Legislature(2009 - 2010)CAPITOL 106

03/30/2010 03:00 PM House HEALTH & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 307 SHELTERS FOR RUNAWAY MINORS TELECONFERENCED
Moved Out of Committee
*+ HB 25 HEALTH REFORM POLICY COMMISSION TELECONFERENCED
Scheduled But Not Heard
+= HB 392 INCENTIVES FOR CERTAIN MEDICAL PROVIDERS TELECONFERENCED
<Bill Hearing Canceled>
*+ HB 277 CERTIFY EMERGENCY USE OF EPINEPHRINE TELECONFERENCED
Moved CSHB 277(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 361 CPR TRAINING FOR 911 DISPATCHERS
Moved Out of Committee
              HB 277-EMERGENCY USE OF EPINEPHRINE                                                                           
                                                                                                                                
3:29:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER announced  that the next order  of business would                                                               
be HOUSE  BILL NO.  277, "An  Act establishing  a program  in the                                                               
Department  of  Health and  Social  Services  to certify  certain                                                               
individuals   to  be   issued   a   prescription  to   administer                                                               
epinephrine and to possess and  administer epinephrine in certain                                                               
situations."                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:29 p.m. to 3:34 p.m.                                                                       
                                                                                                                                
3:34:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HERRON moved to adopt  the proposed committee substitute                                                               
(CS) for  HB 277, Version  26-LS0951\S, Bullard, 3/26/10,  as the                                                               
work draft.   There being no objection, Version S  was before the                                                               
committee.                                                                                                                      
                                                                                                                                
3:34:36 PM                                                                                                                    
                                                                                                                                
MICHAEL DUNNING,  Intern to  Representative Peggy  Wilson, Alaska                                                               
State Legislature, said that epinephrine  was also referred to as                                                               
adrenaline, and was naturally occurring.   He noted the "fight or                                                               
flight"  response.   He pointed  out that  it was  used daily  to                                                               
combat  asthma and  severe reactions.   He  stated that  the bill                                                               
proposed  to establish  a training  standard  for individuals  to                                                               
administer epinephrine with auto  injectors, often referred to as                                                               
epi-pens, as  well as with  ampules.  He explained  that epi-pens                                                               
administered one  or two doses,  whereas an ampule was  a sterile                                                               
glass storage container  from which a dosage could  be drawn, and                                                               
was significantly cheaper than the  epi-pen.  He gave examples of                                                               
existing  training   programs,  which  included   American  Heart                                                               
Association, Red Cross, and Wilderness Medical Associates.                                                                      
                                                                                                                                
MR.  DUNNING  explained  that  an  individual  that  successfully                                                               
completed  the  training  requirements  would  be  authorized  to                                                               
obtain a  prescription to purchase epinephrine  and to administer                                                               
it only in the very  specific emergency situations outlined in HB
277.   He  opined that  HB 277  would protect  Alaskans, increase                                                               
safety measures, and hopefully save lives.                                                                                      
                                                                                                                                
3:37:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON directed attention to  page 2, line 24, Sec                                                               
17.22.030   and  asked   why  the   applicability  was   not  for                                                               
individuals authorized under other laws.                                                                                        
                                                                                                                                
3:38:03 PM                                                                                                                    
                                                                                                                                
MR. DUNNING said that he did not know.                                                                                          
                                                                                                                                
CO-CHAIR HERRON  referred to the  language on the  last paragraph                                                               
of the memorandum from Legislative Legal and Research Services.                                                                 
                                                                                                                                
REPRESENTATIVE  T.  WILSON  offered her  interpretation  that  an                                                               
individual rendering  aid would be  held harmless under  the Good                                                               
Samaritan Law, and she asked Mr. Dunning if he agreed.                                                                          
                                                                                                                                
MR. DUNNING replied that the  applicability, the liability of the                                                               
certified individual, and the referenced  Good Samaritan Laws did                                                               
not preclude  one another, as  an individual may be  immune under                                                               
one aspect,  but not under  another aspect.   He offered  that it                                                               
would  protect   individuals  who  had  completed   the  training                                                               
program.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  T. WILSON  questioned if  the Good  Samaritan Law                                                               
would pertain if there was not a training program.                                                                              
                                                                                                                                
MR.  DUNNING replied  that this  would depend  on the  individual                                                               
facts of  a particular case.   He explained that HB  277 required                                                               
the following to avoid personal  liability:  the individual would                                                               
have   to  successfully   complete  the   training  program;   to                                                               
administer   epinephrine   in   a  narrowly   defined   emergency                                                               
situation; and to have acted in Good Faith.                                                                                     
                                                                                                                                
3:41:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T.  WILSON expressed  concern that the  bill would                                                               
increase the liability.                                                                                                         
                                                                                                                                
MR.  DUNNING  replied  that  HB  277  offered  another  layer  of                                                               
protection  above  the Good  Samaritan  Law  for those  that  had                                                               
successfully completed the training program.                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON asked who would conduct the training.                                                                  
                                                                                                                                
MR.  DUNNING  reiterated  that   the  training  programs  already                                                               
existed, and  that some had  included the epi-pen  training along                                                               
with CPR.   He noted  that successful completion of  the training                                                               
allowed for a prescription to purchase epinephrine.                                                                             
                                                                                                                                
REPRESENTATIVE  T.  WILSON asked  to  clarify  that a  pharmacist                                                               
would supply the epinephrine as requested.                                                                                      
                                                                                                                                
3:43:48 PM                                                                                                                    
                                                                                                                                
MR.  DUNNING offered  his understanding  that this  would be  the                                                               
case.                                                                                                                           
                                                                                                                                
CO-CHAIR  KELLER   inquired  about  any  concern   for  abuse  of                                                               
epinephrine because of HB 277.                                                                                                  
                                                                                                                                
MR. DUNNING offered  his belief that this was not  a concern, and                                                               
that it was a proven life saving medication.                                                                                    
                                                                                                                                
CO-CHAIR  KELLER   shared  that   his  research   indicated  that                                                               
epinephrine was not a recreational drug of choice.                                                                              
                                                                                                                                
3:44:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN, speaking as one  of the joint prime sponsors                                                               
of HB 277, conveyed a personal story about epinephrine.                                                                         
                                                                                                                                
3:46:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES indicated  support for  what the  bill was                                                               
attempting  to  do.    She   stated  that  she  wanted  to  limit                                                               
liability,  and   referred  to   the  definition   of  "emergency                                                               
situation" on page  3, line 4.  She suggested  to add "or appears                                                               
to  experience" after  "experiences"  on  page 3,  line  5.   She                                                               
opined that  this would protect  an individual who was  acting in                                                               
good  faith  from their  training.    She also  suggested  adding                                                               
"reasonably" after "not" on page 3, line 7.                                                                                     
                                                                                                                                
3:49:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES, in  response  to  Co-Chair Herron,  noted                                                               
that  both  the Good  Samaritan  Law  and the  limited  liability                                                               
section of HB 277 on page  2, line 27, Sec. 17.22.040. "Liability                                                               
of certified  individual" would protect  an individual  who acted                                                               
in  good faith.    She expressed  her desire  to  ensure that  an                                                               
individual was covered regardless.                                                                                              
                                                                                                                                
3:51:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA reflected on a personal family incident.                                                                  
                                                                                                                                
3:52:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PEGGY WILSON,  Alaska State  Legislature, offered                                                               
her  understanding that  Alaska State  law currently  stated that                                                               
only  the person  with  the medication  could  self medicate,  or                                                               
receive assistance  from a properly  trained person.   The intent                                                               
of  the bill  was to  provide protection  to those  who were  not                                                               
currently covered by the law.                                                                                                   
                                                                                                                                
3:53:52 PM                                                                                                                    
                                                                                                                                
WARD  HURLBURT,  Chief  Medical Officer;  Director,  Division  of                                                               
Public  Health,  Office  of  the   Commissioner,  said  that  the                                                               
administration was neutral on HB 277.                                                                                           
                                                                                                                                
REPRESENTATIVE  T.  WILSON asked  to  clarify  that a  pharmacist                                                               
would  supply epinephrine  solely  upon the  presentation of  the                                                               
card certifying successful completion of the training.                                                                          
                                                                                                                                
DR.  HURLBURT offered  his understanding  that some  details were                                                               
still to  be worked  out to  ensure it.   He reiterated  that the                                                               
training  programs  already  existed,   and  that  a  physician's                                                               
prescription could become part of the process.                                                                                  
                                                                                                                                
REPRESENTATIVE HOLMES observed  that it was not  possible to walk                                                               
in and buy epinephrine without a prescription.                                                                                  
                                                                                                                                
DR. HURLBURT concurred that this  was consistent with the current                                                               
process.                                                                                                                        
                                                                                                                                
3:56:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON expressed her  confusion of why a doctor                                                               
would write a prescription solely  based on successful completion                                                               
of a course.                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON referred to  page 1, lines 10-12, of the                                                               
bill, and explained that there was situational justification.                                                                   
                                                                                                                                
REPRESENTATIVE  T. WILSON  asked if  this was  acceptable to  the                                                               
medical profession.                                                                                                             
                                                                                                                                
REPRESENTATIVE P.  WILSON replied that  one doctor even  taught 5                                                               
year old children how to self administer the epi-pen.                                                                           
                                                                                                                                
REPRESENTATIVE HOLMES asked Dr. Hurlburt for any concerns.                                                                      
                                                                                                                                
3:58:21 PM                                                                                                                    
                                                                                                                                
DR.  HURLBURT replied  that epinephrine  was a  natural substance                                                               
and that it  was safe, although that did not  mean that there was                                                               
not any  risk.  He  pointed out that sufficient  quantities could                                                               
present a  risk, but that it  was safer than many  other over the                                                               
counter items found in drug stores.                                                                                             
                                                                                                                                
CO-CHAIR KELLER  clarified that the training  mitigated the risk.                                                               
He opined that it was appropriate  to keep the strict language in                                                               
the bill.                                                                                                                       
                                                                                                                                
3:59:53 PM                                                                                                                    
                                                                                                                                
DR.  HURLBURT explained  that part  of the  training was  for the                                                               
administration of  epinephrine, as  most people were  not trained                                                               
to give injections.                                                                                                             
                                                                                                                                
4:00:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES  referred  to her  earlier  suggestion  of                                                               
amending page 3,  line 5 to add "or appears  to experience" after                                                               
"experiences,"  and asked  Dr.  Hurlburt if  it  was possible  to                                                               
mistake the signs of anaphylactic shock.                                                                                        
                                                                                                                                
DR.  HURLBURT replied  that, as  a physician,  her amendment  was                                                               
excellent, as it could not be known with 100 percent certainty.                                                                 
                                                                                                                                
4:02:14 PM                                                                                                                    
                                                                                                                                
KEN ZAFREN,  Medical Director, Alaska Emergency  Medical Services                                                               
Program,  expressed  his agreement  with  the  comments and  with                                                               
Representative Holmes' amendment to change the wording.                                                                         
                                                                                                                                
CO-CHAIR KELLER asked how the prescription process would work.                                                                  
                                                                                                                                
DR.  ZAFREN offered  that, although  it was  not addressed  in HB
277,   most  doctors   would  be   comfortable  with   writing  a                                                               
prescription  for  someone  who had  successfully  completed  the                                                               
training.                                                                                                                       
                                                                                                                                
4:03:55 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER closed public testimony on HB 277.                                                                              
                                                                                                                                
4:04:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES moved  to  adopt  Conceptual Amendment  1,                                                               
which would read:                                                                                                               
                                                                                                                                
     Page 3, line 5, following "experiences"                                                                                    
          Insert "or appears to experience"                                                                                     
     Page 3, line 7, following "not"                                                                                            
          Insert "reasonably"                                                                                                   
                                                                                                                                
CO-CHAIR KELLER  objected for discussion.   There being  no other                                                               
objections, he  removed his objection and  Conceptual Amendment 1                                                               
was adopted.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  suggested  a  conforming amendment  to                                                               
delete "and" between "for" and "purchase" on page 1, line 11.                                                                   
                                                                                                                                
[Before the committee was a  motion to adopt Conceptual Amendment                                                               
2, which would read:                                                                                                            
                                                                                                                                
     Page 1, line 11, following "prescription for"                                                                              
          Delete "and" ]                                                                                                        
                                                                                                                                
CO-CHAIR KELLER objected for discussion.                                                                                        
                                                                                                                                
REPRESENTATIVE  HOLMES  clarified that  line  11  would now  read                                                               
"obtain a prescription for purchase."                                                                                           
                                                                                                                                
CO-CHAIR KELLER  removed his objection.   There being  no further                                                               
objection, Conceptual Amendment 2 was adopted.                                                                                  
                                                                                                                                
4:06:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T.  WILSON moved to report  the proposed committee                                                               
substitute  (CS) for  HB 277,  26-LS0951\S, Bullard,  3/26/10, as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There being no  objection, CSHB
277(HSS) was reported  from the House Health  and Social Services                                                               
Standing Committee.                                                                                                             
                                                                                                                                

Document Name Date/Time Subjects
HB25prt1.PDF HHSS 3/30/2010 3:00:00 PM
HB 25
HB25prt2.PDF HHSS 3/30/2010 3:00:00 PM
HB 25
SB307pckt.PDF HHSS 3/30/2010 3:00:00 PM
SB 307
HB277pkt.PDF HHSS 3/30/2010 3:00:00 PM
HB 277