Legislature(2017 - 2018)GRUENBERG 120

04/03/2017 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 172 INDUSTRIAL HEMP PRODUCTION LICENSES TELECONFERENCED
Moved CSHB 172(JUD) Out of Committee
-- Public Testimony --
+= HB 43 NEW DRUGS FOR THE TERMINALLY ILL TELECONFERENCED
Moved CSHB 43(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
             HB 43-NEW DRUGS FOR THE TERMINALLY ILL                                                                         
                                                                                                                                
2:36:50 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL NO.  43, "An Act relating  to prescribing, dispensing,                                                               
and  administering an  investigational drug,  biological product,                                                               
or  device by  physicians for  patients who  are terminally  ill;                                                               
providing  immunity related  to  manufacturing, distributing,  or                                                               
providing   investigational   drugs,  biological   products,   or                                                               
devices;   and  relating   to  licensed   health  care   facility                                                               
requirements."                                                                                                                  
                                                                                                                                
2:37:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to  adopt Amendment 1,  Version 30-                                                               
LS0207\D.2, which read as follows:                                                                                              
                                                                                                                                
     Page 1, line 2, following "ill":                                                                                         
          Insert "for the purpose of sustaining the                                                                           
     patient's life"                                                                                                          
                                                                                                                                
       Page 1, line 10, following the first occurrence of                                                                       
     "patient":                                                                                                                 
          Insert "for the purpose of sustaining the                                                                             
     patient's life"                                                                                                            
                                                                                                                                
     Page 2, line 19, following "device":                                                                                       
          Insert "for the purpose of sustaining the                                                                             
     patient's life"                                                                                                            
                                                                                                                                
                                                                                                                                
REPRESENTATIVE FANSLER objected for purposes of discussion.                                                                     
                                                                                                                                
2:37:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   offered  that  the  bill   sponsor  was                                                               
supportive of Amendment  1, as it was introduced for  the sake of                                                               
clarity,  to be  certain there  was no  confusion about  how this                                                               
bill would be used in the future.                                                                                               
                                                                                                                                
2:38:22 PM                                                                                                                    
                                                                                                                                
BROOKE  IVY,  Staff,  Representative Jason  Grenn,  Alaska  State                                                               
Legislature,  advised  that the  bill  sponsor  is supportive  of                                                               
Amendment  1,  and  thanked  the sponsor  of  the  amendment  for                                                               
bringing it forward.                                                                                                            
                                                                                                                                
REPRESENTATIVE REINBOLD said she supports Amendment 1.                                                                          
                                                                                                                                
2:39:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER removed  his objection.   There  being no                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
2:39:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FANSLER  moved to  adopt Amendment 2,  Version 30-                                                               
LS0207\D.3, which read as follows:                                                                                              
                                                                                                                                
     Page 2, line 10, following "Phase 3":                                                                                      
          Insert "or is in the new drug application process                                                                     
     following Phase 3 of clinical trials"                                                                                      
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
2:39:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER offered  that the  bill sponsor  supports                                                               
Amendment 2,  as it allows  folks to use experimental  drugs that                                                               
have followed  Phase 3, but  have not  yet been approved,  and it                                                               
extends the ability to use these drugs.                                                                                         
                                                                                                                                
2:39:57 PM                                                                                                                    
                                                                                                                                
MS. IVY said that the bill sponsor supports Amendment 2.                                                                        
                                                                                                                                
REPRESENTATIVE EASTMAN  commented to the maker  of the amendment,                                                               
"good job."                                                                                                                     
                                                                                                                                
2:40:20 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  removed his objection.   There being  no objection,                                                               
Amendment 2 was adopted.                                                                                                        
                                                                                                                                
2:40:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  commented that  he supports this  bill as                                                               
it can only do good things for Alaskans.                                                                                        
                                                                                                                                
REPRESENTATIVE REINBOLD asked the sponsor  of the bill to respond                                                               
to Premera Blue Cross's request to  add Section 5 due to the fear                                                               
that a new  product may cost $100,000, and Blue  Cross had to pay                                                               
the bill.                                                                                                                       
                                                                                                                                
2:41:47 PM                                                                                                                    
                                                                                                                                
MS. IVY  responded that Section  5, as suggested by  Premera Blue                                                               
Cross would  essentially codify  that an  insurer or  a patient's                                                               
health care insurance plan would  not be responsible for covering                                                               
the costs  of an  investigational drugs or  the effects  that may                                                               
occur  from these  drugs.   Currently, she  said, that  is not  a                                                               
requirement under state  or federal statute, and at  this time it                                                               
is not  something the sponsor  necessarily opposes but it  may be                                                               
somewhat redundant.                                                                                                             
                                                                                                                                
2:42:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  whether she  believes this  could                                                               
create conflict between the patient  and the insurance company if                                                               
the insurance  company denied [coverage], whether  it was setting                                                               
unrealistic  expectations or  whether  she believes  this is  not                                                               
part of  state law so  the company can,  but is not  required to,                                                               
provide this product for insurance coverage.                                                                                    
                                                                                                                                
MS.  IVY related  that the  sponsor  spoke with  Premera and  its                                                               
intention was to create clarifying  language in the statute.  She                                                               
opined that,  per FDA guidelines, regarding  the written informed                                                               
consent  form, that  conversation  would take  place between  the                                                               
doctor and the  patient regarding coverage, or  lack of coverage,                                                               
as part of the process.                                                                                                         
                                                                                                                                
2:43:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD   advised  she   was  speaking   to  the                                                               
insurance  company  and  the patient  [relationship],  and  asked                                                               
whether it was the intention of  the bill sponsor to mandate that                                                               
insurance  companies pick  up the  costs  for these  experimental                                                               
drugs, or to leave it as an option.                                                                                             
                                                                                                                                
MS.  IVY  explained  that she  couldn't  speak  to  conversations                                                               
between  an  individual  and their  insurance  company,  but  the                                                               
sponsor's  intent  and  understanding   was  to  not  require  an                                                               
insurance  company to  cover the  investigational  drugs at  this                                                               
time.   Thus, it was not  referenced in the bill  and the sponsor                                                               
did not broaden that scope  into the insurance section of statute                                                               
for that  reason.  The  sponsor realizes, she said,  this doesn't                                                               
solve   everyone's  problem   in   attempting   to  access   this                                                               
medication, but  the sponsor  was not ready  to ask  an insurance                                                               
company  to cover  an unapproved  drug, and  it is  not currently                                                               
required under statute.                                                                                                         
                                                                                                                                
2:45:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  surmised that the intention  of the bill                                                               
was   to  allow   [patients]  the   opportunity  and   [insurance                                                               
companies] the option.                                                                                                          
                                                                                                                                
MS.  IVY answered  in the  affirmative, and  pointed out  that it                                                               
would  be under  the purview  of the  insurance company  and that                                                               
individual's health care plan as to what was covered.                                                                           
                                                                                                                                
2:45:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER  moved  to  report  HB  40,  Version  30-                                                               
LS0207\D,  as   amended,  from  the  committee   with  individual                                                               
recommendations and  the accompanying  zero fiscal notes.   There                                                               
being  no  objection,  HB  43(JUD)   was  moved  from  the  House                                                               
Judiciary Standing Committee.                                                                                                   

Document Name Date/Time Subjects
HB172 ver A 3.31.17.PDF HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Sponsor Statement 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Sectional Analysis 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Supporting Document-Industrial Hemp Updated Slide Presentation 3.31.17.pptx HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Supporting Document-2014 Farm Bill Sec. 7606 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Supporting Document-Hemp 1916 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Supporting Document-Modern Uses For Cannabis Chart 3.31.17.jpg HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Supporting Document-Letter Kenai Soil & Water Conservation District 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Supporting Document-Letter Constance Fredenberg 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Supporting Document-Letter Jack Bennett 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Supporting Document-Letter Andrew Gray 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Fiscal Note DCCED-CBPL 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Fiscal Note LAW-CRIM 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Fiscal Note DPS-SDAEU 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB172 Fiscal Note DNR-PMC 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 172
HB043 ver D 3.14.17.PDF HJUD 3/29/2017 1:00:00 PM
HJUD 4/3/2017 1:00:00 PM
HB 43
HB043 Sectional Analysis ver D 3.14.17.pdf HJUD 3/29/2017 1:00:00 PM
HJUD 4/3/2017 1:00:00 PM
HB 43
HB043 Amendments #1-2 3.31.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 43
HB043 Amendments #1-2 HJUD Final Votes 4.3.17.pdf HJUD 4/3/2017 1:00:00 PM
HB 43