                               
federal  funding "dried  up" the  program would  either cease  to                                                               
exist or the state would need to find another funding source.                                                                   
                                                                                                                                
3:50:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  asked  whether   the  Board  of  Pharmacy                                                               
regulates medical marijuana.                                                                                                    
                                                                                                                                
MR. WHITE answered that the day  the bill became law he had three                                                               
prescriptions presented  to him.   It  took the  Attorney General                                                               
about  eight  months  to promulgate  regulations.    Essentially,                                                               
today  "You have  a get  out of  jail free  card.   You take  the                                                               
prescription  to the  police  department, and  you  go find  your                                                               
marijuana wherever you  want."  As a practicing  pharmacist and a                                                               
Board member, he  viewed medical marijuana as  a highly dangerous                                                               
situation since  marijuana is unregulated  and can be  laced with                                                               
opium to  crack and  other drugs.   He stated  that the  Board of                                                               
Pharmacy  would like  some method  to  control medical  marijuana                                                               
through the Board for the safety of Alaskans.                                                                                   
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on SB 247.                                                                                     
                                                                                                                                
3:52:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES  moved  to  report CSSB  247(L&C)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.   There being no objections, the  CSSB 247(L&C) was                                                               
reported from the House Labor and Commerce Standing Committee.                                                                  
                                                                                                                                
3:52:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:52 p.m. to 3:54 p.m.                                                                       
                                                                                                                                
3:54:52 PM