Legislature(2013 - 2014)CAPITOL 120

04/14/2014 01:00 PM House JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
--Delayed to 1:30 p.m. Today--
+= HB 315 JURY NULLIFICATION TELECONFERENCED
Heard & Held
+ SB 170 AFFIRMATIVE DEFENSE TO PROSTITUTION TELECONFERENCED
Heard & Held
+ HB 370 AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS TELECONFERENCED
Moved CSHB 370(L&C) Out of Committee
+= SB 173 SYNTHETIC DRUGS TELECONFERENCED
Heard & Held
+ SB 128 ELECTRONIC BULLYING TELECONFERENCED
Moved HCS CSSB 128(JUD) Out of Committee
+ SCR 2 ACQUIRE TONGASS NATIONAL FOREST LAND TELECONFERENCED
Scheduled But Not Heard
+ HB 254 POWERS OF ATTORNEY TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 370-AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS                                                                     
                                                                                                                                
1:42:57 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  first order of business would be                                                               
HOUSE BILL  NO. 370, "An  Act relating to employer  drug testing;                                                               
requiring  the  Alaska  Workers'   Compensation  Board  to  adopt                                                               
regulations   relating   to   the  prescription   of   controlled                                                               
substances  to  employees;  and   limiting  the  prescription  of                                                               
controlled substances to employees."                                                                                            
                                                                                                                                
[Before the committee was CSHB 370(L&C).]                                                                                       
                                                                                                                                
1:43:00 PM                                                                                                                    
                                                                                                                                
KONRAD JACKSON,  Staff, Representative  Kurt Olson,  Alaska State                                                               
Legislature, speaking  on behalf  of Representative  Olson, chair                                                               
of  the  House  Labor  & Commerce  Standing  Committee,  sponsor,                                                               
informed  the committee  HB 370  is an  act relating  to employer                                                               
drug testing and requires the  Alaska Workers' Compensation Board                                                               
to adopt  regulations related to  the prescription  of controlled                                                               
substances.    He  noted  that  two  sections  of  the  bill  are                                                               
especially  important.    One  section  directs  that  should  an                                                               
injured worker require a long-term  opiate prescription, after 90                                                               
days  he/she  may be  subject  to  a  random urinalysis  test  to                                                               
confirm that they  are taking the medication, and to  call for an                                                               
adjustment  in medication,  if needed.   It  has been  found that                                                               
after  90  days or  longer,  a  patient  may  not be  taking  the                                                               
prescriptive dose,  and adjustments  are needed.   The  intent is                                                               
"to  really help  get those  injured workers  well sooner."   Mr.                                                               
Jackson said further  studies indicate that the  long-term use of                                                               
opioids  can lead  to  addiction, and  thus there  is  a need  to                                                               
ensure  that  workers  receive   the  medication  at  the  proper                                                               
strength.   The other important part  of the bill deals  with the                                                               
length of time  for which a Schedule 1 drug  [defined by the U.S.                                                               
Controlled   Substances  Act]   is  prescribed,   and  recommends                                                               
reducing the time  period to a 30-day prescription.   He stressed                                                               
that the  focus of the proposed  legislation is on the  return to                                                               
good health  of the injured  worker for the purpose  of returning                                                               
him/her to productivity.                                                                                                        
                                                                                                                                
1:46:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether  an employer is  required to                                                               
pay  for  more  than  a   90-day  prescription  of  a  controlled                                                               
substance.                                                                                                                      
                                                                                                                                
MR. JACKSON explained  that after 90 days of taking  a Schedule 1                                                               
opiate, a  drug test may be  administered to the worker.   If the                                                               
worker is not taking the  drug, future prescriptions would not be                                                               
paid for under the assumption that  is the patient's choice and a                                                               
change in medication is warranted.   Again, the intent is to help                                                               
doctors  determine the  injured worker's  level of  pain and  the                                                               
proper prescription.                                                                                                            
                                                                                                                                
CHAIR KELLER  said he was  convinced that  there is a  problem in                                                               
the state related  to the use of painkillers,  noting that Alaska                                                               
has the highest cost for Workers' Compensation.                                                                                 
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  whether a  worker is  limited to  a                                                               
prescription  of  30  days  or  if there  can  be  an  additional                                                               
prescription after seeing a doctor.                                                                                             
                                                                                                                                
MR.  JACKSON  said  after  another  visit  with  the  doctor,  an                                                               
additional  prescription can  be written.   He  pointed out  that                                                               
these steps  will "increase  some of the  oversight and  stop the                                                               
large quantities of the opiates from being ... in circulation."                                                                 
                                                                                                                                
1:51:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  Mr. Jackson  whether  the  drug                                                               
Nuvigil is one  of the drugs referred  to in the bill  on page 2,                                                               
lines 7-14, subsections (p) and (q).                                                                                            
                                                                                                                                
MR. JACKSON said he did not know.                                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG disclosed  that  he  is prescribed  the                                                               
drug Nuvigil and may have a conflict of interest.                                                                               
                                                                                                                                
1:52:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  posed  a  scenario in  which  an  injured                                                               
worker  was  instructed by  a  doctor  to  reduce the  amount  of                                                               
medication  whenever  possible, and  the  worker  did, but  later                                                               
there was a  need to return to  the higher dosage.   She said her                                                               
understanding of the bill is that  if a worker tests negative due                                                               
to the  lower dosage, the  employer may not  pay for a  return to                                                               
the higher dosage.                                                                                                              
                                                                                                                                
MR. JACKSON explained  that the bill reduces  the prescription to                                                               
a 30-day supply to ensure  closer interaction between patient and                                                               
physician.   He opined that  all doctors wish patients  to reduce                                                               
the  prescribed  dosage  as  soon   as  possible  to  help  avoid                                                               
addiction.  However, after 90  days, the worker should again talk                                                               
with a  doctor as it is  expected that the worker  would not need                                                               
another prescription.   The  idea [of the  bill] is  to encourage                                                               
patients to  restrict their use  of "heavy narcotics" as  soon as                                                               
possible due to possible addiction  problems and the high cost of                                                               
the drug to the Workers' Compensation system.                                                                                   
                                                                                                                                
CHAIR KELLER asked whether a  worker who is selling his/her drugs                                                               
could take one pill to pass the random drug test.                                                                               
                                                                                                                                
MR.  JACKSON said  that  is  a possibility  and  deferred to  the                                                               
Division  of   Worker's  Compensation,  Department  of   Labor  &                                                               
Workforce Development, for information  on regulations related to                                                               
the administration of the test.                                                                                                 
                                                                                                                                
1:56:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX questioned  whether the  sponsor's concern                                                               
is about doctors who are  overprescribing medications, and if so,                                                               
suggested  the  committee  discuss  the problem  with  the  State                                                               
Medical  Board,  Department  of Commerce,  Community  &  Economic                                                               
Development.  She said she did  not see the difference between an                                                               
injured  worker receiving  Workers' Compensation  and an  injured                                                               
person who does not.                                                                                                            
                                                                                                                                
MR. JACKSON  agreed the  focus of  HB 370 is  on workers  who are                                                               
receiving   Workers'  Compensation.   The  societal   problem  of                                                               
addiction and the overuse of  opiates should be a serious concern                                                               
of everyone; however, this bill seeks  to reduce the high cost of                                                               
drugs to Workers' Compensation.                                                                                                 
                                                                                                                                
CHAIR  KELLER mentioned  a bill  currently in  the House  Finance                                                               
Committee which addresses the problem from a different approach.                                                                
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether state  medical organizations                                                               
have commented on the bill.                                                                                                     
                                                                                                                                
MR.  JACKSON  expressed  his  belief that  the  sponsor  has  not                                                               
received  any  negative  comments  from  the  medical  community.                                                               
Concerns have  been received  from labor  organizations, although                                                               
there has been  previous testimony in support of the  bill in its                                                               
current form from representatives of AFL/CIO and Teamsters.                                                                     
                                                                                                                                
1:59:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  asked   about   the  possible   self-                                                               
incrimination implications  of the bill.   He suggested  that the                                                               
committee  hear  testimony  from   the  Public  Defender  Agency,                                                               
Department of Administration.                                                                                                   
                                                                                                                                
MR.  JACKSON  assured the  committee  that  the  bill is  not  an                                                               
attempt  to  search  for  criminals but  is  focused  on  getting                                                               
workers the level of medication needed.                                                                                         
                                                                                                                                
2:01:46 PM                                                                                                                    
                                                                                                                                
AESHA  PALLESEN,  Assistant  Attorney General,  Labor  and  State                                                               
Affairs  Section,   Civil  Division  (Anchorage),   informed  the                                                               
committee that the language in  the bill states that the negative                                                               
drug  test could  only be  used for  the purpose  of establishing                                                               
that  the employer  may be  able to  refuse to  pay for  a future                                                               
prescription of the drug.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  was  not satisfied  by  the  foregoing                                                               
information because, although  other uses are not  allowed by the                                                               
language in the  bill, other uses must be  prevented under Alaska                                                               
law.   He  asked if  the bill  provides that  the information  is                                                               
confidential,  and  whether  the information  could  "become  the                                                               
fruit of the poisonous tree."                                                                                                   
                                                                                                                                
MS.  PALLESEN advised  that  the state  currently  has a  "pretty                                                               
comprehensive  scheme  addressing  drug and  alcohol  testing  by                                                               
employers"  and the  proposed  subsection of  the  bill would  be                                                               
subject to all  of the conditions and  restrictions [currently in                                                               
law] including  a confidentiality  provision.   To Representative                                                               
Gruenberg's  second  question, she  answered  that  there may  be                                                               
concerns about the criminal implications  of the bill if the test                                                               
result  information  was  used for  criminal  purposes,  but  the                                                               
limitation  on the  allowed  use  of the  negative  drug test  is                                                               
intended to prevent that.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG urged  for  a full  exploration of  the                                                               
possible  implications  to  physician/patient privilege,  and  to                                                               
"the conduit theory."                                                                                                           
                                                                                                                                
2:04:19 PM                                                                                                                    
                                                                                                                                
MIKE  MONAGLE, Director,  Central  Office,  Division of  Workers'                                                               
Compensation,  Department  of   Labor  &  Workforce  Development,                                                               
pointed out that Workers' Compensation  is generally exempt under                                                               
the Health  Insurance Portability and Accountability  Act of 1996                                                               
(HIPPA);  therefore, the  communication between  those conducting                                                               
the  testing  and the  employer  does  not  have the  same  HIPPA                                                               
protection that  "general health"  would have.   Typically,  in a                                                               
Workers' Compensation  action, the  term "employer"  includes the                                                               
employer's insurance  company or  its claims  administrator, thus                                                               
testing under  the proposed provision  would be through  the case                                                               
manager  or claims  administrator  for  the employer's  insurance                                                               
company.                                                                                                                        
                                                                                                                                
CHAIR  KELLER  said  HB  370  would  be  set  aside  for  further                                                               
testimony.                                                                                                                      
                                                                                                                                
[The committee returned to HB 370 later in the meeting.]                                                                        
                                                                                                                                
         HB 370-AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS                                                                     
                                                                                                                                
4:10:10 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  returned the committee's  attention to  the further                                                               
discussion of HB 370.                                                                                                           
                                                                                                                                
[Before the committee was CSHB 370(L&C).]                                                                                       
                                                                                                                                
KONRAD JACKSON,  staff, Representative  Kurt Olson,  Alaska State                                                               
Legislature, speaking  on behalf  of Representative  Olson, chair                                                               
of the House  Labor & Commerce Standing  Committee, sponsor, said                                                               
at  the request  of the  committee,  he contacted  the Office  of                                                               
Public   Advocacy,  Department   of  Administration,   to  answer                                                               
questions.                                                                                                                      
                                                                                                                                
4:11:26 PM                                                                                                                    
                                                                                                                                
RICHARD ALLEN,  Director, Office  of Public  Advocacy, Department                                                               
of Administration, offered to answer questions.                                                                                 
                                                                                                                                
MR. JACKSON  recalled that  Representative Gruenberg  asked about                                                               
"fruit   of  the   poison  tree"   and   the  possible   criminal                                                               
implications of  the drug  testing described in  section 1  of HB
370.                                                                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG   asked  whether  there   are  criminal                                                               
implications within the language of HB 370.                                                                                     
                                                                                                                                
MR. ALLEN answered that  it is "a real stretch to  try to come up                                                               
with any sort  of scenario where this would play  out."  There is                                                               
the  possibility that  if a  person who  had tested  negative was                                                               
later  charged with  the  distribution of  a  narcotic, the  test                                                               
might be used as some sort of circumstantial evidence.                                                                          
                                                                                                                                
4:14:18 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER closed public testimony on HB 370.                                                                                 
                                                                                                                                
4:14:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to   report  CSHB  370(L&C)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  370(L&C)  was                                                               
reported from the House Judiciary Standing Committee.                                                                           

Document Name Date/Time Subjects
HB 315 Opposition Letter~ANDVSA.pdf HJUD 4/14/2014 1:00:00 PM
HB 315
HB 315 Support Letter~Lance Roberts.pdf HJUD 4/14/2014 1:00:00 PM
HB 315
HB 315 Support Letter~Mike Prax.pdf HJUD 4/14/2014 1:00:00 PM
HB 315
HB370 Sectional Analysis.pdf HJUD 4/14/2014 1:00:00 PM
HB 370
HB370 Supporting Documents-Health Partners Opiate Drug Screens.pdf HJUD 4/14/2014 1:00:00 PM
HB 370
HB 370 Support Document~National Council on Compensation Insurance.pdf HJUD 4/14/2014 1:00:00 PM
HB 370
SCR 2 Questions and Answers Posed by (S) Judiciary.PDF HJUD 4/14/2014 1:00:00 PM
SCR 2
SCR 2 Support Document~Report by Alaska Timber Jobs Task Force.PDF HJUD 4/14/2014 1:00:00 PM
SCR 2
SCR 2 Support-Opposition.pdf HJUD 4/14/2014 1:00:00 PM
SCR 2
SCR 2 Opposition Letter~Eric Lee.pdf HJUD 4/14/2014 1:00:00 PM
SCR 2
HCSCSSB 128 (JUD) ver. H Draft.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
SB 128 Leg. Legal Memo~Harassment of vulnerable adults.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
SB 128 Leg. Legal Memo~Legal Issues.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
SB 128 Support Document~Cyberbullying Fact Sheet.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
SB 128 Support Document~Misc. News Articles.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
SB 128 Support Letter~AK Nurses Association.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
CSSB 173 Fiscal Note~PDA Updated.pdf HJUD 4/14/2014 1:00:00 PM
SB 173