SB 158 PHARMACISTS AND PHARMACIES  SENATOR KELLY announced SB 158 to be up for consideration. He asked his aide, Sherman Ernouf, to explain the proposed committee substitute. MR. ERNOUF said he had worked with many people to solve many of the issues embodied in this bill. One change he highlighted was in section 2, page 2, line 8, the liberally construed "to carry out these objectives and purposes" section, because in general everyone thought the bill was too broad. The powers and duties of the Board were altered and the embargo powers were deleted, he added. At the request of Occupational Licensing, the requirement that the secretary give 30 days written notice to all members was deleted and added that the meetings could be held telephonically. The executive secretary position was deleted from the bill giving it a $0 fiscal note. The removal of Board members for cause was returned to its previous form. Old section 13, reciprocity and license transfer, was rewritten because of the administrative problems of trying to compare qualifications in different states from 10 years ago. Licensing of facilities has two new sections that leaves out existing drug facilities. Another section was added to insure that physicians physicians' assistants, advanced nurse practitioners, dispensing opticians, and optometrists will not have to license their facilities as do pharmacies. SENATOR KELLY noted that these folks are the ones they have already given the ability previously in law to dispense drugs. MR. ERNOUF said that was correct and that they are regulated. Number 484 SENATOR SALO asked about dentists. MR. ERNOUF explained that they would be added in the committee substitute. He said that the "controlled substance" clause was added back into the statute, and although it may be redundant with federal legend drugs which includes narcotics and controlled substances, but the thought was that it was a good idea to have the language in statute, also. Old section 20, which is on page 11, line 13, he said, has one sentence added about when the Board places a drug under seal when a pharmacist has had his license suspended or revoked. He said the Board of Pharmacy can stamp a seal, but can't actually confine an area. The Department of Health already has that authority and a sentence has been added saying the Board of Pharmacy shall notify the Department of Health and Social Services to let them know so the enforcement mechanism can come in. Both departments support this issue. Old section 24, on page 12, line 19, exempts physicians' assistants, nurse practitioners, dispensing opticians, optometrists, and dentists (because they are the only ones who are licensed to dole out drugs) from this whole act. Old section 25 has been deleted, because it was imposing on others the record keeping and standard requirements for handling drugs which they are already subject to. SENATOR SALO asked if it was legal in the State of Alaska for a physician to own a pharmacy or to partly own a pharmacy to whom he is recommending his patients and writing prescriptions. CATHERINE REARDON, Director, Division of Occupational Licensing, said it is not currently against the law to own a testing lab, pharmacy, or other facility to which you might be referring patients. The medical statute does have a clause saying that a doctor can be disciplined for violation of "any code of ethics adopted by regulations by the Board" which has not adopted any code of ethics, she said. MS. REARDON informed the committee that the Board members were under review prior to the most recent issue that came up relating to the editorials. The administration is putting quite a bit of time into considering the current members and other possible appointees. She thought they would see decisions coming up quickly on that. She said the issue of record keeping by physicians and other health care practitioners would probably be coming up in the next legislative sessions. There are currently no statutes or regulations which require them to maintain records, with the exception of nurses who have adopted a regulation regarding record keeping. Number 515 SENATOR KELLY asked if the Medical Board served "for cause" or "at the pleasure of." MS. REARDON answered, "at the pleasure of." SENATOR MILLER moved to add "dentist" in the two appropriate places. There were no objections and it was so ordered. SENATOR KELLY moved to adopt the committee substitute to SB 158. There were no objections and it was so ordered. SENATOR SALO moved to pass CSSB 158(L&C) from committee with individual recommendations. There were no objections and it was so ordered.