Legislature(2013 - 2014)CAPITOL 106

03/26/2013 03:00 PM House HEALTH & SOCIAL SERVICES


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03:04:29 PM Start
03:05:23 PM HB53
04:42:42 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 53 CONSULTATION FOR OPIATE PRESCRIPTION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
           HB 53-CONSULTATION FOR OPIATE PRESCRIPTION                                                                       
                                                                                                                                
3:05:23 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."   [In front of the  committee was Version                                                               
28-LS0177\C,  adopted  as the  working  document  on January  31,                                                               
2013.]                                                                                                                          
                                                                                                                                
3:05:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD moved  to adopt  the proposed  committee                                                               
substitute (CS) for HB 53,  labeled 28-LS0177\Y, Martin, 3/25/13,                                                               
as the  working document.   There being  no objection, it  was so                                                               
ordered.                                                                                                                        
                                                                                                                                
3:05:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER,  as the  sponsor of  proposed HB  53, said                                                               
that he  appreciated the careful  consideration by  the committee                                                               
and  that  he hoped  to  move  the  bill  out of  committee  this                                                               
session.  He directed attention  to the two letters in opposition                                                               
to  the  proposed  bill.  [Included  in  members'  packets]    He                                                               
expressed his respect  for both the groups, and  declared that he                                                               
wanted to resolve  these differences, and move  the proposed bill                                                               
forward.                                                                                                                        
                                                                                                                                
3:07:34 PM                                                                                                                    
                                                                                                                                
CHAIR  HIGGINS  asked  that  Representative  Keller  address  the                                                               
changes in the proposed CS, Version Y.                                                                                          
                                                                                                                                
REPRESENTATIVE  KELLER, in  response,  said that  there had  been                                                               
some misunderstanding based on the  original document, Version A.                                                               
He asked  to first  address the  opposition to  hopefully clarify                                                               
some of these concerns.                                                                                                         
                                                                                                                                
REPRESENTATIVE KELLER,  in reference to the  letter in opposition                                                               
to  proposed   HB  53  from   the  Pharmaceutical   Research  and                                                               
Manufacturers of America (PhRMA)  [Included in members' packets],                                                               
said that PhRMA shared his  concern with "the growing non-medical                                                               
use of  prescription drugs."   He  clarified that  this, however,                                                               
was not the intent of proposed HB  53, as the bill was focused on                                                               
the legal  use or misuse  of prescription drugs, although  it did                                                               
indirectly  address   the  illegal  abuse.     He  expressed  his                                                               
agreement with the statement in  the letter, "PhRMA believes that                                                               
all  participants  in  the drug  manufacturing  and  distribution                                                               
system must  participate in  the efforts to  reduce the  abuse of                                                               
prescription drugs."   He  stated that the  direct intent  of the                                                               
proposed  bill  was to  address  medical  use and  the  resulting                                                               
addictions.    He directed  attention  to  the reference  in  the                                                               
letter to the State of  Washington legislation, which had created                                                               
a difficulty  for patients to  access pain treatment.   He stated                                                               
that  there was  "raw evidence"  that the  addiction problem  was                                                               
increasing.    He  asked  that  PhRMA  reconsider  its  concerns,                                                               
especially for the shortage of  pain specialists in Alaska, which                                                               
he declared had been addressed in  Version Y.  He pointed to page                                                               
3,   paragraph  1,   of  the   opposition  letter,   which  read:                                                               
"Therefore, education about the  possibility of addiction and how                                                               
to work  with patients  to prevent addiction  would be  much more                                                               
beneficial."   He  declared  that  this was  a  goal of  proposed                                                               
Version Y.   He stated  that there was  now a lot  of information                                                               
on-line.  He directed attention  to another letter of opposition,                                                               
and expressed agreement  that there had been an  oversight in the                                                               
original bill, Version A, but that this had now been addressed.                                                                 
                                                                                                                                
3:12:08 PM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature, explained that Version  Y corrected changes that had                                                               
been  "inadvertently missed"  in the  previous working  document.                                                               
He noted  some of  the changes  included in Version  C:   page 3,                                                               
line 3, a medical professional  could designate a member of staff                                                               
to check  the database, and the  language "or more" was  added to                                                               
the milligrams of  morphine equivalent; page 3,  line 12, changed                                                               
from four  weeks to six weeks  after major surgery as  this was a                                                               
more  realistic  time  frame;  page   4,  line  27,  allowed  the                                                               
controlling  boards  to  write  regulations  to  administer  pain                                                               
management in each of their areas  of expertise; page 4, line 30,                                                               
allowed  the  individual  boards   to  determine  the  continuing                                                               
education requirements for a pain  management specialist; page 7,                                                               
lines  14 and  17,  added  "or more";  page  8,  line 1,  changed                                                               
language for  end of life care  and the need for  larger doses of                                                               
opiates for a longer period of  time for cancer patients; page 8,                                                               
[line  18] used  language  in existing  statute  to define  nurse                                                               
anesthetist;  page  9,  line  28,  explained  the  guidelines  of                                                               
regulations for  nurse practitioners  and anesthetists;  page 13,                                                               
[line 2] listed  grounds for denial; page 14,  [line 12] included                                                               
failure  to check  the database;  and  pages 16  and 17  included                                                               
requirements  for  the methadone  clinics.    He noted  that  the                                                               
clinics were  not included as  pain management  specialists, were                                                               
required  to provide  their patient  information to  the database                                                               
for access by  local emergency rooms, and would  require that the                                                               
physician  in charge  of the  methadone clinic  act as  a primary                                                               
care  physician  for  any methadone  program  patient  without  a                                                               
primary care physician.                                                                                                         
                                                                                                                                
3:18:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON, referring  to page  3, lines  11 and  12,                                                               
offered  his belief  that the  proposed  bill only  applied to  a                                                               
patient after 6 weeks, and he  asked if there was any application                                                               
to the patient prior to this time period.                                                                                       
                                                                                                                                
MR. POUND expressed his agreement  that there was not application                                                               
until that point.                                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON pointed to the  exclusions on page 3, lines                                                               
24, 26,  27, and  30, and  to page 4,  line 3,  as well  as other                                                               
areas in the  proposed bill, and asked to whom  the proposed bill                                                               
would apply.                                                                                                                    
                                                                                                                                
3:21:00 PM                                                                                                                    
                                                                                                                                
MR.  POUND, in  response,  said that  there  were situations  and                                                               
individuals who  took more  than 120 mg/day  of opiates  for pain                                                               
relief,  and  that  the  proposed  bill  would  let  the  medical                                                               
professionals make the decision for  the necessary dosage and for                                                               
the  necessity   for  consultation   with  the   pain  management                                                               
specialist.                                                                                                                     
                                                                                                                                
3:22:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON, pointing  to  all  the exemptions,  asked                                                               
about the scope of patients included under the proposed bill.                                                                   
                                                                                                                                
3:23:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  explained  that  the  proposed  bill  was                                                               
attempting  to  accommodate  all  the interests  in  the  medical                                                               
profession,  and that  the remaining  patients were  those on  an                                                               
increasing dosage of  pain medication opiates and  were in danger                                                               
with a  risk to their  life.  He stated  that a dosage  above 120                                                               
mg/day increased  the risk for  death and that the  proposed bill                                                               
applied to those  people "inadvertently being lead  into the trap                                                               
of addiction."                                                                                                                  
                                                                                                                                
3:25:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   asked  how  often  that   dentists  were                                                               
prescribing more  than six weeks  of opiate drugs to  Alaskans in                                                               
the aforementioned category.                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER suggested  that he  ask the  dentists, and                                                               
that this was the intent of the new database.                                                                                   
                                                                                                                                
3:26:34 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS,  in response as  a dentist, explained that  a high                                                               
dosage of  opiates for a  long period  of time was  necessary for                                                               
pain management  of temporomandibular  joint disorders,  and that                                                               
most of these patients were referenced to oral surgeons.                                                                        
                                                                                                                                
REPRESENTATIVE SEATON  stated that  he was seeking  to understand                                                               
the breadth of the problem.                                                                                                     
                                                                                                                                
CHAIR HIGGINS, in  response as a dentist, said that  he might see                                                               
one  or  two  of  these  patients each  year,  and  he  suggested                                                               
multiplying  that  by the  number  of  dentists  in Alaska.    He                                                               
pointed out that  once he had done whatever he  felt possible, he                                                               
would then  recommend the  patient for surgery.   He  stated that                                                               
occasionally pain management was the only solution.                                                                             
                                                                                                                                
REPRESENTATIVE  SEATON commented  that he  would like  to get  an                                                               
idea  of  the extent  of  this  problem  within all  the  medical                                                               
professions.                                                                                                                    
                                                                                                                                
3:29:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER suggested  that Representative  Seaton ask                                                               
the Department of Health and Social Services.                                                                                   
                                                                                                                                
REPRESENTATIVE REINBOLD  opined that  "this is  a tough  issue to                                                               
talk about because  we're not experts."  She stated  that she did                                                               
not  "want to  shackle  providers, yet,  I  am really  concerned.                                                               
I've  heard of  many cases  out  in the  community where  kids'll                                                               
break their  leg skiing  and end up  getting addicted  to these."                                                               
She declared  it to be a  serious issue.  She  expressed her hope                                                               
that  the  bill  had not  been  so  watered  down  as to  not  be                                                               
effective,  and she  offered her  belief that  the six  week time                                                               
period  was a  long time.   She  asked for  expert, well  rounded                                                               
testimony that could  also offer other options  to discourage the                                                               
use of opiates.                                                                                                                 
                                                                                                                                
3:30:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR   asked  the   sponsor  if  he   would  seek                                                               
adjustments to the fiscal note if the database was not funded.                                                                  
                                                                                                                                
REPRESENTATIVE KELLER  replied that the database  was, overall, a                                                               
very useful  tool and that the  database was in danger  from lack                                                               
of funding.  He shared that he had  not chosen to offer a bill to                                                               
include funding  for the database,  offering his belief  that the                                                               
use of the database was  broader, bigger, and more important than                                                               
the proposed  bill.  He  declared a  need for the  legislature to                                                               
address funding for the database.                                                                                               
                                                                                                                                
3:32:24 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS pointed  out the importance of the  database to the                                                               
proposed bill.   He stated that, should funding  for the database                                                               
disappear,  the  proposed  bill  was negated.    He  shared  that                                                               
funding for  the database would  be terminated on June  30, 2013,                                                               
and that  he was not aware  of any proposal to  continue funding.                                                               
He suggested  that Representative Keller table  the proposed bill                                                               
until funding  for the database  could be obtained,  opining that                                                               
this was bad  legislation without the database,  and that funding                                                               
for the database could be difficult.                                                                                            
                                                                                                                                
REPRESENTATIVE KELLER  replied that he  would prefer to  have the                                                               
proposed bill  moved forward,  as it  brought more  awareness for                                                               
the significance  of the database.   He affirmed that he  did not                                                               
view a hold on the proposed bill as a hostile act.                                                                              
                                                                                                                                
3:34:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON directed  attention to page 3,  line 5, and                                                               
asked when these grounds for discipline would go into effect.                                                                   
                                                                                                                                
3:36:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KELLER  expressed   his   agreement  that   some                                                               
clarification language  could be necessary.   He opined  that the                                                               
intent was  to not indiscriminately prescribe  medication without                                                               
knowledge  of  the current  prescription  dosage  levels for  the                                                               
patient.  He stated that a  patient under the care of a physician                                                               
could have good reason for  long term dosage for pain management.                                                               
He offered his  belief that there should be a  consequence to the                                                               
treating  physician  if  a high  dosage  was  prescribed  without                                                               
checking the database.                                                                                                          
                                                                                                                                
3:37:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked to clarify that  consultation with a                                                               
pain management specialist  was required for any  usage more than                                                               
six weeks; and, if you were  a dentist, it was necessary to check                                                               
the controlled  substance prescription database, although  he was                                                               
unsure what was to be verified in the database.                                                                                 
                                                                                                                                
3:38:05 PM                                                                                                                    
                                                                                                                                
CHAIR  HIGGINS  clarified  that  this  database  check  would  be                                                               
required for  all health care  providers, although page 3  of the                                                               
proposed bill only referenced dentists.                                                                                         
                                                                                                                                
CHAIR  HIGGINS  explained  that  the  database  was  key  to  the                                                               
proposed bill, and  that his understanding for the  intent of the                                                               
proposed  bill was  for the  health  care provider  to check  the                                                               
database to ensure  that the patient was not  already receiving a                                                               
prescription  of more  than  120 mg/day  of  opiate from  another                                                               
provider.  He  clarified that this was not limited  to a database                                                               
check  after six  weeks.   After  six weeks  of prescription,  it                                                               
became  necessary  for   the  patient  to  confer   with  a  pain                                                               
management  specialist  before  any more  prescription  could  be                                                               
written.                                                                                                                        
                                                                                                                                
REPRESENTATIVE KELLER expressed his agreement.                                                                                  
                                                                                                                                
CHAIR  HIGGINS  directed attention  to  page  10, line  8,  which                                                               
offered regulations  which defined procedures for  board approval                                                               
of advanced  nurse practitioners  and nurse  anesthesiologists as                                                               
pain  management  specialists.     He  asked  how   it  would  be                                                               
guaranteed that 30 percent of  a practice was for pain management                                                               
care, as stated in  the proposed bill.  He also  asked how it had                                                               
been determined that 30 percent was the optimal amount of time.                                                                 
                                                                                                                                
3:40:25 PM                                                                                                                    
                                                                                                                                
MR. POUND replied  that, as many medical  professionals worked 30                                                               
percent of their  time in pain management, this  had been adopted                                                               
as the benchmark.                                                                                                               
                                                                                                                                
CHAIR  HIGGINS  asked  how  it had  been  determined  that  these                                                               
medical professionals  worked 30  percent of  their time  in pain                                                               
management.                                                                                                                     
                                                                                                                                
MR.  POUND  offered his  belief  that  this  was in  response  to                                                               
questions from the [state] medical board.                                                                                       
                                                                                                                                
REPRESENTATIVE  KELLER declared  that the  intent of  the sponsor                                                               
was to give discretion to  the various boards to set "appropriate                                                               
and responsible levels."  He  directed attention to page 10, line                                                               
5, which  discussed continuing education "in  an amount specified                                                               
by the  board."  He  declared that this  was a good  faith effort                                                               
for  the  various boards  to  adjust  the appropriate  levels  of                                                               
training, in order  to stop the increase of  addiction related to                                                               
opiates.                                                                                                                        
                                                                                                                                
3:41:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON stated  that he was unclear  for the intent                                                               
of page  10, lines 8-9.   He directed  attention to page  9, line                                                               
28, which allowed  the board "to adopt regulations  to define the                                                               
procedure  for  the board  to  approve"  a nurse  anesthetist  or                                                               
advanced nurse practitioner as a  pain specialist; yet, moving on                                                               
to page 10, lines 1-5, he  pointed out that it was also necessary                                                               
to obtain a  certification in pain management  from an accredited                                                               
agency, with a  minimum of three years of  clinical experience in                                                               
pain management, and  to receive continuing education.   He asked                                                               
the reason for all of the above  to be denied if a person was not                                                               
in a practice which consisted of 30 percent of pain management.                                                                 
                                                                                                                                
REPRESENTATIVE  KELLER suggested  that Representative  Seaton ask                                                               
the professionals.                                                                                                              
                                                                                                                                
3:43:53 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:43 p.m. to 3:47 p.m.                                                                       
                                                                                                                                
3:47:27 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS brought the committee back to order.                                                                              
                                                                                                                                
3:47:51 PM                                                                                                                    
                                                                                                                                
MARJORIE  POWELL,  PhRMA,  announcing that  she  represented  the                                                               
pharmacists, asked  to make some additional  points, beyond those                                                               
addressed in  the PhRMA letter  titled, "In Opposition  of Alaska                                                               
House Bill  53, March 26, 2013,"   which is included  in members'                                                               
packets.   She  said  that PhRMA  was  concerned whenever  anyone                                                               
abused prescription medicine, especially  when those patients who                                                               
had  temporary  or  permanent pain  became  addicted  and  abused                                                               
medication.   She explained  that some  chronic pain  was treated                                                               
with stable  doses of medications, although,  over time, patients                                                               
could  need  increased dosages.    She  declared that  PhRMA  was                                                               
concerned that  there had not been  consistent provider education                                                               
to identify  those individuals with a  tendency toward addiction,                                                               
and to offer an alternative  treatment to prevent the development                                                               
of addiction.   She relayed that PhRMA had worked  with groups to                                                               
develop  provider  educational  material   for  all  health  care                                                               
professionals  who prescribe  potentially addictive  medications.                                                               
She  declared  the  importance  for  the  ability  to  prescribe,                                                               
identify, and work with these  medications.  She pointed out that                                                               
there  were  techniques  which  could be  applied  by  a  general                                                               
practitioner.   She  declared that  PhRMA supported  the National                                                               
Governors  Association,  which,  when   reviewing  the  abuse  of                                                               
prescription   drugs,   had   determined   the   importance   for                                                               
educational  materials  to  all   health  care  providers.    She                                                               
recommended  that,   as  Alaska  only  had   18  accredited  pain                                                               
specialists, there should  be a more general  requirement for all                                                               
health  care   providers  to  obtain  educational   training  and                                                               
techniques   for  identification   and  interaction   with  those                                                               
patients  at  risk of  addiction.    She  pointed out  that  many                                                               
Alaskans  would  not  have  access  to  pain  specialists.    She                                                               
reported that  the pharmaceutical industry was  researching abuse                                                               
resistant formulas for medications.                                                                                             
                                                                                                                                
3:54:12 PM                                                                                                                    
                                                                                                                                
MS. POWELL said  that states with operating  databases which were                                                               
accessible to  medical providers  other than the  prescribers had                                                               
determined this "to  be very helpful in  identifying patients who                                                               
may be, in fact, coming to a doctor  just to try and get the pain                                                               
medication."    She  declared  that   one  of  the  problems  for                                                               
databases in many  states was that Veterans Affairs  data was not                                                               
currently included as federal  regulations prohibited the release                                                               
of this data.  She noted that  there was an effort to adjust this                                                               
regulation.    She  emphasized  the  necessity  for  funding  the                                                               
database  and for  a  regular  update to  the  information.   She                                                               
extolled  the  benefit  for   offering  more  continuing  medical                                                               
education on  long term  pain to  all health  care professionals.                                                               
She  shared a  personal anecdote  about her  family members  with                                                               
chronic pain, noting  that this legislation would  require all of                                                               
them to see  a pain specialist, necessitating  very difficult and                                                               
painful travel.                                                                                                                 
                                                                                                                                
3:58:18 PM                                                                                                                    
                                                                                                                                
LESLEY  DEJARAY,  Nurse Practitioner,  said  that  she wanted  to                                                               
share the realities  of working as a nurse  practitioner in rural                                                               
Alaska.   She  explained that  the  services in  the region  were                                                               
limited, and that the majority of  service was in Anchorage.  She                                                               
pointed to  the six  week requirement in  the proposed  bill, and                                                               
stated that a  referral request would not even be  scheduled in a                                                               
foreseeable time span.   She noted that the usual  time frame for                                                               
a  scheduled  appointment  with a  specialist  was  about  twelve                                                               
weeks.  She expressed her support for the database.                                                                             
                                                                                                                                
4:01:09 PM                                                                                                                    
                                                                                                                                
PATRICIA  SENNER,   Alaska  Nurses  Association,   expressed  her                                                               
gratitude  for  the  inclusion   of  nurse  anesthetists  to  the                                                               
proposed  bill,  as  they  were   commonly  the  pain  management                                                               
specialists.  She declared her  agreement with many of the points                                                               
made by PhARMA.  She  reported that the Alaska Nurses Association                                                               
was in support  of the prescription drug monitoring  system.  She                                                               
stated that each person accessing  the database should have their                                                               
own  access code.    She  suggested that  the  financing for  the                                                               
database  be  split  between  the licensing  fees  and  a  public                                                               
protection department.                                                                                                          
                                                                                                                                
4:03:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  if she  would support  inclusion of                                                               
the provision  requiring that  30 percent  of a  current practice                                                               
was  in  pain  management  care,   or  would  the  provision  for                                                               
accredited certification  as a pain management  specialist, three                                                               
years  of   clinical  practice,   and  continuing   education  be                                                               
sufficient.                                                                                                                     
                                                                                                                                
MS. SENNER replied that, as  the role of nurse anesthetists would                                                               
often only  have 10  percent of its  practice in  pain management                                                               
care, she would support elimination of this requirement.                                                                        
                                                                                                                                
4:05:21 PM                                                                                                                    
                                                                                                                                
CHAIR  HIGGINS  expressed agreement  for  the  importance of  the                                                               
database,  although  he would  not  support  an increase  to  his                                                               
dental professional fees.                                                                                                       
                                                                                                                                
4:05:55 PM                                                                                                                    
                                                                                                                                
JOE CHANDLER, M.D., AA Spine &  Pain Clinic, reported that he had                                                               
shared the  proposed bill with  other providers,  including those                                                               
in his clinic, and asked for  their feedback.  He emphasized that                                                               
he had  not received  any good  responses, and  he pointed  to 50                                                               
problems in the bill.   He questioned the unexpected consequences                                                               
from the proposed  bill, and, pointing to  similar problems which                                                               
resulted  after  passage  of  a  similar bill  in  the  State  of                                                               
Washington,  stated  that  these  problems  needed  to  first  be                                                               
resolved.  He  emphasized that the proposed bill  needed a sunset                                                               
clause,  as  there was  not  any  secure  database funding.    He                                                               
declared  that the  proposed bill  should  not be  passed out  of                                                               
committee.                                                                                                                      
                                                                                                                                
4:08:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  asked Dr.  Chandler for  his determination                                                               
to  whether there  was  a  problem with  addiction  and abuse  of                                                               
opiates, and  if so, would  a solution best be  addressed through                                                               
the use of  a prescription database.  He asked  if there were any                                                               
other creative solutions.                                                                                                       
                                                                                                                                
4:10:02 PM                                                                                                                    
                                                                                                                                
DR. CHANDLER  offered his  belief that  the regulation  of people                                                               
was difficult.   He expressed  his agreement with the  problem of                                                               
addiction  to  prescription  drugs,  and  he  declared  that  the                                                               
database was  very important.  Regarding  addiction, he explained                                                               
that  2  percent  of the  population  was  genetically  programed                                                               
toward addiction,  which he deemed  to be  quite rare.   He noted                                                               
that those  with mental health  issues were "all thrown  onto the                                                               
streets fifty  years ago.  We  have no mental health  care in the                                                               
country now,  and that's  why we have  such a  homeless problem."                                                               
He declared that all the people  on the street with chronic pain,                                                               
cancer, and other  medical issues needed care.   He declared that                                                               
an obligation  of medicine was to  take care of people,  and that                                                               
the proposed  bill could become another  "insane... medical care"                                                               
regulation, especially without a sunset clause to get rid of it.                                                                
                                                                                                                                
4:12:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD   expressed  her  concern   with  opiate                                                               
addiction, and said  "I've even heard about it in  kids, ya know,                                                               
just breaking  their leg."  She  declared that she did  not "want                                                               
to shackle  the providers" but  there was  a need to  address the                                                               
opiate  issues.   She  offered  her belief  that  the first  line                                                               
providers  did  not understand  the  long  term consequences  and                                                               
effects to  families and communities.   She expressed  her belief                                                               
for mandatory continuing medical education (CME) for providers.                                                                 
                                                                                                                                
DR. CHANDLER,  in response, said  that "common sense is  not very                                                               
common."   He  offered an  example of  several patients  in rural                                                               
Alaska who  all took  medications over  120 mg.   He was  able to                                                               
consult with  them using Skype, whereas  the regulations required                                                               
a  face-to-face  meeting with  the  primary  care provider.    He                                                               
declared that  these face-to-face meetings were  not feasible for                                                               
patients  in  rural Alaska,  other  than  through Skype  or  some                                                               
similar communication.   He  expressed concern  for unenforceable                                                               
and  unintended   consequences  from  the  proposed   bill.    He                                                               
questioned how  people could  get the  three years  of experience                                                               
necessary  to be  a provider.   He  declared that  people without                                                               
access to pain providers would  have problems.  He announced that                                                               
it was not  possible to regulate common sense.   He reported that                                                               
the current  educational curriculum  in medical schools  for pain                                                               
management was less  than one week.  He asked  what would be used                                                               
to measure the  effects of the proposed bill.   He reported that,                                                               
as the  recidivism rate  for addicts  was between  92-96 percent,                                                               
there was little  funding and the problems would  not be resolved                                                               
quickly.                                                                                                                        
                                                                                                                                
4:17:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked Dr. Chandler  to "send us  a list,                                                               
if you  could help  us salvage  this bill; if  not, if  you could                                                               
help us  solve this problem."   She suggested mandatory  CMEs, or                                                               
fundraising for the database.                                                                                                   
                                                                                                                                
DR.  CHANDLER affirmed  that it  was  "a very  good thing  you're                                                               
trying to do."  He pointed  out that his medical practice was for                                                               
chronic pain, and that addiction  was a much more difficult issue                                                               
to deal with.   He opined that, of his  7,000 active patients, at                                                               
least half had  medication dosages in excess  of those referenced                                                               
in  the proposed  bill.    He reported  that  his patients,  once                                                               
referred  to his  clinic,  would never  return  to their  primary                                                               
physician, thereby  consigning to  his clinic  the responsibility                                                               
for primary  care, as most  of the patients received  Medicare or                                                               
had  no ability  to  make  payments.   He  pointed  out that  the                                                               
problem was far  more extensive than merely  solving "the problem                                                               
of kids  that are addicted."   He  declared that addiction  was a                                                               
problem  throughout the  country, and  that he  did not  have any                                                               
answers.                                                                                                                        
                                                                                                                                
4:19:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked if Dr.  Chandler would forward to the                                                               
committee the suggestions he had collected.                                                                                     
                                                                                                                                
DR. CHANDLER agreed to summarize and then submit them.                                                                          
                                                                                                                                
4:20:17 PM                                                                                                                    
                                                                                                                                
DR.  CHANDLER,  in response  to  Representative  Tarr, said  that                                                               
almost  100 percent  of  his patients  with  pain medications  in                                                               
excess of 120 mg/day were under long term care management.                                                                      
                                                                                                                                
4:21:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER,  directing attention  to page 5,  line 10,                                                               
clarified  that  there  were  other means  for  becoming  a  pain                                                               
management  specialist, and  that this  left broad  discretion to                                                               
the board.                                                                                                                      
                                                                                                                                
DR. CHANDLER  replied that it  had been  suggested to him  that a                                                               
pain specialist  should have a minimum  of 50 percent or  more of                                                               
business in pain management.                                                                                                    
                                                                                                                                
4:23:48 PM                                                                                                                    
                                                                                                                                
JUDITH   DEARBORN,  President,   Alaska   Association  of   Nurse                                                               
Anesthetists, expressed appreciation  that nurse anesthetists and                                                               
nurse  practitioners were  included in  the proposed  bill.   She                                                               
pointed out that nurse anesthetists  were more practiced in acute                                                               
and chronic pain management.                                                                                                    
                                                                                                                                
4:25:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  asked if her  association would  now support                                                               
the proposed bill.                                                                                                              
                                                                                                                                
MS.  DEARBORN, in  response, said  that although  the association                                                               
had been most concerned with  inclusion, it had concerns with the                                                               
proposed bill, emphasizing that the  bill should be reviewed more                                                               
clearly and carefully.                                                                                                          
                                                                                                                                
4:26:30 PM                                                                                                                    
                                                                                                                                
EVA STASSEN,  Family Nurse Practitioner, American  Association of                                                               
Nurse  Practitioners,  Alaska   Nurse  Practitioner  Association,                                                               
reported that  nurse practitioners  in Alaska  provided a  lot of                                                               
primary care, especially  in rural Alaska.  She  shared that they                                                               
had  a  lot  of  chronic  pain patients.    She  pointed  to  the                                                               
difficulty of access  to pain management specialists.   She asked                                                               
how the  specialists would be reimbursed  for services, including                                                               
telephonic conversations.   She asked  if there was any  data for                                                               
costs involved to  implement the new programs.   She acknowledged                                                               
a problem  for the proposed bill  with the loss of  the database.                                                               
She affirmed  that the  database needed to  be updated  much more                                                               
often, and  that there needed to  be a separate sign  on for each                                                               
designee.   She  asked who  the  designees should  include.   She                                                               
noted a  conflict with  the database rule  to check  the database                                                               
before prescriptions.   She asked  about the  described penalties                                                               
for not  checking the database,  stating that this should  not be                                                               
grounds for license  revocation.  She asked what  would happen if                                                               
the treating prescriber did not  agree with the recommendation of                                                               
the pain  specialist.  She  asked if  patients on a  stable, non-                                                               
escalating dose for a long  period of time would be grandfathered                                                               
in, or now be required to see  a pain specialist.  She asked what                                                               
was defined  as a  reasonable attempt  to obtain  a consultation.                                                               
She  confirmed  that there  was  a  problem  with abuse  of  pain                                                               
medications, and that the database was a good starting point.                                                                   
                                                                                                                                
4:33:15 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS asked who would be in control of the database.                                                                    
                                                                                                                                
4:33:47 PM                                                                                                                    
                                                                                                                                
DON HABEGER,  Director, Division  of Corporations,  Business, and                                                               
Professional  Licensing,  Department  of  Commerce,  Community  &                                                               
Economic  Development, explained  that  his  division raised  the                                                               
licensee fees  when an  adjustment for  a program  was necessary.                                                               
He clarified that the prescription  drug database was overseen by                                                               
the Board of  Pharmacy, and that its federal  grant funding would                                                               
be depleted  on August 31, 2013,  and that the Board  of Pharmacy                                                               
would  then  be  required  to notice  the  legislature  that  the                                                               
funding would  cease.   He relayed that  the database  could then                                                               
become an  unfunded mandate, although  the Board of  Pharmacy had                                                               
already informed  his division  that it did  not wish  to support                                                               
the  database   through  licensing   fees.    He   reported  that                                                               
regulations for fee increases had  determined that the cost could                                                               
not be shared  across programs, but had to be  self-funded by the                                                               
licensees.   He  concluded that,  if there  were no  changes, the                                                               
database program would cease at the end of August.                                                                              
                                                                                                                                
4:36:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR asked  if the database costs  could be spread                                                               
across  the licensing  fees  of the  many  health care  providers                                                               
affected by this proposed bill.                                                                                                 
                                                                                                                                
MR. HABEGER replied that it would  be necessary to change the law                                                               
to  allow  this,  and,  if  possible, it  would  also  require  a                                                               
discussion with the remainder of the targeted licensees.                                                                        
                                                                                                                                
4:37:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON directed attention to  page 16, lines 9 and                                                               
12,  and asked  if  this  was irrelevant  or  illegal as  federal                                                               
statutes  required an  initial  baseline  dosage of  30  mg.   He                                                               
directed attention to page 16, line  27 of Version Y, which read:                                                               
"a health  care professional who  oversees the  administration of                                                               
an opiate to a patient for  treatment of drug abuse shall conduct                                                               
an  in-person  consultation  with   the  patient's  primary  care                                                               
provider..."   Noting  that this  consultation needed  to be  six                                                               
months after  the start of  treatment and every six  months after                                                               
that,  he  observed  that  it was  difficult  to  schedule  these                                                               
interviews  with a  primary care  provider, offering  his opinion                                                               
that this was  not a "workable scenario."  He  addressed page 17,                                                               
line 4, which  offered an alternative to a  primary care provider                                                               
for  the patient  screening,  and  he stated  that  this did  not                                                               
exclude, or  address, the  requirements previously  mentioned for                                                               
an in-person consultation.                                                                                                      
                                                                                                                                
4:40:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON noted that  other questions had been raised                                                               
regarding the  sharing of  data, in  concern for  compliance with                                                               
Health Insurance Portability and  Accountability Act (HIPAA).  He                                                               
shared  that a  question  had  also been  raised  for  who had  a                                                               
greater  understanding,  physicians  or administrators,  for  the                                                               
prescribed   dosages.     He  noted   that  this   also  required                                                               
consideration  for the  differences in  treatment for  drug abuse                                                               
and pain management.                                                                                                            
                                                                                                                                
4:42:20 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS left public testimony open.                                                                                       
                                                                                                                                
[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 Y.pdf 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
HB053 Opposing Document - PhRMA.pdf HHSS 3/26/2013 3:00:00 PM
HB 53