Legislature(2019 - 2020)BUTROVICH 205

02/28/2020 01:30 PM Senate HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 120 ADMINISTRATION OF PSYCHOTROPIC MEDICATION TELECONFERENCED
Heard & Held
-Invited Testimony Followed by Public Testimony-
+ Bills Previously Heard/Scheduled: TELECONFERENCED
*+ SB 179 NURSING: LICENSURE; MULTISTATE COMPACT TELECONFERENCED
Heard & Held
<Bill Hearing Rescheduled from 2/24/2020>
-Invited Testimony Followed by Public Testimony-
        SB 120-ADMINISTRATION OF PSYCHOTROPIC MEDICATION                                                                    
                                                                                                                                
1:30:45 PM                                                                                                                    
CHAIR WILSON announced the consideration of SENATE BILL NO. 120,                                                                
"An Act relating to administration  of psychotropic medication to                                                               
a patient  without the patient's informed  consent; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
He noted  that the committee would  hear an overview of  the bill                                                               
and take invited and public testimony.                                                                                          
                                                                                                                                
1:31:35 PM                                                                                                                    
SENATOR GIESSEL,  speaking as  sponsor of SB  120, said  the bill                                                               
addresses  the administration  of  psychotropic  drugs. She  said                                                               
Alaska Psychiatric  Institute (API) has gone  through some recent                                                               
challenges and  the bill addresses  one of those  challenges, the                                                               
ongoing psychiatrist  shortage in Alaska. Currently,  API has one                                                               
fulltime  year  round  psychiatrist.  Under  current  statute,  a                                                               
psychiatrist  is  the only  person  who  can conduct  an  initial                                                               
assessment of a patient in  a behavioral health crisis and decide                                                               
whether to prescribe a psychotropic medication.                                                                                 
                                                                                                                                
SENATOR  GIESSEL  explained  that psychotropic  medications  help                                                               
calm patients down to make them  safe and to ensure the safety of                                                               
the staff and  other patients. A psychiatric  crisis or emergency                                                               
situation  is  an  acute  disturbance  in  a  person's  behavior,                                                               
thought, or mood.  If left untreated, it may lead  to harm to the                                                               
individual   or  to   others.   A   psychotropic  drug   includes                                                               
olanzapine, chlorpromazine,  and haloperidol to  treat psychosis,                                                               
bipolar  disorder, and  severe  behavioral  health disorders  and                                                               
lorazepam,  a  valium-type  medication   used  to  treat  anxiety                                                               
reactions.                                                                                                                      
                                                                                                                                
SENATOR  GIESSEL  said  API's  mission is  to  provide  the  best                                                               
possible care  for its patients  and the  state needs to  help so                                                               
they  can   better  meet  those   needs.  An   Advanced  Practice                                                               
Registered Nurse  (APRN) or Physician  Assistant (PA)  is present                                                               
when  the psychiatrist  is not  available, observing  any patient                                                               
crisis,  breakdown, or  the  buildup that  leads  to that  crisis                                                               
situation.  These professionals  can  make  an educated  judgment                                                               
about the use  of one of these psychotropic  drugs, but currently                                                               
must call the psychiatrist if he is not at the institute.                                                                       
                                                                                                                                
SB 120  would allow  the APRN  or PA  observing the  patient with                                                               
escalating  behavior  to  make  the  assessment,  diagnosis,  and                                                               
decision   about  whether   to  prescribe   and  administer   the                                                               
medication  without  any  delay.  It  would  remove  an  obsolete                                                               
statute that requires that only  a psychiatrist can order the use                                                               
of psychotropic  medication. The use of  de-escalation techniques                                                               
and the  medications will help  keep patients in a  safe hospital                                                               
setting  where  these patients  can  be  cared for  appropriately                                                               
rather  than being  sent  to a  jail when  their  out of  control                                                               
behavior leads to assault.                                                                                                      
                                                                                                                                
SENATOR GIESSEL  said these medications are  already approved for                                                               
APRNs and PA.                                                                                                                   
                                                                                                                                
1:37:36 PM                                                                                                                    
JANE  CONWAY,   Staff,  Senator   Cathy  Giessel,   Alaska  State                                                               
Legislature, Juneau,  Alaska, gave the sectional  analysis for SB
120.  She noted  that  Amendment 1,  in  members' packets,  would                                                               
address  an  oversight in  the  drafting  of  the bill.  It  adds                                                               
physician assistant in  Section 1, line 12.  Allowing a physician                                                               
assistant to  assess and prescribe psychotropic  medications is a                                                               
crucial part of the bill, she said.                                                                                             
                                                                                                                                
1:38:36 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
1:38:57 PM                                                                                                                    
CHAIR WILSON reconvened the meeting.                                                                                            
                                                                                                                                
MS. CONWAY said  that after an assessment is  made, the patient's                                                               
behavior must  be documented to  explain why other  remedies were                                                               
not  successful   and  the  necessity  to   prescribe  the  drug.                                                               
Subsection  2 removes  the word  "licensed" since  physicians are                                                               
already  licensed. It  adds Advanced  Practice Registered  Nurses                                                               
and Physician Assistants  to the list of those  who can prescribe                                                               
psychotropic medication and outlines how that must be done.                                                                     
                                                                                                                                
MS. CONWAY said subsection (c) on  page 2, line 15, would outline                                                               
the time period,  72 hours, the medication can  be prescribed. AS                                                               
47.30.839 requires a  court order to go  beyond prescribing three                                                               
days, which  is not addressed in  this bill. Section 2  also adds                                                               
transition language and an immediate effective date.                                                                            
                                                                                                                                
1:41:08 PM                                                                                                                    
ALBERT  WALL,  Deputy  Commissioner,  Department  of  Health  and                                                               
Social  Services,  Anchorage,  Alaska,  said SB  120  arose  from                                                               
discussions  with Senator  Giessel on  ways to  improve care  and                                                               
reduce stress on  API's psychiatrists, who are on  call 24/7, 365                                                               
days a year.                                                                                                                    
                                                                                                                                
1:42:17 PM                                                                                                                    
CYNTHIA  MONTGOMERY,   Psychiatric  Nurse   Practitioner,  Alaska                                                               
Psychiatric Institute, Anchorage,  Alaska, said SB 120  is in the                                                               
best   interest  of   patients.  Alaska   has  many   psychiatric                                                               
providers,  but API  is  required to  use  contractors and  locum                                                               
tenens providers to  provide care to the  most seriously mentally                                                               
ill patients  in Alaska. These temporary  psychiatrists are often                                                               
from the Lower 48 and are  not familiar with Alaska's unique laws                                                               
surrounding mental  health. Even when the  patient's primary care                                                               
provider  is present,  if  the provider  is an  APRN  or PA,  the                                                               
registered  nurses  on  duty  must  call  API's  psychiatrist  to                                                               
prescribe any psychotropic medications.                                                                                         
                                                                                                                                
MS.  MONTGOMERY said  that because  the psychiatrist  may not  be                                                               
immediately  available,   the  medication  cannot  be   given  to                                                               
patients  in  a  timely  manner.  The  psychiatrist  may  not  be                                                               
familiar  with the  patient  and may  be  unwilling to  prescribe                                                               
crisis  medication. She  has observed  registered  nurses call  a                                                               
locum  tenens   psychiatrist  and   the  psychiatrist   does  not                                                               
understand the  statutory necessity.  Often, patients are  out of                                                               
control and refuse to take  the offered medications. Allowing the                                                               
patient's  own provider  to prescribe  the medication  is in  the                                                               
best  interest   of  the  patients  and   the  facility.  Besides                                                               
preventing   potential  harm   to  themselves   or  others,   the                                                               
medication  can mitigate  damage  to the  brain during  psychotic                                                               
agitation and aggression. The  Joint Commission Standards require                                                               
that a  licensed, independent practitioner  who is  most familiar                                                               
with the patient be responsible for that patient's care.                                                                        
                                                                                                                                
1:45:52 PM                                                                                                                    
MICHAEL ALEXANDER,  M.D., Chief Psychiatrist,  Alaska Psychiatric                                                               
Institute, Anchorage, Alaska, said  SB 120, the crisis medication                                                               
bill, is  imperative. He is the  only psychiatrist at API  and is                                                               
on call for  20 to 25 days  per month. When API  began to provide                                                               
services,  there  were  only  psychiatrists   on  staff  and  not                                                               
psychiatric nurse  practitioners or physician assistants.  In the                                                               
last 10 years, nurse practitioners  and physician assistants were                                                               
added  to  the  medical  staff.  These  professionals  previously                                                               
prescribed psychotropic medications, but about  a year ago it was                                                               
discovered that  only psychiatrists  could do  so. He  said these                                                               
professionals  are  capable   of  prescribing  and  administering                                                               
psychotropic drugs  and should be  given the opportunity  to care                                                               
for their patients.                                                                                                             
                                                                                                                                
1:47:49 PM                                                                                                                    
CHAIR WILSON opened public testimony on SB 120.                                                                                 
                                                                                                                                
1:48:01 PM                                                                                                                    
MARIEKE HEATWOLE, representing self,  Anchorage, Alaska, said she                                                               
previously worked as a nurse  at Anchorage Psychiatric Institute,                                                               
but  is  currently pursuing  a  degree  as a  psychiatrist  nurse                                                               
practitioner. She echoed the previous  testimony in support of SB
120.  It resolves  a statutory  discrepancy and  ensures patient-                                                               
centered care.                                                                                                                  
                                                                                                                                
1:49:04 PM                                                                                                                    
CHAIR WILSON  closed public testimony  on SB 120 and  solicited a                                                               
motion.                                                                                                                         
                                                                                                                                
1:49:17 PM                                                                                                                    
SENATOR VON IMHOF moved to adopt Amendment 1:                                                                                   
                                                                                                                                
                                                 31-LS0866\S.1                                                                  
                                                         Marx                                                                   
                                                      2/25/20                                                                   
                          AMENDMENT 1                                                                                           
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO: SB 120                                                                                                                 
                                                                                                                                
     Page 1, line 12:                                                                                                           
          Delete "or a registered"                                                                                              
          Insert ", physician assistant, [OR A REGISTERED]"                                                                 
                                                                                                                                
1:49:25 PM                                                                                                                    
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
CHAIR WILSON held SB 120 in committee.                                                                                          

Document Name Date/Time Subjects
SB 120 version A 2.27.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 120
SB 120 Sponsor Statement 1.30.2020.pdf HFIN 3/19/2020 9:00:00 AM
SHSS 2/28/2020 1:30:00 PM
SB 120
SB 120 Fiscal Note DHSS Health Care Svcs 2.20.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 120
SB 179 Fiscal Note DHSS Medicaid Svcs 2.20.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 120 Comparison Flowchart 2-26-2020.pdf HFIN 3/19/2020 9:00:00 AM
SHSS 2/28/2020 1:30:00 PM
SB 120
SB 120 Providence Testimony Support 2-24-2020.pdf SHSS 2/28/2020 1:30:00 PM
SB 120
SB 120 Support Testimony Montgomery 2-18-2020.pdf SHSS 2/28/2020 1:30:00 PM
SB 120
SB 120 Testimony - Support Dr. Alexander received by 2-18-2020.pdf SHSS 2/28/2020 1:30:00 PM
SB 120
SB 120 Testimony Support Heatwole 2-28-2020.pdf SHSS 2/28/2020 1:30:00 PM
SB 120
SB 179 version A 2.5.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 Nurse Licensure Compact Transmittal Letter to President Giessel 02.04.2020.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB179 Section Analysis for (S)HSS.PDF SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 Fiscal Note DCCED CPBL 2.5.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 Fiscal Note DHSS Public Health 2.5.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 Fiscal Note DPS Statewide Support 2.5.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 NLC as a Top-Priority Indicator of Public Health Readiness 2.27.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 USAF Support of Military Families 2.27.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 NurseSB 179 Licensure Compact Presentation for Senate Health and Social Services (2.28.2020) 2.27.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 NLC Fast Facts 2.27.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 Facts about the NLC 2.27.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 NLC Map of Participating States 2.27.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 Survey of Alaska Nurses' View on the NLC (Dec 2019) 2.21.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 Alaska Nurse Licensure Compact 2.27.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 120 Testimony Support APRN Alliance 2-25-2020.pdf SHSS 2/28/2020 1:30:00 PM
SB 120
SB 179 AaNA Letter of Opposition 2.28.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 US Renal Care LOS 2.28.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 120 Letters of Support 2.28.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 120
SB 179 Public Input 2.28.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179
SB 179 Letter of Support AARP 2.19.20.pdf SHSS 2/28/2020 1:30:00 PM
SB 179