Legislature(2013 - 2014)CAPITOL 106

01/31/2013 03:00 PM House HEALTH & SOCIAL SERVICES


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03:05:54 PM Start
03:06:49 PM HB53
04:38:51 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 53 CONSULTATION FOR OPIATE PRESCRIPTION TELECONFERENCED
Heard & Held
           HB 53-CONSULTATION FOR OPIATE PRESCRIPTION                                                                       
                                                                                                                                
3:06:49 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS announced that the  only order of business would be                                                               
HOUSE  BILL   NO.  53,  "An   Act  establishing   a  consultation                                                               
requirement  with respect  to the  prescription of  opiates under                                                               
certain circumstances."                                                                                                         
                                                                                                                                
3:07:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  moved to  adopt committee  substitute (CS)                                                               
for HB 53,  labeled 28-LS0177\C, Martin, 1/30/13,  as the working                                                               
document.  There being no objection, it was so ordered.                                                                         
                                                                                                                                
3:07:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER,  as  the   sponsor  of  proposed  HB  53,                                                               
explained that the  proposed bill was about  prescription of pain                                                               
medications.   He opined that  many people  had used some  of the                                                               
opiates, including Darvon  and OxyContin.  He  clarified that the                                                               
proposed CS,  Version C, was  an important work in  progress, and                                                               
he asked  that the Department  of Health and Social  Services not                                                               
yet  take a  position on  the  proposed bill,  but instead  offer                                                               
insights and suggestions.                                                                                                       
                                                                                                                                
3:09:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER explained  that  testimony  to the  Alaska                                                               
Health Care Commission,  on which he served,  described "the very                                                               
negative effects on people who take  too much of this category of                                                               
drugs."  He  reported that data suggested that  some patients who                                                               
had received  "too big a dose  of these pain meds  for six months                                                               
have like  a 1 or  2 percent chance of  ever going back  to work.                                                               
It just rearranges  their whole lives."  He  expressed his desire                                                               
to ensure that innocent people  were not hurt with an inadvertent                                                               
overdose.   He reported that  opiates were  addictive, naturally-                                                               
occurring alkaloids found  in the opium poppy.   He declared that                                                               
ever increasing dosage  was a warning signal.   He explained that                                                               
the  proposed  bill used  120  mg  of  morphine equivalent  as  a                                                               
baseline  level  of  concern,  as any  amount  above  this  would                                                               
require consultations for prescription.                                                                                         
                                                                                                                                
3:12:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked if  the proposed bill  included pain                                                               
medications  other  than  opiates,   and  he  questioned  whether                                                               
OxyContin was included in the definition of opiates.                                                                            
                                                                                                                                
3:12:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  replied that the proposed  bill included a                                                               
spectrum  of drugs,  which  included OxyContin  and  Darvon.   He                                                               
reiterated  that an  opiate was  an alkaloid  found in  the opium                                                               
poppy, and he  opined that there were also  synthetic versions of                                                               
the alkaloid.                                                                                                                   
                                                                                                                                
3:13:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  directed attention to the  handout titled,                                                               
"What are Opiates?" [Included in members' packets]                                                                              
                                                                                                                                
3:13:38 PM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature, shared  that the original  proposed bill had  been 4                                                               
pages, but, as  it had generated a lot of  interest, the proposed                                                               
CS was  now expanded  to 15  pages.  He  said that  testimony and                                                               
language from  many members of the  medical profession, primarily                                                               
the Alaska Board of Nursing,  the Alaska State Medical Board, the                                                               
State of Alaska  Board of Dental Examiners, and  the Alaska Board                                                               
of Pharmacy, had  been lumped together.  He declared  that it was                                                               
difficult to  track individuals when prescriptions  were obtained                                                               
from  many doctors.   He  reported that  the Alaska  Prescription                                                               
Drug  Monitoring  Program  had  been created  in  2008,  and  was                                                               
administered in the Department of  Commerce, Community & Economic                                                               
Development.    He  described  that   this  database  listed  the                                                               
patients and the  "doctors who are licensed  to issue opiate-type                                                               
painkillers."   He declared the  intent of the proposed  bill was                                                               
for the database to be  checked before a prescription was filled,                                                               
as these drugs  were "just as addictive in the  long run as their                                                               
on-the-street  brothers, heroin  and  opium."   He reported  that                                                               
this problem  was growing in  Alaska and  across the rest  of the                                                               
U.S.  He  said that these prescriptions were  initially taken for                                                               
pain management, but  that the dosages were being  increased.  He                                                               
pointed out that the definition in  Version C, 120 mg of morphine                                                               
equivalent, would be the standard.                                                                                              
                                                                                                                                
3:17:21 PM                                                                                                                    
                                                                                                                                
MR.  POUND  shared that  Version  C  also included  language  for                                                               
maintenance  methadone users,  those who  were addicted  to drugs                                                               
but  were  enrolled in  a  "clean-up  process"  in clinics.    He                                                               
acknowledged  that,   although  these  did  not   fall  into  the                                                               
guidelines  of   pain  management,  it  was   necessary  to  have                                                               
communication between the methadone  clinics and the primary care                                                               
physicians.    He   shared  that  the  proposed   CS  added  some                                                               
exemptions  to pain  management programs,  including an  "end-of-                                                               
life situation."  He pointed out  that, with Version C, there was                                                               
now a  four week window  before pain management  consultation was                                                               
required for opiate pain killer prescriptions.                                                                                  
                                                                                                                                
3:19:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  asked if there  would be testimony  from the                                                               
boards mentioned earlier.                                                                                                       
                                                                                                                                
MR.  POUND replied  that there  would not  be testimony  from the                                                               
boards today.                                                                                                                   
                                                                                                                                
3:20:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  directed attention  to Version C,  page 3,                                                               
line 3, and asked for more information.                                                                                         
                                                                                                                                
MR. POUND  replied that this  new language was added  to existing                                                               
language and  would ensure that  the medical  professionals check                                                               
with the Alaska Prescription Drug  Monitoring Program database to                                                               
avoid prescription  of additional pain medication  to individuals                                                               
already receiving them.                                                                                                         
                                                                                                                                
3:21:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked to identify the four week exclusion.                                                                
                                                                                                                                
MR.  POUND  replied  that  this   was  included  in  the  general                                                               
language.                                                                                                                       
                                                                                                                                
3:21:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER offered  his  belief that  there would  be                                                               
testimony about  the aforementioned database from  the providers,                                                               
as it  was a relatively new  system in Alaska.   He reported that                                                               
the  database  had  been  paid  for with  federal  funding.    He                                                               
explained  that Version  C listed  the database  use requirements                                                               
for each  medical provider, which  made parts of the  bill appear                                                               
repetitive.                                                                                                                     
                                                                                                                                
3:23:09 PM                                                                                                                    
                                                                                                                                
MR. POUND,  in response  an earlier  question regarding  the four                                                               
week  window from  Representative Seaton,  directed attention  to                                                               
page 3, line 10 of Version C.                                                                                                   
                                                                                                                                
3:23:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked  to   clarify  that,  although  the                                                               
consultation  was  after  four   weeks,  failure  to  complete  a                                                               
required check of the data base  for any level of pain medication                                                               
prior to  prescription could result in  a revocation, suspension,                                                               
or reprimand for the provider's medical license.                                                                                
                                                                                                                                
MR. POUND expressed his agreement.                                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON  opined  that  this  was  not  a  workable                                                               
solution,  and  he  offered  his  belief  that  funding  for  the                                                               
database would expire  in August, 2013.  He asked  if there was a                                                               
fiscal note to expand or extend the database.                                                                                   
                                                                                                                                
3:25:13 PM                                                                                                                    
                                                                                                                                
MR.  POUND  expressed his  anticipation  that  there would  be  a                                                               
fiscal note for the continuation of the database.                                                                               
                                                                                                                                
3:25:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER explained  that  there  was a  presumption                                                               
that  the   database  would  continue  to   function,  which  was                                                               
incumbent  on  funding by  Department  of  Commerce, Community  &                                                               
Economic Development.                                                                                                           
                                                                                                                                
3:26:13 PM                                                                                                                    
                                                                                                                                
MR. POUND,  in response to  a question from  Representative Tarr,                                                               
said  that he  would  try  to get  representatives  from all  the                                                               
aforementioned boards to testify.                                                                                               
                                                                                                                                
REPRESENTATIVE  TARR  directed  attention to  the  definition  of                                                               
opiate in statute, and suggested  that this was an opportunity to                                                               
align the  language in the  proposed bill more  specifically with                                                               
the definition.                                                                                                                 
                                                                                                                                
MR.  POUND  read:    "opiate  means (a)  a  substance  having  an                                                               
addiction forming and addiction  sustaining capability similar to                                                               
morphine  or  being capable  of  conversion  into a  drug  having                                                               
addiction forming or addiction sustaining capability."                                                                          
                                                                                                                                
3:27:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR suggested an  alignment of the definitions to                                                               
alleviate any uncertainty in Version C.                                                                                         
                                                                                                                                
3:28:11 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS, directing  attention to page 3, line  3, noted his                                                               
background in the  health profession as a  dentist, and suggested                                                               
that the pharmacists initiate the search on the database.                                                                       
                                                                                                                                
3:29:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  mentioned that  of the 18  pain management                                                               
specialists  in Alaska,  only 4  were outside  of Anchorage.   He                                                               
questioned whether  these specialists would qualify  according to                                                               
the definition  in Version  C, page  4, line 23.   He  noted that                                                               
Version  C  did  not  ensure   that  a  currently  licensed  pain                                                               
management specialist  would qualify  under the proposed  bill as                                                               
new regulations would be adopted.   He expressed his concern that                                                               
there would  be sufficient certified pain  management specialists                                                               
in Alaska.                                                                                                                      
                                                                                                                                
3:31:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  expressed his  belief that there  would be                                                               
more  qualified  specialists  than  currently,  as  each  of  the                                                               
medical  boards   would  list   standards  for   pain  management                                                               
specialists  that  would  include  these  minimum  qualifications                                                               
listed on page 4, line 23.                                                                                                      
                                                                                                                                
3:32:57 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS opened public testimony.                                                                                          
                                                                                                                                
3:33:29 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:34:48 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS brought the committee back to order.                                                                              
                                                                                                                                
3:35:05 PM                                                                                                                    
                                                                                                                                
PATRICIA  SENNER,  Interim  Director  of  Professional  Practice,                                                               
Alaska  Nurses  Association,  stated  that  proposed  HB  53  was                                                               
fashioned after  the far more extensive  regulations developed by                                                               
five State of Washington boards  and commissions.  She noted that                                                               
the  referral requirement  was  only one  provision  of the  pain                                                               
management  regulations that  were  addressed by  that group  and                                                               
that there  were specific guidelines  for assessment  of patients                                                               
with chronic  pain, which included  a pain  plan.  She  said that                                                               
the State  of Washington did not  require a referral to  the data                                                               
base, as it was not yet  reliable enough.  She suggested that, as                                                               
nurse anesthetists  were involved  in pain management  in Alaska,                                                               
this group  should also be  included in  the proposed bill.   She                                                               
expressed  three concerns  with the  proposed  bill:   how can  a                                                               
required referral  be made, as  it currently takes months  for an                                                               
appointment  with a  pain management  specialist; how  could pain                                                               
management  specialists   conduct  telephone   consultations  for                                                               
controlled  substances  with  rural  regions; as  11  of  the  18                                                               
current  pain  management   specialists  were  anesthesiologists,                                                               
there  would be  a need  for nurse  anesthetists.   She expressed                                                               
that, as  the proposed bill  included exemptions  for palliative,                                                               
hospice  care, and  end  of  life care,  it  also recognize  non-                                                               
terminal cancer  patients, and she  asked for cancer  patients to                                                               
be  excluded.   She opined  that, as  the prescription  drug data                                                               
base was new,  it often lagged real time in  its display of data,                                                               
and  it could  be  difficult to  access from  rural  areas.   She                                                               
offered her belief that  the data base was not yet  ready to be a                                                               
requirement,  and she  suggested that  the aforementioned  boards                                                               
propose some pain management guidelines and regulations.                                                                        
                                                                                                                                
3:39:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   asked  if   doctors  in  the   State  of                                                               
Washington  were no  longer  accepting  pain management  patients                                                               
because of the complex regulations.                                                                                             
                                                                                                                                
MS.  SENNER said  that she  had also  heard this,  especially for                                                               
general practitioners.                                                                                                          
                                                                                                                                
3:41:00 PM                                                                                                                    
                                                                                                                                
LEON CHANDLER,  MD, said  that the  American Association  of Pain                                                               
Management  had asked  him  to  testify, although  he  was not  a                                                               
member of the association.  He  reported that he had started pain                                                               
management in  1988 in  Alaska, and  that the  complications were                                                               
onerous in the  best of circumstances.  He offered  his help with                                                               
the  proposed  bill,  but  he   expressed  his  concern  for  the                                                               
unintended consequences throughout Alaska.   He acknowledged that                                                               
at least four pain management  doctors would not see any patients                                                               
who required  medical management for  pain control.   He declared                                                               
that  the  problem  was  with those  individuals  who  were  drug                                                               
seeking.  He stated that he  had worked with the Drug Enforcement                                                               
Agency and he pointed to  the difficulty for enforcement of these                                                               
regulations.    He  directed attention  to  the  three  pedestals                                                               
required to  manage these problems:   the  prescribing physician,                                                               
the pharmacy,  and the  regulatory agency.   He noted  that there                                                               
was no longer  a Drug Enforcement Agency official in  Alaska.  He                                                               
declared  that, although  the  goals of  the  proposed bill  were                                                               
admirable,  there was  the need  for a  mechanism to  measure the                                                               
goals  for  their  impact  on  the   intent  of  the  bill.    He                                                               
recommended inserting  a sunset clause  in the proposed  bill, in                                                               
case the bill proved  to be more of a hindrance than  a help.  He                                                               
predicted more  difficulties when  primary care  physicians would                                                               
no longer  write prescriptions.  He  affirmed that a goal  of the                                                               
medical community  was to care  for the  public.  He  offered his                                                               
belief  that  addictive  medications could  blend  into  chemical                                                               
dependency, and  not just addictive personalities.   He suggested                                                               
that  the proposed  bill  be closely  scrutinized  before it  was                                                               
passed as it could influence the medical care system in Alaska.                                                                 
                                                                                                                                
3:46:07 PM                                                                                                                    
                                                                                                                                
EMILY  NENON,  Alaska  Government  Relations  Director,  American                                                               
Cancer Society  Cancer Action Network, commented  that there were                                                               
many pieces of  this complex issue which needed  to be addressed.                                                               
She highlighted  that cancer  related pain  for long  term cancer                                                               
survivors  could  be  chronic,  and it  could  be  necessary  for                                                               
opiates to  maintain a quality of  life, even when there  was not                                                               
active treatment for cancer.                                                                                                    
                                                                                                                                
3:47:29 PM                                                                                                                    
                                                                                                                                
JUDITH   DEARBORN,  President,   Alaska   Association  of   Nurse                                                               
Anesthetists,  offered some  background  on certified  registered                                                               
nurse anesthetists (CRNA), describing them  as a "type of advance                                                               
practice registered  nurse, prepared  at the masters  or doctoral                                                               
level  with   specialized  education   in  anesthesia   and  pain                                                               
management."     She  reported  that,  although   Alaska  statute                                                               
recognized  CRNAs as  "nurse anesthetists,"  the Alaska  Board of                                                               
Nursing recognized this  group of 99 currently  active members in                                                               
Alaska  as  "certified  registered   nurse  anesthetists."    She                                                               
pointed out  that, of  the nine  Alaska boroughs  with anesthesia                                                               
services, four had  anesthesia only provided by CRNAs.   In rural                                                               
communities  with   CRNAs  providing  the  only   available  pain                                                               
management, it would  be much more costly for  patients to travel                                                               
elsewhere  for  service  from  other  providers.    She  directed                                                               
attention to the November 1,  2012 directive from the Centers for                                                               
Medicare  and Medicaid  Services (CMS)  which ruled  that, as  of                                                               
January  1, 2013,  chronic pain  management  service provided  by                                                               
CRNAs  would be  eligible  for reimbursement  for all  authorized                                                               
Medicare  services performed  under  the specific  state law  and                                                               
scope of  practice.   She reported that  the Medicare  program in                                                               
Alaska had  approved chronic pain  management services  as within                                                               
the scope  of practice by  CRNAs in Alaska.   Directing attention                                                               
to  Version  C,  page  8,  line 16,  she  requested  that  "nurse                                                               
anesthetist"   be  replaced   by   "certified  registered   nurse                                                               
anesthetists."                                                                                                                  
                                                                                                                                
3:50:57 PM                                                                                                                    
                                                                                                                                
ANNA  NELSON,  Executive   Director,  Interior  AIDS  Association                                                               
(IAA), said that  her organization supported the  efforts to curb                                                               
the abuse  and over prescription  of opiates.  She  reported that                                                               
her  program was  one of  two methadone  programs in  Alaska, and                                                               
treated people  "with long term,  chronic addiction  to opiates."                                                               
She  stated that  the requirement  for consultation  with primary                                                               
care  providers  in  proposed  HB 53  did  "not  acknowledge  the                                                               
reality of  much of the addict  population, most of whom  have no                                                               
health insurance  and hence no  primary provider."   She remarked                                                               
that some primary  care providers had contributed  to the initial                                                               
addiction,  whether well-meaning  or  negligent.   She  suggested                                                               
removal of the consultant requirement  from the proposed bill, as                                                               
its passage would create a  major barrier to treatment for opiate                                                               
addiction.  She  offered her belief that it  contradicted some of                                                               
the efforts to curb prescription  drug abuse.  She clarified that                                                               
methadone, when  administered in a supervised  treatment program,                                                               
was tightly regulated and initial  treatment dosages were limited                                                               
by  federal regulations.   As  federal regulations  required that                                                               
the initial  dosage be  no more  than 30 mg,  this would  make it                                                               
difficult for a  primary care physician to establish  a base line                                                               
dosage.  She  said that patients were seen by  the program almost                                                               
daily,  were  tested  for  other  drugs,  and  were  required  to                                                               
participate  in counseling  and  education to  help change  their                                                               
lives.   She suggested  that the  primary care  providers consult                                                               
with the  addiction trained  medical professionals,  pointing out                                                               
that  methadone  programs were  required  by  federal law  to  be                                                               
licensed,  accredited,  and  registered.    She  noted  that  the                                                               
methadone programs  were also closely  monitored by the  State of                                                               
Alaska's  Division  of  Behavioral  Health.    She  concluded  by                                                               
stating that the proposed bill  did not add accountability and it                                                               
interfered with the treatment for addiction.                                                                                    
                                                                                                                                
3:54:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked for  clarification of  her reference                                                               
to  a 30  mg equivalent,  and how  that related  to the  proposed                                                               
bill.                                                                                                                           
                                                                                                                                
MS. NELSON,  directing attention to  Version C, page 14,  line 5,                                                               
said that  the consultation  by a  health care  professional with                                                               
the patient's  primary care provider was  meaningless, as federal                                                               
regulations had determined the initial  dosage to be 30 mg, which                                                               
would  then  be  slowly  adjusted   by  the  physician  from  the                                                               
methadone program to meet the needs of the patient.                                                                             
                                                                                                                                
3:55:39 PM                                                                                                                    
                                                                                                                                
LARRY  STINSON, M.D.,  Advanced Pain  Centers of  Alaska, offered                                                               
his support  in principle to proposed  HB 53.  He  suggested that                                                               
treatment  programs  and cancer  programs  be  exempt from  these                                                               
requirements.    He  stated  that   there  was  a  "true  problem                                                               
nationwide and in the state  with overprescribing and overdose of                                                               
narcotics.   It's the number  one accidental killer of  people in                                                               
the country, ahead  of motor vehicle accidents."   He pointed out                                                               
that  an equivalent  to  120  mg of  morphine  was a  significant                                                               
amount of medication.  He  reported that, of his several thousand                                                               
patients,  only  a  handful  received  an  equivalent  amount  of                                                               
medication,  and  only  for  very  specific  circumstances.    He                                                               
expressed  concern that  any physician  would feel  "shackled" by                                                               
this legislation, and he questioned  their practice.  He reported                                                               
that certification  as a pain  specialist required many  years of                                                               
training and practice.   He applauded the  intentions of proposed                                                               
HB  53.   He referred  to an  upcoming report  from the  State of                                                               
Washington,  which stated  that 85  percent of  the primary  care                                                               
providers were  very satisfied with  similar State  of Washington                                                               
legislation that  limited prescriptions  to an equivalent  of 120                                                               
mg  of  morphine.   He  added  that  the  data also  reflected  a                                                               
decrease  in  suicides,  emergency   room  deaths,  and  domestic                                                               
violence.   He observed  that some aspects  of the  proposed bill                                                               
did  need modification.   He  declared that  there was  a serious                                                               
problem, and it  was not appropriate to ignore this  problem.  He                                                               
offered his belief  that proposed HB 53 "goes a  long way" toward                                                               
protecting the public.                                                                                                          
                                                                                                                                
3:59:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked for suggestions to  improve the bill                                                               
as it was  written.  He directed attention to  Version C, page 3,                                                               
line 3, and asked if this language should be modified.                                                                          
                                                                                                                                
4:00:59 PM                                                                                                                    
                                                                                                                                
DR. STINSON,  in response to  Representative Seaton,  opined that                                                               
the current  language would be  cumbersome as written,  and would                                                               
be difficult  to perform.   He questioned  whether the  data base                                                               
was  currently  reliable enough  "to  make  it worthwhile."    He                                                               
offered  his  belief that,  for  patients  exceeding the  120  mg                                                               
equivalent threshold, it  would be appropriate to  check the data                                                               
base monthly.   He said that  the daily use of  180 mg equivalent                                                               
increased the risk for death, so  it would be beneficial to check                                                               
for any other prescriptions.                                                                                                    
                                                                                                                                
4:02:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  that Dr.  Stinson submit  written                                                               
testimony.                                                                                                                      
                                                                                                                                
4:03:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR, referring  to  testimony that  prescription                                                               
overdose was the number one killer,  asked if this was the result                                                               
of an individual receiving  prescriptions from several providers,                                                               
or overusing a single prescription.                                                                                             
                                                                                                                                
4:04:22 PM                                                                                                                    
                                                                                                                                
DR. STINSON  replied that  patients often  become so  tolerant of                                                               
medication that the dosage was  continually increased to gain the                                                               
benefits.  He reported that there  was not the same tolerance for                                                               
the  side effects  to opioids,  which  could include  respiratory                                                               
depression.                                                                                                                     
                                                                                                                                
4:05:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  to  clarify that  there would  be                                                               
withdrawal  treatment available  should the  proposed bill  limit                                                               
prescriptions to 120 mg equivalents of morphine.                                                                                
                                                                                                                                
DR.  STINSON  said  that  he would  often  taper  medication  for                                                               
patients.   He  noted that  the University  of Washington  had an                                                               
access telephone line with pain  experts to give guidance for the                                                               
tapering of pain  medication regimens.  He  expressed his support                                                               
for the methadone clinics.                                                                                                      
                                                                                                                                
4:07:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked what  the optimum prescription dosage                                                               
was to require a check of the database.                                                                                         
                                                                                                                                
DR.  STINSON  replied that,  based  on  the State  of  Washington                                                               
epidemiologic data, it would be  appropriate for prescriptions of                                                               
120 mg equivalents of morphine to  be checked monthly on the data                                                               
base as  this was the  point "where bad things  started happening                                                               
in  increasing  frequency."   He  declared  that acute  pain  and                                                               
chronic  pain were  "two different  things."   He explained  that                                                               
pain  medication following  major  surgery could  be waived,  but                                                               
that ongoing use of opioid medications should be monitored.                                                                     
                                                                                                                                
4:10:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NAGEAK  relayed his own experiences  with pain and                                                               
how he  managed it.   He extolled  the need to  keep moving.   He                                                               
acknowledged the  "high" feeling from medication,  and the desire                                                               
to maintain this feeling.                                                                                                       
                                                                                                                                
4:12:49 PM                                                                                                                    
                                                                                                                                
JAY CALDWELL,  Medical Director, Narcotic Drug  Treatment Center,                                                               
agreed  with Ms.  Nelson that  the general  idea of  the proposed                                                               
bill was "headed  in the right direction."  He  opined that there                                                               
had been a  miscalculation in proposed Section  47.37.175 on page                                                               
14, line  5 of  Version C.   He stated that  there were  only two                                                               
health care professional categories  for treatment.  One category                                                               
was  certified  for  office based  opiate  treatment  for  opiate                                                               
dependent clients,  and the other  category was at  the federally                                                               
mandated  and operated  methadone  clinics.   He  stated that  no                                                               
other physicians  in Alaska were  authorized to treat  drug abuse                                                               
by  patients.   He  stated that  pain  management physicians  and                                                               
family  practice  physicians  do  not treat  drug  dependence  or                                                               
abuse.   He  noted that  this  proposed section  only applied  to                                                               
about  30 physicians,  in addition  to  the 2  physicians at  the                                                               
methadone  clinics.   He pointed  out  that the  patients at  the                                                               
methadone  clinic "are  an entirely  different breed  of patients                                                               
than in  any kind of family  or private practice."   He said that                                                               
many of the  patients had become opiate dependent as  a result of                                                               
pain.   He explained that  the difference between  dependence and                                                               
addiction  was  a behavioral  statement.    Individuals who  were                                                               
addicted attempted to maintain  opiate levels through anti-social                                                               
methods,  whereas  dependence  was   a  chemical  statement,  not                                                               
everyone who  was dependent  was an addict,  and not  all addicts                                                               
were necessarily dependent.  He said  that many of the addicts at                                                               
the methadone treatment  centers had been rejected,  or felt they                                                               
had  been  rejected,  by  their  physicians.    He  suggested  an                                                               
elimination  of   the  aforementioned   proposed  section.     He                                                               
acknowledged  that   opiates  were   diverted  in   both  private                                                               
practice,  and  in  pain   medicine  clinics  whereas,  methadone                                                               
clinics only distributed methadone in  a liquid, which was "very,                                                               
very, very  carefully monitored."   He reported that  the clients                                                               
received  methadone  daily  for  the  first  three  months.    He                                                               
explained  that  the subsequent  weekly  dosage,  which could  be                                                               
taken  from  the  clinic,  was  only  allowable  after  extensive                                                               
social, psychological,  and nursing evaluations.   He pointed out                                                               
that  regular,  unannounced  urine  testing  revealed  any  other                                                               
medications.   He emphasized that the  regulations for discussion                                                               
between  the methadone  clinic physicians  and  the primary  care                                                               
physicians was "not even close  to being appropriate and I'm sure                                                               
you will correct  that."  He expressed support  for the remainder                                                               
of the proposed bill.                                                                                                           
                                                                                                                                
4:20:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER asked  to clarify  that the  two methadone                                                               
clinics should be exempt.  He  also asked if the methadone clinic                                                               
contacted a patient's primary care doctor.                                                                                      
                                                                                                                                
DR. CALDWELL  replied that the  vast majority of the  clients did                                                               
not have a  primary care physician.  He reported  that the clinic                                                               
would  coordinate  an  appointment   with  a  physician,  or  the                                                               
Anchorage Neighborhood Health Center,  for any detection of other                                                               
medical problems.   He  noted that the  clinic insisted  that any                                                               
pregnant  women  speak  with  an   obstetrician  or  health  care                                                               
provider.  He  offered his belief that the  methadone clinics had                                                               
greater regulation, testing, and control than any others.                                                                       
                                                                                                                                
4:23:45 PM                                                                                                                    
                                                                                                                                
BOB TWILLMAN,  Director of Policy and  Advocacy, American Academy                                                               
of  Pain Management,  stated that  the American  Academy of  Pain                                                               
Management  was  opposed  to  proposed HB  53,  although  it  was                                                               
sympathetic to  the intent to  provide "good care for  people who                                                               
are  on high  dose, long  term,  opioid therapy."   He  expressed                                                               
concern that this  method of intervention would  not be workable,                                                               
would have  unintended negative consequences,  and, based  on the                                                               
Academy's experiences  with similar  legislation in the  State of                                                               
Washington, would not achieve the  goal.  He stated that numerous                                                               
reports  suggested that  primary care  providers would  no longer                                                               
provide pain  medication.   He offered his  belief that  this was                                                               
due to  fear by primary  care providers  for lack of  clarity for                                                               
the rules.   He suggested studying  the long term results  in the                                                               
State of  Washington prior  to passing  legislation.   He pointed                                                               
out  that there  were "access  problems for  people with  pain in                                                               
Washington."   He  briefed that  pain  specialists had  expressed                                                               
concern that  their appointments were filled  with consultations,                                                               
with  the referring  primary care  physicians  assuming that  the                                                               
pain  specialist  would take  care  of  the  patient.   The  pain                                                               
specialists  declared that  the  primary care  doctors would  not                                                               
take the patients  back.  He suggested  some other interventions,                                                               
including full funding of the  prescription monitoring program, a                                                               
requirement that  all dispensers  of pain medication  register to                                                               
access  data from  the program,  and  to allow  delegates of  the                                                               
dispensers to obtain the reports  from the program.  He suggested                                                               
that  the   monitoring  program   send  unsolicited   reports  to                                                               
prescribers  if  any suspicious  behavior  was  detected, and  he                                                               
endorsed  continuing  education  programs for  prescribers  about                                                               
pain  management and  substance abuse  screening, diagnosis,  and                                                               
treatment.    He  observed  that a  commission,  task  force,  or                                                               
interim  study  committee  would   be  a  better  alternative  to                                                               
immediate legislation.                                                                                                          
                                                                                                                                
4:27:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  that  the  proposed solutions  be                                                               
submitted in writing.                                                                                                           
                                                                                                                                
4:27:59 PM                                                                                                                    
                                                                                                                                
RON GREENE,  Clinical Director,  Narcotic Drug  Treatment Center,                                                               
shared  that  there  had  been  not  been  an  overdose  in  this                                                               
methadone   program,  which   he  attributed   to  the   regular,                                                               
unscheduled  urine  tests.   He  declared  that the  majority  of                                                               
people  take prescriptions  as prescribed;  however, there  was a                                                               
portion of  the population  that had  problems with  addiction to                                                               
medication.                                                                                                                     
                                                                                                                                
4:28:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  asked about  the largest  methadone dosage                                                               
prescribed in the program.                                                                                                      
                                                                                                                                
MR. GREENE  replied that the initial  dosage was 30 mg,  but this                                                               
dosage could be increased after  consultation if there were still                                                               
signs of withdrawal.   He declared that there was  not a limit to                                                               
the amount of  methadone.  In response  to Representative Keller,                                                               
he  pointed out  that  there was  always a  risk  for death  with                                                               
prescription medication,  but since  inception of the  program in                                                               
1974, he  had not heard  of any  overdose deaths in  the program.                                                               
He  declared  that  about  10 percent  of  the  methadone  deaths                                                               
occurred after  the initial dose,  hence the  federal regulations                                                               
limiting this to 30 mg.                                                                                                         
                                                                                                                                
4:31:30 PM                                                                                                                    
                                                                                                                                
BARRY  CHRISTENSEN,  Alaska  Pharmacist  Association,  said  that                                                               
pharmacists  filled narcotic  prescriptions daily,  and as  these                                                               
reports were  then submitted each  month to a central  data base,                                                               
the posted  data would  be at  least a month  old.   He expressed                                                               
concern that  proposed HB 53  would require pharmacists  to check                                                               
the  data  base for  every  opioid  prescription, which  included                                                               
cough syrup and  pain pills.  He questioned  the procedure should                                                               
the website  not be operating  or the pharmacy not  have internet                                                               
access.   He  asked about  continued  funding for  the data  base                                                               
program.  He asked that the  Alaska Board of Pharmacy be involved                                                               
with the writing of the regulations regarding pharmacists.                                                                      
                                                                                                                                
4:33:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked if  the governor had  budgeted any                                                               
funding for this program.                                                                                                       
                                                                                                                                
MR. CHRISTENSEN replied that he did not know.                                                                                   
                                                                                                                                
4:34:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON, referring to Version  C, page 13, line 25,                                                               
asked  if his  association  had  any comment  for  making this  a                                                               
mandatory program and its effect.                                                                                               
                                                                                                                                
MR.  CHRISTENSEN  replied  that,  as  Version  C  had  just  been                                                               
released,  there had  not  been  any discussion.    He said  that                                                               
although he  used the data  base whenever  he had a  concern, the                                                               
association was  also concerned  with a  requirement to  check on                                                               
every opiate prescription.                                                                                                      
                                                                                                                                
4:35:59 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS left public testimony open.                                                                                       
                                                                                                                                
4:36:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  that  the sponsor  review page  13,                                                               
line  28,  "or providing  medical  care  to  a person,"  for  any                                                               
unintended consequences.                                                                                                        
                                                                                                                                
4:37:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER,  in response to Representative  Tarr, said                                                               
that, as the sponsor for proposed  HB 53, he would accumulate all                                                               
the suggestions in a proposed blank committee substitute.                                                                       
                                                                                                                                
4:38:15 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS expressed his agreement.                                                                                          
                                                                                                                                
[HB 53 was held over.]                                                                                                          

Document Name Date/Time Subjects
HB053 Sponsor Statement.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Ver A.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 CSHB Ver C.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Sectional Analysis - CSHB-C .pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Fiscal Note-DCCED-CBPL-01-24-13.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Fiscal Note-DHSS-MAA-1-25-13.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Supporting Documents - InteriorAidsLetter 20130128.PDF HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Background - Alaska Opioid Prescribing Policies.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Background - What are Opiates.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Background - What is Prescription Drug Abuse.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Background - Opiate Addiction.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Background - Opiate Definition.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Background - Nonmedical Use of Opiates.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53
HB053 Background - Substance Abuse in Alaska.pdf HHSS 1/31/2013 3:00:00 PM
HHSS 3/26/2013 3:00:00 PM
HB 53