Legislature(2013 - 2014)BARNES 124

03/26/2014 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 370 AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS TELECONFERENCED
Heard & Held
+= HB 281 PRESCRIPTION WITHOUT PHYSICAL EXAMINATION TELECONFERENCED
Heard & Held
*+ HB 336 ALCOHOL SALES NEAR SCHOOL/CHURCH TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 316 WORKERS' COMPENSATION MEDICAL FEES TELECONFERENCED
Moved CSHB 316(L&C) Out of Committee
         HB 370-AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS                                                                     
                                                                                                                                
3:50:46 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  next 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."                                                                                            
                                                                                                                                
CHAIR OLSON  reported HB  370 was previously  heard on  March 19,                                                               
2014 and the committee took public testimony.                                                                                   
                                                                                                                                
3:50:55 PM                                                                                                                    
                                                                                                                                
ANNA  LATHAM,  Staff,  Representative Kurt  Olson,  Alaska  State                                                               
Legislature, stated  that Section 1 authorizes  employers to drug                                                               
test  injured   workers  for  controlled  substances   listed  in                                                               
Schedule  IA  of   AS  11.71.140  if  the   employees  have  been                                                               
prescribed a controlled substance for  over 90 days as the result                                                               
of  a workplace  injury.    Section 2  would  require the  Alaska                                                               
Workers   Compensation   Board   (AWCB)  to   adopt   regulations                                                               
pertaining  to  the  prescription  of  controlled  substances  to                                                               
implement  Section  3.    Section 3  would  limit  a  physician's                                                               
prescription  of a  controlled substance  listed in  Schedule IA,                                                               
under AS  11.71.140, or  a controlled  opium substance  listed in                                                               
Schedule  III-A under  AS.11.160,  or in  Schedule  V-A under  AS                                                               
11.71.180.  This bill, HB 370,  would discourage the use of long-                                                               
term  opioids by  restricting prescriptions  to a  30-day supply.                                                               
In the  event an  employee's drug test  is positive,  meaning the                                                               
employee is taking  their prescription to manage  pain, no action                                                               
would be taken.   The sole intent  of the bill in  the event that                                                               
an  employee's drug  test report  is  negative would  be to  deny                                                               
payment  of  the  prescription  as   it  relates  to  a  workers'                                                               
compensation claim.                                                                                                             
                                                                                                                                
3:52:25 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON reopened public testimony.                                                                                          
                                                                                                                                
DON ETHERIDGE, Lobbyist, Alaska  State AFL-CIO, expressed concern                                                               
about the drug testing in Section  1.  He asked what would happen                                                               
if an  employee is not  taking the  proper amount of  drugs being                                                               
prescribed for pain  relief.  Although he  understands the intent                                                               
of the bill,  nothing in the bill states that  the claim won't be                                                               
controverted or that  an employee might be ordered to  go back to                                                               
work.   He  related a  scenario in  which a  person had  a broken                                                               
neck, but refused to take  pain medications.  The claims adjuster                                                               
suggested that the worker was not  hurt that bad, even though the                                                               
worker had  four steel plates  in his neck.   He related  his own                                                               
experience with pain medication  post-surgery, such that he might                                                               
take one  or two pills  the first day,  but that he  preferred to                                                               
avoid taking  pain medication.   The ramifications of  not taking                                                               
prescription  drugs should  be  clearly stated  in  the bill,  he                                                               
said.   He  specified that  the AFL-CIO  does not  object to  the                                                               
provision  limiting  prescribed drugs  to  a  30-day limit.    He                                                               
suggested that at  the last hearing the implication  was that all                                                               
injured workers are either drug  addicts or are "peddling" drugs.                                                               
He [did not believe that was the case.]                                                                                         
                                                                                                                                
CHAIR OLSON  responded that he  certainly did  not think so.   He                                                               
voiced his goal is to get employees back to work.                                                                               
                                                                                                                                
MR. ETHERIDGE  related that was his  only concern.  He  said that                                                               
if an employee  is drug tested before employment  or during work,                                                               
that the  employee could  be suspended or  terminated.   He would                                                               
like to  know any  ramifications by the  employer if  the injured                                                               
worker is taking too many or too few prescription drugs.                                                                        
                                                                                                                                
3:55:45 PM                                                                                                                    
                                                                                                                                
RICK  TRAINI,  Business   Representative,  Teamsters  Local  959;                                                               
Member, Alaska  Workers' Compensation Board (WCB),  urged members                                                               
not to support HB  370.  He stated that the focus  of the bill is                                                               
not treatment  directed.  He said  he is serving his  second term                                                               
on the WCB  and has only experienced one instance  of an employee                                                               
not taking prescribed medicine.                                                                                                 
                                                                                                                                
The committee took an at-ease from  3:57 p.m. to 3:59 p.m. due to                                                               
audio problems.                                                                                                                 
                                                                                                                                
3:59:06 PM                                                                                                                    
                                                                                                                                
MR.  TRAINI restated  that he  has experienced  only one  case in                                                               
which an injured employee was not taking prescribed medication.                                                                 
                                                                                                                                
[HB 370 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB316 Draft Proposed Amendment O.5.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Opposing Documents-Letter CompPharma 3-21-2014.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Supporting Documents-Letter Alaska AFL-CIO.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Opposing Documents-Letter Michael Jensen 1-02-2014.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Supporting Documents-Letter AMLJIA 3-01-2014.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Supporting Documents-Letter Express Scripts 3-21-2014.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Supporting Documents-Letter Healthcare Solutions 3-11-2014.PDF HL&C 3/26/2014 3:15:00 PM
HB 316
HB336 ver N.PDF HL&C 3/26/2014 3:15:00 PM
HL&C 4/7/2014 3:15:00 PM
HB 336
HB336 Sponsor Statement.pdf HL&C 3/26/2014 3:15:00 PM
HL&C 4/7/2014 3:15:00 PM
HB 336
HB336 Fiscal Note-DCCED-ABC-03-20-14.pdf HL&C 3/26/2014 3:15:00 PM
HL&C 4/7/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-Meyer Sponsor Statement.pdf HL&C 3/26/2014 3:15:00 PM
HL&C 4/7/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-News Article ADN Conditional Permitting.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-Signed Postcards.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-CHARR Legislative Priorities.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-Hotch Letter.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-Letters-Assorted-Clark Middle School.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-Letters-Assorted-Clark Middle School2.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB281 Draft Proposed Amendment U.1.pdf HL&C 3/26/2014 3:15:00 PM
HB 281
HB281 Draft Proposed Amendment U.3.pdf HL&C 3/26/2014 3:15:00 PM
HB 281
HB370 Fiscal Note-DOA-RM-03-21-14.pdf HL&C 3/26/2014 3:15:00 PM
HB 370
HB370 Supporting Documents-Health Partners Opiate Drug Screens.pdf HL&C 3/26/2014 3:15:00 PM
HB 370
HB281 Opopsing Documents-Letter State Medical Board 3-18-2014.pdf HL&C 3/26/2014 3:15:00 PM
HB 281
HB336 Supportiing Documents-Fairview Business Association.pdf HL&C 3/26/2014 3:15:00 PM
HB 336