Legislature(2015 - 2016)CAPITOL 106
02/04/2016 03:00 PM House HEALTH & SOCIAL SERVICES
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SB 23-IMMUNITY FOR PROVIDING OPIOID OD DRUG 3:05:28 PM CHAIR SEATON announced that the first order of business would be CS FOR SENATE BILL NO. 23(JUD), "An Act relating to opioid overdose drugs and to immunity for prescribing, providing, or administering opioid overdose drugs." 3:07:15 PM SENATOR JOHNNY ELLIS, Alaska State Legislature, reported that there had been statewide support for the proposed bill, with no known opposition. 3:08:17 PM CHAIR SEATON moved to adopt Amendment 1, labeled 29-S0058\E.6, Wallace, 2/3/16, which read: Page 1, line 1, following "Act": Insert "relating to the practice of pharmacy; relating to the dispensing of opioid overdose drugs by a pharmacist; and" Page 1, following line 3: Insert new bill sections to read: "* Section 1. AS 08.80.030(b) is amended to read: (b) In order to fulfill its responsibilities, the board has the powers necessary for implementation and enforcement of this chapter, including the power to (1) elect a president and secretary from its membership and adopt rules for the conduct of its business; (2) license by examination or by license transfer the applicants who are qualified to engage in the practice of pharmacy; (3) assist the department in inspections and investigations for violations of this chapter, or of any other state or federal statute relating to the practice of pharmacy; (4) adopt regulations to carry out the purposes of this chapter; (5) establish and enforce compliance with professional standards and rules of conduct for pharmacists engaged in the practice of pharmacy; (6) determine standards for recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, including the specification and enforcement of requirements for practical training, including internships; (7) establish for pharmacists and pharmacies minimum specifications for the physical facilities, technical equipment, personnel, and procedures for the storage, compounding, and dispensing of drugs or related devices, and for the monitoring of drug therapy; (8) enforce the provisions of this chapter relating to the conduct or competence of pharmacists practicing in the state, and the suspension, revocation, or restriction of licenses to engage in the practice of pharmacy; (9) license and regulate the training, qualifications, and employment of pharmacy interns and pharmacy technicians; (10) issue licenses to persons engaged in the manufacture and distribution of drugs and related devices; (11) establish and maintain a controlled substance prescription database as provided in AS 17.30.200; (12) establish standards for the independent administration by a pharmacist of vaccines and related emergency medications under AS 08.80.168, including the completion of an immunization training program approved by the board; (13) establish standards for the independent dispensing by a pharmacist of an opioid overdose drug under AS 17.20.085, including the completion of an opioid overdose training program approved by the board. * Sec. 2. AS 08.80.168(b) is amended to read: (b) In this section, (1) "opioid overdose drug" has the meaning given in AS 17.20.085; (2) "related emergency medication" includes an epinephrine injection or other medication for the treatment of a severe allergic reaction to a vaccine. * Sec. 3. AS 08.80.168 is amended by adding a new subsection to read: (c) A pharmacist may independently dispense an opioid overdose drug if the pharmacist has completed an opioid overdose drug training program approved by the board and otherwise complies with the standards established by the board under AS 08.80.030(b). * Sec. 4. AS 08.80.480(27) is amended to read: (27) "practice of pharmacy" means the interpretation, evaluation, and dispensing of prescription drug orders in the patient's best interest; participation in drug and device selection, drug administration, drug regimen reviews, and drug or drug-related research; provision of patient counseling and the provision of those acts or services necessary to provide pharmaceutical care; the administration of vaccines and related emergency medication; the independent dispensing of opioid overdose drugs; and the responsibility for compounding and labeling of drugs and devices except labeling by a manufacturer, repackager, or distributor of nonprescription drugs and commercially packaged legend drugs and devices; proper and safe storage of drugs and devices; and maintenance of proper records for them;" Page 1, line 4: Delete "Section 1" Insert "Sec. 5" Renumber the following bill section accordingly. REPRESENTATIVE VAZQUEZ objected for discussion. CHAIR SEATON explained that the proposed amendment would allow a pharmacist to dispense the opioid overdose drugs independent of a prescription by adding to the responsibilities of the Board of Pharmacy and to the definition of the practice of pharmacy. He pointed out that this proposed amendment added to the title of the proposed bill to include the practice of pharmacy, as well as adding four new Sections, which contained: inclusion of standards for independent dispensing of opioid drug overdose and an opioid overdose training program as the responsibility of the Board of Pharmacy; inclusion of opioid overdose drugs with the definition of emergency medications; allowance for pharmacists to independently dispense opioid overdose drugs if training has been completed and standards of the Board of Pharmacy have been fulfilled; and, inclusion of independent dispensing of opioid overdose drugs in the practice of pharmacy. He reminded the committee that the amendment included a title change for the proposed bill. SENATOR ELLIS noted that other states had already made these changes, that the Fred Meyer stores in the Pacific Northwest were ready to make this drug available, and there appeared to be unanimous favor. 3:11:55 PM REPRESENTATIVE VAZQUEZ removed her objection. There being no further objection, Amendment 1 was adopted. 3:12:10 PM CHAIR SEATON moved to adopt Amendment 2, labelled 29-LS0058\E.4, Wallace, 1/29/16, which read: Page 2, line 5, following "program": Insert "; education and training under this paragraph may be provided by any reasonable means, including through the use of electronic, video, or automated education or training resources" Page 2, line 15, following "program": Insert "; education and training under this paragraph may be provided by any reasonable means, including through the use of electronic, video, or automated education or training resources" REPRESENTATIVE VAZQUEZ objected for discussion. CHAIR SEATON paraphrased from Amendment 2, stating that it was intended to ensure that the training for administration of the opioid overdose drug, required by the proposed bill, could be provided by any reasonable means. 3:12:59 PM REPRESENTATIVE VAZQUEZ removed her objection. There being no further objection, Amendment 2 was adopted. 3:13:22 PM SENATOR ELLIS reflected on the training component mentioned in Amendment 2. He reported that, although the drug was safe and there had not been any problems, he wanted to make sure that people other than medical personnel also had reasonable access to the training. 3:14:15 PM CHAIR SEATON moved to adopt Amendment 3, labeled 29-LS0058\E.3, Wallace, 1/28/16, which read: Page 2, line 20, following "assistant,": Insert "nurse," Page 3, line 15, following "assistant,": Insert "nurse," REPRESENTATIVE VAZQUEZ objected for discussion. CHAIR SEATON explained that Amendment 3 would allow a nurse to provide the required training. 3:14:56 PM REPRESENTATIVE VAZQUEZ removed her objection. There being no further objection, Amendment 3 was adopted. 3:15:30 PM REPRESENTATIVE VAZQUEZ moved to report CSSB 23(JUD), Version 29- LS0058\E, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no further objection, HCS CSSB 23(HSS) was moved from the House Health and Social Services Standing Committee. 3:16:26 PM The committee took an at-ease from 3:16 p.m. to 3:19 p.m. 3:19:19 PM CHAIR SEATON brought the committee back to order, and noted there was also a resolution in support of CSSB 23(JUD) from the Kenai Peninsula Borough [included in members' packets].