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.]