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HOUSE BILL NO. 112
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE RUFFRIDGE
Introduced: 3/13/23
Referred: Health and Social Services, Labor and Commerce
A BILL
FOR AN ACT ENTITLED
"An Act relating to the Board of Pharmacy; relating to the practice of pharmacy; 1
relating to pharmacies; relating to prescription drug manufacturers; relating to 2
prescriptions for epinephrine; relating to the administration of epinephrine; and 3
providing for an effective date." 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
* Section 1. AS 08.80.010(a) is amended to read: 6
(a) There is created the Board of Pharmacy, composed of seven members, five 7
of whom shall be pharmacists licensed in the state who have been actively engaged in 8
the practice of pharmacy in the state for a period of three years immediately preceding 9
their appointment. One shall be a pharmacy technician licensed in the state for a
10
period of two years immediately preceding appointment. One [TWO] shall be a 11
person [PERSONS] with no direct financial interest in the health care industry. 12
Whenever possible, the board shall include at least one member from each judicial 13
district. 14 33-LS0600\A
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* Sec. 2. AS 08.80.030(b) is amended to read: 1
(b) In order to fulfill its responsibilities, the board has the powers necessary 2
for implementation and enforcement of this chapter, including the power to 3
(1) elect a president and secretary from its membership and adopt rules 4
for the conduct of its business; 5
(2) license by examination or by license transfer the applicants who are 6
qualified to engage in the practice of pharmacy; 7
(3) assist the department in inspections and investigations for 8
violations of this chapter, or of any other state or federal statute relating to the practice 9
of pharmacy; 10
(4) adopt regulations to carry out the purposes of this chapter; 11
(5) establish and enforce compliance with professional standards and 12
rules of conduct for pharmacists engaged in the practice of pharmacy; 13
(6) determine standards for recognition and approval of degree 14
programs of schools and colleges of pharmacy whose graduates shall be eligible for 15
licensure in this state, including the specification and enforcement of requirements for 16
practical training, including internships; 17
(7) establish for pharmacists and pharmacies minimum specifications 18
for the physical facilities, technical equipment, personnel, and procedures for the 19
storage, compounding, and dispensing of drugs or related devices, and for the 20
monitoring of drug therapy, including independent monitoring of drug therapy; 21
(8) enforce the provisions of this chapter relating to the conduct or 22
competence of pharmacists practicing in the state, and the suspension, revocation, or 23
restriction of licenses to engage in the practice of pharmacy; 24
(9) license and regulate the training, qualifications, and employment of 25
pharmacy interns and pharmacy technicians; 26
(10) license and regulate the qualifications of entities and 27
individuals [ISSUE LICENSES TO PERSONS] engaged in the manufacture or 28
[AND] distribution of drugs and related devices; 29
(11) establish and maintain a controlled substance prescription 30
database as provided in AS 17.30.200; 31 33-LS0600\A
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(12) establish standards for the independent prescribing and 1
administration of vaccines and related emergency medications under AS 08.80.168, 2
including the completion of an immunization training program approved by the board 3
and an epinephrine auto-injector training program under AS 17.22.020(b); 4
(13) establish standards for the independent prescribing and dispensing 5
by a pharmacist of an opioid overdose drug under AS 17.20.085, including the 6
completion of an opioid overdose training program approved by the board; 7
(14) require that a licensed pharmacist who dispenses a schedule II, 8
III, or IV controlled substance under federal law to a person in the state register 9
with the controlled substance prescription database under AS 17.30.200(n); 10
(15) establish the qualifications and duties of the executive 11
administrator and delegate authority to the executive administrator that is necessary to 12
conduct board business; 13
(16) license and inspect the facilities of pharmacies, manufacturers, 14
wholesale drug distributors, third-party logistics providers, and outsourcing facilities 15
located outside the state under AS 08.80.159; 16
(17) license Internet-based pharmacies providing services to 17
residents in the state; 18
(18) adopt regulations pertaining to retired pharmacist status. 19
* Sec. 3. AS 08.80.145 is amended to read: 20
Sec. 08.80.145. Reciprocity; license transfer. If another jurisdiction allows 21
licensure in that jurisdiction of a pharmacist licensed in this state under conditions 22
similar to those in this section, the board may license as a pharmacist in this state a 23
person licensed as a pharmacist in the other jurisdiction if the person 24
(1) submits a written application to the board on a form required by the 25
board; 26
(2) is at least 18 years of age; 27
(3) [IS OF GOOD MORAL CHARACTER; 28
(4)] possesses at the time of the request for licensure as a pharmacist in 29
this state the qualifications necessary to be eligible for licensure in this state; 30
(4) [(5)] has engaged in the practice of pharmacy for at least one year 31 33-LS0600\A
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[OR HAS MET THE INTERNSHIP REQUIREMENTS OF THIS STATE WITHIN 1
THE ONE-YEAR PERIOD] immediately before applying for a license under this 2
section; 3
(5) [(6)] presents proof satisfactory to the board that the person is 4
currently licensed as a pharmacist in the other jurisdiction and does not currently have 5
a pharmacist license suspended, revoked, or otherwise restricted except for failure to 6
apply for renewal or failure to obtain the required continuing education credits; 7
(6) [(7)] has passed an examination approved by the board that tests 8
the person's knowledge of Alaska laws relating to pharmacies and pharmacists and the 9
regulations adopted under those laws; and 10
(7) [(8)] pays all required fees. 11
* Sec. 4. AS 08.80.157(k) is amended to read: 12
(k) This section applies to pharmacies, manufacturers, wholesale drug 13
distributors, third-party logistics providers, and outsourcing facilities located outside 14
the state under AS 08.80.159. 15
* Sec. 5. AS 08.80.159(a) is amended to read: 16
(a) Before shipping, mailing, distributing, or delivering a prescription drug 17
[DRUGS] to a person [LICENSEE] in the state or advertising in the state, a 18
pharmacy, manufacturer, wholesale drug distributor, third-party logistics provider, 19
or an outsourcing facility that is located outside the state shall 20
(1) obtain a license under AS 08.80.157; 21
(2) appoint an agent on whom process can be served in the state; and 22
(3) authorize inspection of the facility by a designee of the board under 23
(c) of this section. 24
* Sec. 6. AS 08.80.159(c) is amended to read: 25
(c) Upon application by a pharmacy, manufacturer, wholesale drug 26
distributor, third-party logistics provider, or an outsourcing facility for a license under 27
this section, the board may 28
(1) require an inspection of the applicant's facility located outside the 29
state; and 30
(2) approve a designee to conduct the inspection. 31 33-LS0600\A
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* Sec. 7. AS 08.80.160 is amended to read: 1
Sec. 08.80.160. Fees. The Department of Commerce, Community, and 2
Economic Development shall set fees under AS 08.01.065 for the following: 3
(1) examination; 4
(2) reexamination; 5
(3) investigation for licensing by license transfer; 6
(4) pharmacist license; 7
(5) temporary license; 8
(6) pharmacy technician license; 9
(7) pharmacy intern license; 10
(8) emergency permit; 11
(9) license amendment or replacement; 12
(10) [REGISTRATION OR] licensure of a facility classified under 13
AS 08.80.157(b). 14
* Sec. 8. AS 08.80.168 is amended by adding a new subsection to read: 15
(e) A pharmacist may independently administer epinephrine to a patient or 16
prescribe epinephrine auto-injectors to a person who has completed a training program 17
approved by the board under AS 17.22.020(b). 18
* Sec. 9. AS 08.80.270(a) is amended to read: 19
(a) The board shall employ an executive administrator to carry out the duties 20
established under (b) of this section. The executive administrator is the principal 21
executive officer of the board. The executive administrator is in the partially exempt 22
service under AS 39.25.120 and is entitled to receive a monthly salary equal to a step 23
in range 23 on the salary schedule set out in AS 39.27.011(a). If the executive 24
administrator has a pharmacist license, the executive administrator is entitled to 25
a monthly salary based on the salary classification for pharmacists. 26
* Sec. 10. AS 08.80.420(a) is amended to read: 27
(a) A person may not use or exhibit the title "pharmacist," "assistant 28
pharmacist," or "druggist," or the descriptive term "pharmacy," "drug store," "drug 29
sundries," "apothecary," or other similar title or term containing the word "drug," in 30
any business premises [,] or in an advertisement through the media of press [,] or 31 33-LS0600\A
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publication, or by radio or television, unless the business has a licensed pharmacist in 1
regular and continuous employment. 2
* Sec. 11. AS 12.62.400(a) is amended to read: 3
(a) To obtain a national criminal history record check for determining a 4
person's qualifications for a license, permit, registration, employment, or position, a 5
person shall submit the person's fingerprints to the department with the fee established 6
by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 7
of Investigation to obtain a national criminal history record check of the person for the 8
purpose of evaluating a person's qualifications for 9
(1) a license or conditional contractor's permit to manufacture, sell, 10
offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 11
under AS 04.11; 12
(2) licensure as a mortgage lender, a mortgage broker, or a mortgage 13
loan originator under AS 06.60; 14
(3) admission to the Alaska Bar Association under AS 08.08; 15
(4) licensure as a collection agency operator under AS 08.24; 16
(5) a certificate of fitness to handle explosives under AS 08.52; 17
(6) licensure as a massage therapist under AS 08.61; 18
(7) licensure to practice nursing or certification as a nurse aide under 19
AS 08.68; 20
(8) certification as a real estate appraiser under AS 08.87; 21
(9) a position involving supervisory or disciplinary power over a minor 22
or dependent adult for which criminal justice information may be released under 23
AS 12.62.160(b)(9); 24
(10) a teacher certificate under AS 14.20; 25
(11) a registration or license to operate a marijuana establishment 26
under AS 17.38; 27
(12) admittance to a police training program under AS 18.65.230 or for 28
certification as a police officer under AS 18.65.240 if that person's prospective 29
employer does not have access to a criminal justice information system; 30
(13) licensure as a security guard under AS 18.65.400 - 18.65.490; 31 33-LS0600\A
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(14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 1
(15) licensure as an insurance producer, managing general agent, 2
reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 3
broker, or independent adjuster under AS 21.27; 4
(16) serving and executing process issued by a court by a person 5
designated under AS 22.20.130; 6
(17) a school bus driver license under AS 28.15.046; 7
(18) licensure as an operator or an instructor for a commercial driver 8
training school under AS 28.17; 9
(19) registration as a broker-dealer, agent, investment adviser 10
representative, or investment adviser under AS 45.56.300 - 45.56.350; 11
(20) licensure, license renewal, certification, certification renewal, or 12
payment from the Department of Health of an individual and an entity subject to the 13
requirements for a criminal history check under AS 47.05.310, including 14
(A) a public home care provider described in AS 47.05.017; 15
(B) a provider of home and community-based waiver services 16
financed under AS 47.07.030(c); 17
(C) a case manager to coordinate community mental health 18
services under AS 47.30.530; 19
(D) an entity listed in AS 47.32.010(b) and (c), including an 20
owner, officer, director, member, partner, employee, volunteer, or contractor of 21
an entity; or 22
(E) an individual or entity not described in (A) - (D) of this 23
paragraph that is required by statute or regulation to be licensed or certified by 24
the Department of Health or that is eligible to receive payments, in whole or in 25
part, from the Department of Health to provide for the health, safety, and 26
welfare of persons who are served by the programs administered by the 27
Department of Health; 28
(21) employment as a village public safety officer under AS 18.65.672 29
or certification as a village public safety officer under AS 18.65.682; 30
(22) licensure, license renewal, certification, or certification renewal 31 33-LS0600\A
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by the Department of Family and Community Services of an individual or entity, or 1
payment from the Department of Family and Community Services to an individual or 2
entity, subject to the requirements for a criminal history check under AS 47.05.310 for 3
a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 4
including an owner, officer, director, member, partner, employee, volunteer, or 5
contractor of an entity; 6
(23) licensure as a pharmacist or pharmacy technician under 7
AS 08.80. 8
* Sec. 12. AS 17.22.010 is amended to read: 9
Sec. 17.22.010. Prescription, purchase, and administration of epinephrine 10
by a trained individual. An individual who is 18 years of age or older may obtain a 11
prescription for, purchase, and, in an emergency situation, administer epinephrine to 12
another person using 13
[(1)] an auto-injector, if the individual has successfully completed a 14
training program approved by the board [DEPARTMENT] under as 17.22.020(b) [; 15
OR 16
(2) AN AMPULE, IF THE INDIVIDUAL HAS SUCCESSFULLY 17
COMPLETED A TRAINING PROGRAM APPROVED BY THE DEPARTMENT 18
UNDER AS 17.22.020(c)]. 19
* Sec. 13. AS 17.22.020(a) is amended to read: 20
(a) The board [DEPARTMENT] shall adopt standards for the approval of a 21
training program [PROGRAMS] for the use of 22
[(1)] epinephrine auto-injectors [; AND 23
(2) EPINEPHRINE AMPULES]. 24
* Sec. 14. AS 17.22.020(b) is amended to read: 25
(b) The board [DEPARTMENT] shall approve an auto-injector training 26
program that meets standards adopted under (a) [(a)(1)] of this section. The standards 27
must require an epinephrine auto-injector program to provide training in 28
(1) techniques on how to recognize symptoms of severe asthmatic or 29
allergic reactions, including anaphylaxis; 30
(2) standards and procedures for the storage of epinephrine auto-31 33-LS0600\A
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injectors and administration of epinephrine using auto-injectors; and 1
(3) emergency follow-up procedures. 2
* Sec. 15. AS 17.22.030 is amended to read: 3
Sec. 17.22.030. Applicability. This chapter does not apply to a person who is 4
authorized under another law to administer epinephrine [OR TO A PERSON WHO IS 5
PRESCRIBED EPINEPHRINE FOR PERSONAL USE]. 6
* Sec. 16. AS 17.22.040 is amended to read: 7
Sec. 17.22.040. Liability of certified individual. A claim for relief may not be 8
brought against an individual who has successfully completed an auto-injector [A] 9
training program approved by the board [DEPARTMENT] under AS 17.22.020 for an 10
act or omission relating to the administration of epinephrine to another individual in an 11
emergency situation if the individual who completed the training program acted in 12
good faith under the authority granted by this chapter. 13
* Sec. 17. AS 17.22.090 is amended by adding a new paragraph to read: 14
(3) "board" means the Board of Pharmacy. 15
* Sec. 18. AS 08.80.110(2), 08.80.158; AS 17.22.020(c), and 17.22.090(1) are repealed. 16
* Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 17
read: 18
TRANSITION: EFFECT ON CURRENT REGISTERED PHARMACIES. On and 19
after the effective date of sec. 18 of this Act, a pharmacy registered under AS 08.80.158 on 20
the effective date of sec. 18 of this Act may continue to ship, mail, or deliver prescription 21
drugs to consumers in the state under the registration until the registration expires normally 22
under AS 08.80. 23
* Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 24
read: 25
TRANSITION: REGULATIONS. The Board of Pharmacy and the Department of 26
Commerce, Community, and Economic Development may adopt regulations necessary to 27
implement the changes made by this Act. The regulations take effect under AS 44.62 28
(Administrative Procedure Act), but not before the effective date of the relevant provision of 29
this Act implemented by the regulation. 30
* Sec. 21. Section 20 of this Act takes effect immediately under AS 01.10.070(c). 31 33-LS0600\A
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* Sec. 22. Except as provided in sec. 21 of this Act, this Act takes effect November 26, 1
2023. 2