AK
Alaska Senate Bill SB94

Alaska 2023-2024 Regular Session

Alaska Senate Bill SB94 Compare Versions

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2-SB0094B -1- CSSB 94(L&C)
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10-CS FOR SENATE BILL NO. 94(L&C)
10+
11+ SENATE BILL NO. 94
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-THIRD LEGISLATURE - FIRST SESSION
1516
16-BY THE SENATE LABOR AND COMMERCE COMMITTEE
17+BY SENATOR GIESSEL BY REQUEST
1718
18-Offered: 4/28/23
19-Referred: Finance
19+Introduced: 3/8/23
20+Referred: Labor and Commerce, Finance
2021
21-Sponsor(s): SENATORS GIESSEL, Wielechowski, Dunbar, Tobin
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act relating to the Board of Pharmacy; relating to the practice of pharmacy; 1
2728 relating to pharmacies; relating to prescription drug manufacturers; relating to 2
28-licensing and registration requirements for certain wholesale drug distributors; relating 3
29-to prescriptions for epinephrine; relating to the administration of epinephrine; and 4
30-providing for an effective date." 5
31-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
32- * Section 1. AS 08.80.010(a) is amended to read: 7
33-(a) There is created the Board of Pharmacy, composed of seven members, five 8
34-of whom shall be pharmacists licensed in the state who have been actively engaged in 9
35-the practice of pharmacy in the state for a period of three years immediately preceding 10
29+prescriptions for epinephrine; relating to the administration of epinephrine; and 3
30+providing for an effective date." 4
31+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
32+ * Section 1. AS 08.80.010(a) is amended to read: 6
33+(a) There is created the Board of Pharmacy, composed of seven members, five 7
34+of whom shall be pharmacists licensed in the state who have been actively engaged in 8
35+the practice of pharmacy in the state for a period of three years immediately preceding 9
3636 their appointment. One shall be a pharmacy technician licensed in the state for a
37-11
38-period of two years immediately preceding appointment. One [TWO] shall be a 12
39-person [PERSONS] with no direct financial interest in the health care industry. 13 33-LS0293\R
40-CSSB 94(L&C) -2- SB0094B
37+10
38+period of two years immediately preceding appointment. One [TWO] shall be a 11
39+person [PERSONS] with no direct financial interest in the health care industry. 12
40+Whenever possible, the board shall include at least one member from each judicial 13
41+district. 14 33-LS0293\U
42+SB 94 -2- SB0094A
4143 New Text Underlined [DELETED TEXT BRACKETED]
4244
43-Whenever possible, the board shall include at least one member from each judicial 1
44-district. 2
45- * Sec. 2. AS 08.80.030(b) is amended to read: 3
46-(b) In order to fulfill its responsibilities, the board has the powers necessary 4
47-for implementation and enforcement of this chapter, including the power to 5
48-(1) elect a president and secretary from its membership and adopt rules 6
49-for the conduct of its business; 7
50-(2) license by examination or by license transfer the applicants who are 8
51-qualified to engage in the practice of pharmacy; 9
52-(3) assist the department in inspections and investigations for 10
53-violations of this chapter, or of any other state or federal statute relating to the practice 11
54-of pharmacy; 12
55-(4) adopt regulations to carry out the purposes of this chapter; 13
56-(5) establish and enforce compliance with professional standards and 14
57-rules of conduct for pharmacists engaged in the practice of pharmacy; 15
58-(6) determine standards for recognition and approval of degree 16
59-programs of schools and colleges of pharmacy whose graduates shall be eligible for 17
60-licensure in this state, including the specification and enforcement of requirements for 18
61-practical training, including internships; 19
62-(7) establish for pharmacists and pharmacies minimum specifications 20
63-for the physical facilities, technical equipment, personnel, and procedures for the 21
64-storage, compounding, and dispensing of drugs or related devices, and for the 22
65-monitoring of drug therapy, including independent monitoring of drug therapy; 23
66-(8) enforce the provisions of this chapter relating to the conduct or 24
67-competence of pharmacists practicing in the state, and the suspension, revocation, or 25
68-restriction of licenses to engage in the practice of pharmacy; 26
69-(9) license and regulate the training, qualifications, and employment of 27
70-pharmacy interns and pharmacy technicians; 28
71-(10) license and regulate the qualifications of entities and 29
72-individuals [ISSUE LICENSES TO PERSONS] engaged in the manufacture or 30
73-[AND] distribution of drugs and related devices; 31 33-LS0293\R
74-SB0094B -3- CSSB 94(L&C)
45+ * Sec. 2. AS 08.80.030(b) is amended to read: 1
46+(b) In order to fulfill its responsibilities, the board has the powers necessary 2
47+for implementation and enforcement of this chapter, including the power to 3
48+(1) elect a president and secretary from its membership and adopt rules 4
49+for the conduct of its business; 5
50+(2) license by examination or by license transfer the applicants who are 6
51+qualified to engage in the practice of pharmacy; 7
52+(3) assist the department in inspections and investigations for 8
53+violations of this chapter, or of any other state or federal statute relating to the practice 9
54+of pharmacy; 10
55+(4) adopt regulations to carry out the purposes of this chapter; 11
56+(5) establish and enforce compliance with professional standards and 12
57+rules of conduct for pharmacists engaged in the practice of pharmacy; 13
58+(6) determine standards for recognition and approval of degree 14
59+programs of schools and colleges of pharmacy whose graduates shall be eligible for 15
60+licensure in this state, including the specification and enforcement of requirements for 16
61+practical training, including internships; 17
62+(7) establish for pharmacists and pharmacies minimum specifications 18
63+for the physical facilities, technical equipment, personnel, and procedures for the 19
64+storage, compounding, and dispensing of drugs or related devices, and for the 20
65+monitoring of drug therapy, including independent monitoring of drug therapy; 21
66+(8) enforce the provisions of this chapter relating to the conduct or 22
67+competence of pharmacists practicing in the state, and the suspension, revocation, or 23
68+restriction of licenses to engage in the practice of pharmacy; 24
69+(9) license and regulate the training, qualifications, and employment of 25
70+pharmacy interns and pharmacy technicians; 26
71+(10) license and regulate the qualifications of entities and 27
72+individuals [ISSUE LICENSES TO PERSONS] engaged in the manufacture or 28
73+[AND] distribution of drugs and related devices; 29
74+(11) establish and maintain a controlled substance prescription 30
75+database as provided in AS 17.30.200; 31 33-LS0293\U
76+SB0094A -3- SB 94
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77-(11) establish and maintain a controlled substance prescription 1
78-database as provided in AS 17.30.200; 2
79-(12) establish standards for the independent prescribing and 3
80-administration of vaccines and related emergency medications under AS 08.80.168, 4
81-including the completion of an immunization training program approved by the board 5
82-and an epinephrine auto-injector training program under AS 17.22.020(b); 6
83-(13) establish standards for the independent prescribing and dispensing 7
84-by a pharmacist of an opioid overdose drug under AS 17.20.085, including the 8
85-completion of an opioid overdose training program approved by the board; 9
86-(14) require that a licensed pharmacist who dispenses a schedule II, 10
87-III, or IV controlled substance under federal law to a person in the state register 11
88-with the controlled substance prescription database under AS 17.30.200(n); 12
89-(15) establish the qualifications and duties of the executive 13
90-administrator and delegate authority to the executive administrator that is necessary to 14
91-conduct board business; 15
92-(16) license and inspect the facilities of pharmacies, manufacturers, 16
93-wholesale drug distributors, third-party logistics providers, and outsourcing facilities 17
94-located outside the state under AS 08.80.159; 18
95-(17) license Internet-based pharmacies providing services to 19
96-residents in the state; 20
97-(18) adopt regulations pertaining to retired pharmacist status. 21
98- * Sec. 3. AS 08.80.145 is amended to read: 22
99-Sec. 08.80.145. Reciprocity; license transfer. If another jurisdiction allows 23
100-licensure in that jurisdiction of a pharmacist licensed in this state under conditions 24
101-similar to those in this section, the board may license as a pharmacist in this state a 25
102-person licensed as a pharmacist in the other jurisdiction if the person 26
103-(1) submits a written application to the board on a form required by the 27
104-board; 28
105-(2) is at least 18 years of age; 29
106-(3) [IS OF GOOD MORAL CHARACTER; 30
107-(4)] possesses at the time of the request for licensure as a pharmacist in 31 33-LS0293\R
108-CSSB 94(L&C) -4- SB0094B
79+(12) establish standards for the independent prescribing and 1
80+administration of vaccines and related emergency medications under AS 08.80.168, 2
81+including the completion of an immunization training program approved by the board 3
82+and an epinephrine auto-injector training program under AS 17.22.020(b); 4
83+(13) establish standards for the independent prescribing and dispensing 5
84+by a pharmacist of an opioid overdose drug under AS 17.20.085, including the 6
85+completion of an opioid overdose training program approved by the board; 7
86+(14) require that a licensed pharmacist who dispenses a schedule II, 8
87+III, or IV controlled substance under federal law to a person in the state register 9
88+with the controlled substance prescription database under AS 17.30.200(n); 10
89+(15) establish the qualifications and duties of the executive 11
90+administrator and delegate authority to the executive administrator that is necessary to 12
91+conduct board business; 13
92+(16) license and inspect the facilities of pharmacies, manufacturers, 14
93+wholesale drug distributors, third-party logistics providers, and outsourcing facilities 15
94+located outside the state under AS 08.80.159; 16
95+(17) license Internet-based pharmacies providing services to 17
96+residents in the state; 18
97+(18) adopt regulations pertaining to retired pharmacist status. 19
98+ * Sec. 3. AS 08.80.145 is amended to read: 20
99+Sec. 08.80.145. Reciprocity; license transfer. If another jurisdiction allows 21
100+licensure in that jurisdiction of a pharmacist licensed in this state under conditions 22
101+similar to those in this section, the board may license as a pharmacist in this state a 23
102+person licensed as a pharmacist in the other jurisdiction if the person 24
103+(1) submits a written application to the board on a form required by the 25
104+board; 26
105+(2) is at least 18 years of age; 27
106+(3) [IS OF GOOD MORAL CHARACTER; 28
107+(4)] possesses at the time of the request for licensure as a pharmacist in 29
108+this state the qualifications necessary to be eligible for licensure in this state; 30
109+(4) [(5)] has engaged in the practice of pharmacy for at least one year 31 33-LS0293\U
110+SB 94 -4- SB0094A
109111 New Text Underlined [DELETED TEXT BRACKETED]
110112
111-this state the qualifications necessary to be eligible for licensure in this state; 1
112-(4) [(5)] has engaged in the practice of pharmacy for at least one year 2
113-[OR HAS MET THE INTERNSHIP REQUIREMENTS OF THIS STATE WITHIN 3
114-THE ONE-YEAR PERIOD] immediately before applying for a license under this 4
115-section; 5
116-(5) [(6)] presents proof satisfactory to the board that the person is 6
117-currently licensed as a pharmacist in the other jurisdiction and does not currently have 7
118-a pharmacist license suspended, revoked, or otherwise restricted except for failure to 8
119-apply for renewal or failure to obtain the required continuing education credits; 9
120-(6) [(7)] has passed an examination approved by the board that tests 10
121-the person's knowledge of Alaska laws relating to pharmacies and pharmacists and the 11
122-regulations adopted under those laws; and 12
123-(7) [(8)] pays all required fees. 13
124- * Sec. 4. AS 08.80.157(h) is amended to read: 14
125-(h) The board may suspend, revoke, deny, or refuse to renew the license of a 15
126-facility or pharmacy on the following grounds: 16
127-(1) the finding by the board of violations of a federal, state, or local 17
128-law relating to the practice of pharmacy, drug samples, wholesale or retail drug or 18
129-device distribution, or distribution of controlled substances; 19
130-(2) a felony conviction under federal, state, or local law of an owner of 20
131-the facility or pharmacy or of an employee of the facility or pharmacy; 21
132-(3) the furnishing of false or fraudulent material in an application made 22
133-in connection with drug or device manufacturing or distribution; 23
134-(4) suspension or revocation by federal, state, or local government of a 24
135-license currently or previously held by the applicant for the manufacture or 25
136-distribution of drugs or devices, including controlled substances; 26
137-(5) obtaining remuneration by fraud, misrepresentation, or deception; 27
138-(6) dealing with drugs or devices that are known or should have been 28
139-known to be stolen drugs or devices; 29
140-(7) dispensing or distributing drugs or devices directly to patients by a 30
141-wholesale drug distributor other than a pharmacy unless 31 33-LS0293\R
142-SB0094B -5- CSSB 94(L&C)
113+[OR HAS MET THE INTERNSHIP REQUIREMENTS OF THIS STATE WITHIN 1
114+THE ONE-YEAR PERIOD] immediately before applying for a license under this 2
115+section; 3
116+(5) [(6)] presents proof satisfactory to the board that the person is 4
117+currently licensed as a pharmacist in the other jurisdiction and does not currently have 5
118+a pharmacist license suspended, revoked, or otherwise restricted except for failure to 6
119+apply for renewal or failure to obtain the required continuing education credits; 7
120+(6) [(7)] has passed an examination approved by the board that tests 8
121+the person's knowledge of Alaska laws relating to pharmacies and pharmacists and the 9
122+regulations adopted under those laws; and 10
123+(7) [(8)] pays all required fees. 11
124+ * Sec. 4. AS 08.80.157(k) is amended to read: 12
125+(k) This section applies to pharmacies, manufacturers, wholesale drug 13
126+distributors, third-party logistics providers, and outsourcing facilities located outside 14
127+the state under AS 08.80.159. 15
128+ * Sec. 5. AS 08.80.159(a) is amended to read: 16
129+(a) Before shipping, mailing, distributing, or delivering a prescription drug 17
130+[DRUGS] to a person [LICENSEE] in the state or advertising in the state, a 18
131+pharmacy, manufacturer, wholesale drug distributor, third-party logistics provider, 19
132+or an outsourcing facility that is located outside the state shall 20
133+(1) obtain a license under AS 08.80.157; 21
134+(2) appoint an agent on whom process can be served in the state; and 22
135+(3) authorize inspection of the facility by a designee of the board under 23
136+(c) of this section. 24
137+ * Sec. 6. AS 08.80.159(c) is amended to read: 25
138+(c) Upon application by a pharmacy, manufacturer, wholesale drug 26
139+distributor, third-party logistics provider, or an outsourcing facility for a license under 27
140+this section, the board may 28
141+(1) require an inspection of the applicant's facility located outside the 29
142+state; and 30
143+(2) approve a designee to conduct the inspection. 31 33-LS0293\U
144+SB0094A -5- SB 94
143145 New Text Underlined [DELETED TEXT BRACKETED]
144146
145-(A) the drug or device is a dialysate, drug composed solely 1
146-of fluids, electrolytes, and sugars, or device that is 2
147-(i) necessary to perform home dialysis; 3
148-(ii) approved by the United States Food and Drug 4
149-Administration, as required by federal law; and 5
150-(iii) delivered in its original, sealed, and labeled 6
151-packaging only upon the receipt of a physician's order; and 7
152-(B) the wholesale drug distributor 8
153-(i) delivers the dialysate drug or device directly to a 9
154-patient with end-stage renal disease, or to the patient's designee, 10
155-for the patient's self-administration of dialysis therapy; 11
156-(ii) uses a bar code scanning and verification system 12
157-confirming that the dialysate drug or device selected to fill the 13
158-patient-specific order matches the information on the patient-14
159-specific label; and 15
160-(iii) has additional secondary accuracy and delivery 16
161-checks in place; and 17
162-(C) a licensed pharmacist serves as a consultant to the 18
163-wholesale drug distributor to 19
164-(i) conduct a retrospective audit of 10 percent of the 20
165-dialysate drug and device orders provided directly to patients 21
166-processed by the wholesale drug distributor every month; and 22
167-(ii) perform assessments at least twice monthly to 23
168-ensure quality of product storage, handling, and distribution by the 24
169-wholesale drug distributor, and to ensure product expiration dates 25
170-are later than three months after the date of assessment; 26
171-(8) violation of this chapter or a regulation adopted under this chapter. 27
172- * Sec. 5. AS 08.80.157(k) is amended to read: 28
173-(k) This section applies to pharmacies, manufacturers, wholesale drug 29
174-distributors, third-party logistics providers, and outsourcing facilities located outside 30
175-the state under AS 08.80.159. 31 33-LS0293\R
176-CSSB 94(L&C) -6- SB0094B
147+ * Sec. 7. AS 08.80.160 is amended to read: 1
148+Sec. 08.80.160. Fees. The Department of Commerce, Community, and 2
149+Economic Development shall set fees under AS 08.01.065 for the following: 3
150+(1) examination; 4
151+(2) reexamination; 5
152+(3) investigation for licensing by license transfer; 6
153+(4) pharmacist license; 7
154+(5) temporary license; 8
155+(6) pharmacy technician license; 9
156+(7) pharmacy intern license; 10
157+(8) emergency permit; 11
158+(9) license amendment or replacement; 12
159+(10) [REGISTRATION OR] licensure of a facility classified under 13
160+AS 08.80.157(b). 14
161+ * Sec. 8. AS 08.80.168 is amended by adding a new subsection to read: 15
162+(e) A pharmacist may independently administer epinephrine to a patient or 16
163+prescribe epinephrine auto-injectors to a person who has completed a training program 17
164+approved by the board under AS 17.22.020(b). 18
165+ * Sec. 9. AS 08.80.270(a) is amended to read: 19
166+(a) The board shall employ an executive administrator to carry out the duties 20
167+established under (b) of this section. The executive administrator is the principal 21
168+executive officer of the board. The executive administrator is in the partially exempt 22
169+service under AS 39.25.120 and is entitled to receive a monthly salary equal to a step 23
170+in range 23 on the salary schedule set out in AS 39.27.011(a). If the executive 24
171+administrator has a pharmacist license, the executive administrator is entitled to 25
172+a monthly salary based on the salary classification for pharmacists. 26
173+ * Sec. 10. AS 08.80.420(a) is amended to read: 27
174+(a) A person may not use or exhibit the title "pharmacist," "assistant 28
175+pharmacist," or "druggist," or the descriptive term "pharmacy," "drug store," "drug 29
176+sundries," "apothecary," or other similar title or term containing the word "drug," in 30
177+any business premises [,] or in an advertisement through the media of press [,] or 31 33-LS0293\U
178+SB 94 -6- SB0094A
177179 New Text Underlined [DELETED TEXT BRACKETED]
178180
179- * Sec. 6. AS 08.80.159(a) is amended to read: 1
180-(a) Before shipping, mailing, distributing, or delivering a prescription drug 2
181-[DRUGS] to a person [LICENSEE] in the state or advertising in the state, a 3
182-pharmacy, manufacturer, wholesale drug distributor, third-party logistics provider, 4
183-or an outsourcing facility that is located outside the state shall 5
184-(1) obtain a license under AS 08.80.157; 6
185-(2) appoint an agent on whom process can be served in the state; and 7
186-(3) authorize inspection of the facility by a designee of the board under 8
187-(c) of this section. 9
188- * Sec. 7. AS 08.80.159(c) is amended to read: 10
189-(c) Upon application by a pharmacy, manufacturer, wholesale drug 11
190-distributor, third-party logistics provider, or an outsourcing facility for a license under 12
191-this section, the board may 13
192-(1) require an inspection of the applicant's facility located outside the 14
193-state; and 15
194-(2) approve a designee to conduct the inspection. 16
195- * Sec. 8. AS 08.80.160 is amended to read: 17
196-Sec. 08.80.160. Fees. The Department of Commerce, Community, and 18
197-Economic Development shall set fees under AS 08.01.065 for the following: 19
198-(1) examination; 20
199-(2) reexamination; 21
200-(3) investigation for licensing by license transfer; 22
201-(4) pharmacist license; 23
202-(5) temporary license; 24
203-(6) pharmacy technician license; 25
204-(7) pharmacy intern license; 26
205-(8) emergency permit; 27
206-(9) license amendment or replacement; 28
207-(10) [REGISTRATION OR] licensure of a facility classified under 29
208-AS 08.80.157(b). 30
209- * Sec. 9. AS 08.80.168 is amended by adding a new subsection to read: 31 33-LS0293\R
210-SB0094B -7- CSSB 94(L&C)
181+publication, or by radio or television, unless the business has a licensed pharmacist in 1
182+regular and continuous employment. 2
183+ * Sec. 11. AS 12.62.400(a) is amended to read: 3
184+(a) To obtain a national criminal history record check for determining a 4
185+person's qualifications for a license, permit, registration, employment, or position, a 5
186+person shall submit the person's fingerprints to the department with the fee established 6
187+by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 7
188+of Investigation to obtain a national criminal history record check of the person for the 8
189+purpose of evaluating a person's qualifications for 9
190+(1) a license or conditional contractor's permit to manufacture, sell, 10
191+offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 11
192+under AS 04.11; 12
193+(2) licensure as a mortgage lender, a mortgage broker, or a mortgage 13
194+loan originator under AS 06.60; 14
195+(3) admission to the Alaska Bar Association under AS 08.08; 15
196+(4) licensure as a collection agency operator under AS 08.24; 16
197+(5) a certificate of fitness to handle explosives under AS 08.52; 17
198+(6) licensure as a massage therapist under AS 08.61; 18
199+(7) licensure to practice nursing or certification as a nurse aide under 19
200+AS 08.68; 20
201+(8) certification as a real estate appraiser under AS 08.87; 21
202+(9) a position involving supervisory or disciplinary power over a minor 22
203+or dependent adult for which criminal justice information may be released under 23
204+AS 12.62.160(b)(9); 24
205+(10) a teacher certificate under AS 14.20; 25
206+(11) a registration or license to operate a marijuana establishment 26
207+under AS 17.38; 27
208+(12) admittance to a police training program under AS 18.65.230 or for 28
209+certification as a police officer under AS 18.65.240 if that person's prospective 29
210+employer does not have access to a criminal justice information system; 30
211+(13) licensure as a security guard under AS 18.65.400 - 18.65.490; 31 33-LS0293\U
212+SB0094A -7- SB 94
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212214
213-(e) A pharmacist may independently administer epinephrine to a patient or 1
214-prescribe epinephrine auto-injectors to a person who has completed a training program 2
215-approved by the board under AS 17.22.020(b). 3
216- * Sec. 10. AS 08.80.270(a) is amended to read: 4
217-(a) The board shall employ an executive administrator to carry out the duties 5
218-established under (b) of this section. The executive administrator is the principal 6
219-executive officer of the board. The executive administrator is in the partially exempt 7
220-service under AS 39.25.120 and is entitled to receive a monthly salary equal to a step 8
221-in range 23 on the salary schedule set out in AS 39.27.011(a). If the executive 9
222-administrator has a pharmacist license, the executive administrator is entitled to 10
223-a monthly salary based on the salary classification for pharmacists. 11
224- * Sec. 11. AS 08.80.420(a) is amended to read: 12
225-(a) A person may not use or exhibit the title "pharmacist," "assistant 13
226-pharmacist," or "druggist," or the descriptive term "pharmacy," "drug store," "drug 14
227-sundries," "apothecary," or other similar title or term containing the word "drug," in 15
228-any business premises [,] or in an advertisement through the media of press [,] or 16
229-publication, or by radio or television, unless the business has a licensed pharmacist in 17
230-regular and continuous employment. 18
231- * Sec. 12. AS 12.62.400(a) is amended to read: 19
232-(a) To obtain a national criminal history record check for determining a 20
233-person's qualifications for a license, permit, registration, employment, or position, a 21
234-person shall submit the person's fingerprints to the department with the fee established 22
235-by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 23
236-of Investigation to obtain a national criminal history record check of the person for the 24
237-purpose of evaluating a person's qualifications for 25
238-(1) a license or conditional contractor's permit to manufacture, sell, 26
239-offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 27
240-under AS 04.11; 28
241-(2) licensure as a mortgage lender, a mortgage broker, or a mortgage 29
242-loan originator under AS 06.60; 30
243-(3) admission to the Alaska Bar Association under AS 08.08; 31 33-LS0293\R
244-CSSB 94(L&C) -8- SB0094B
215+(14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 1
216+(15) licensure as an insurance producer, managing general agent, 2
217+reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 3
218+broker, or independent adjuster under AS 21.27; 4
219+(16) serving and executing process issued by a court by a person 5
220+designated under AS 22.20.130; 6
221+(17) a school bus driver license under AS 28.15.046; 7
222+(18) licensure as an operator or an instructor for a commercial driver 8
223+training school under AS 28.17; 9
224+(19) registration as a broker-dealer, agent, investment adviser 10
225+representative, or investment adviser under AS 45.56.300 - 45.56.350; 11
226+(20) licensure, license renewal, certification, certification renewal, or 12
227+payment from the Department of Health of an individual and an entity subject to the 13
228+requirements for a criminal history check under AS 47.05.310, including 14
229+(A) a public home care provider described in AS 47.05.017; 15
230+(B) a provider of home and community-based waiver services 16
231+financed under AS 47.07.030(c); 17
232+(C) a case manager to coordinate community mental health 18
233+services under AS 47.30.530; 19
234+(D) an entity listed in AS 47.32.010(b) and (c), including an 20
235+owner, officer, director, member, partner, employee, volunteer, or contractor of 21
236+an entity; or 22
237+(E) an individual or entity not described in (A) - (D) of this 23
238+paragraph that is required by statute or regulation to be licensed or certified by 24
239+the Department of Health or that is eligible to receive payments, in whole or in 25
240+part, from the Department of Health to provide for the health, safety, and 26
241+welfare of persons who are served by the programs administered by the 27
242+Department of Health; 28
243+(21) employment as a village public safety officer under AS 18.65.672 29
244+or certification as a village public safety officer under AS 18.65.682; 30
245+(22) licensure, license renewal, certification, or certification renewal 31 33-LS0293\U
246+SB 94 -8- SB0094A
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246248
247-(4) licensure as a collection agency operator under AS 08.24; 1
248-(5) a certificate of fitness to handle explosives under AS 08.52; 2
249-(6) licensure as a massage therapist under AS 08.61; 3
250-(7) licensure to practice nursing or certification as a nurse aide under 4
251-AS 08.68; 5
252-(8) certification as a real estate appraiser under AS 08.87; 6
253-(9) a position involving supervisory or disciplinary power over a minor 7
254-or dependent adult for which criminal justice information may be released under 8
255-AS 12.62.160(b)(9); 9
256-(10) a teacher certificate under AS 14.20; 10
257-(11) a registration or license to operate a marijuana establishment 11
258-under AS 17.38; 12
259-(12) admittance to a police training program under AS 18.65.230 or for 13
260-certification as a police officer under AS 18.65.240 if that person's prospective 14
261-employer does not have access to a criminal justice information system; 15
262-(13) licensure as a security guard under AS 18.65.400 - 18.65.490; 16
263-(14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 17
264-(15) licensure as an insurance producer, managing general agent, 18
265-reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 19
266-broker, or independent adjuster under AS 21.27; 20
267-(16) serving and executing process issued by a court by a person 21
268-designated under AS 22.20.130; 22
269-(17) a school bus driver license under AS 28.15.046; 23
270-(18) licensure as an operator or an instructor for a commercial driver 24
271-training school under AS 28.17; 25
272-(19) registration as a broker-dealer, agent, investment adviser 26
273-representative, or investment adviser under AS 45.56.300 - 45.56.350; 27
274-(20) licensure, license renewal, certification, certification renewal, or 28
275-payment from the Department of Health of an individual and an entity subject to the 29
276-requirements for a criminal history check under AS 47.05.310, including 30
277-(A) a public home care provider described in AS 47.05.017; 31 33-LS0293\R
278-SB0094B -9- CSSB 94(L&C)
249+by the Department of Family and Community Services of an individual or entity, or 1
250+payment from the Department of Family and Community Services to an individual or 2
251+entity, subject to the requirements for a criminal history check under AS 47.05.310 for 3
252+a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 4
253+including an owner, officer, director, member, partner, employee, volunteer, or 5
254+contractor of an entity; 6
255+(23) licensure as a pharmacist or pharmacy technician under 7
256+AS 08.80. 8
257+ * Sec. 12. AS 17.22.010 is amended to read: 9
258+Sec. 17.22.010. Prescription, purchase, and administration of epinephrine 10
259+by a trained individual. An individual who is 18 years of age or older may obtain a 11
260+prescription for, purchase, and, in an emergency situation, administer epinephrine to 12
261+another person using 13
262+[(1)] an auto-injector, if the individual has successfully completed a 14
263+training program approved by the board [DEPARTMENT] under as 17.22.020(b) [; 15
264+OR 16
265+(2) AN AMPULE, IF THE INDIVIDUAL HAS SUCCESSFULLY 17
266+COMPLETED A TRAINING PROGRAM APPROVED BY THE DEPARTMENT 18
267+UNDER AS 17.22.020(c)]. 19
268+ * Sec. 13. AS 17.22.020(a) is amended to read: 20
269+(a) The board [DEPARTMENT] shall adopt standards for the approval of a 21
270+training program [PROGRAMS] for the use of 22
271+[(1)] epinephrine auto-injectors [; AND 23
272+(2) EPINEPHRINE AMPULES]. 24
273+ * Sec. 14. AS 17.22.020(b) is amended to read: 25
274+(b) The board [DEPARTMENT] shall approve an auto-injector training 26
275+program that meets standards adopted under (a) [(a)(1)] of this section. The standards 27
276+must require an epinephrine auto-injector program to provide training in 28
277+(1) techniques on how to recognize symptoms of severe asthmatic or 29
278+allergic reactions, including anaphylaxis; 30
279+(2) standards and procedures for the storage of epinephrine auto-31 33-LS0293\U
280+SB0094A -9- SB 94
279281 New Text Underlined [DELETED TEXT BRACKETED]
280282
281-(B) a provider of home and community-based waiver services 1
282-financed under AS 47.07.030(c); 2
283-(C) a case manager to coordinate community mental health 3
284-services under AS 47.30.530; 4
285-(D) an entity listed in AS 47.32.010(b) and (c), including an 5
286-owner, officer, director, member, partner, employee, volunteer, or contractor of 6
287-an entity; or 7
288-(E) an individual or entity not described in (A) - (D) of this 8
289-paragraph that is required by statute or regulation to be licensed or certified by 9
290-the Department of Health or that is eligible to receive payments, in whole or in 10
291-part, from the Department of Health to provide for the health, safety, and 11
292-welfare of persons who are served by the programs administered by the 12
293-Department of Health; 13
294-(21) employment as a village public safety officer under AS 18.65.672 14
295-or certification as a village public safety officer under AS 18.65.682; 15
296-(22) licensure, license renewal, certification, or certification renewal 16
297-by the Department of Family and Community Services of an individual or entity, or 17
298-payment from the Department of Family and Community Services to an individual or 18
299-entity, subject to the requirements for a criminal history check under AS 47.05.310 for 19
300-a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 20
301-including an owner, officer, director, member, partner, employee, volunteer, or 21
302-contractor of an entity; 22
303-(23) licensure as a pharmacist or pharmacy technician under 23
304-AS 08.80. 24
305- * Sec. 13. AS 17.22.010 is amended to read: 25
306-Sec. 17.22.010. Prescription, purchase, and administration of epinephrine 26
307-by a trained individual. An individual who is 18 years of age or older may obtain a 27
308-prescription for, purchase, and, in an emergency situation, administer epinephrine to 28
309-another person using 29
310-[(1)] an auto-injector, if the individual has successfully completed a 30
311-training program approved by the board [DEPARTMENT] under as 17.22.020(b) [; 31 33-LS0293\R
312-CSSB 94(L&C) -10- SB0094B
283+injectors and administration of epinephrine using auto-injectors; and 1
284+(3) emergency follow-up procedures. 2
285+ * Sec. 15. AS 17.22.030 is amended to read: 3
286+Sec. 17.22.030. Applicability. This chapter does not apply to a person who is 4
287+authorized under another law to administer epinephrine [OR TO A PERSON WHO IS 5
288+PRESCRIBED EPINEPHRINE FOR PERSONAL USE]. 6
289+ * Sec. 16. AS 17.22.040 is amended to read: 7
290+Sec. 17.22.040. Liability of certified individual. A claim for relief may not be 8
291+brought against an individual who has successfully completed an auto-injector [A] 9
292+training program approved by the board [DEPARTMENT] under AS 17.22.020 for an 10
293+act or omission relating to the administration of epinephrine to another individual in an 11
294+emergency situation if the individual who completed the training program acted in 12
295+good faith under the authority granted by this chapter. 13
296+ * Sec. 17. AS 17.22.090 is amended by adding a new paragraph to read: 14
297+(3) "board" means the Board of Pharmacy. 15
298+ * Sec. 18. AS 08.80.110(2), 08.80.158; AS 17.22.020(c), and 17.22.090(1) are repealed. 16
299+ * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 17
300+read: 18
301+TRANSITION: EFFECT ON CURRENT REGISTERED PHARMACIES. On and 19
302+after the effective date of sec. 18 of this Act, a pharmacy registered under AS 08.80.158 on 20
303+the effective date of sec. 18 of this Act may continue to ship, mail, or deliver prescription 21
304+drugs to consumers in the state under the registration until the registration expires normally 22
305+under AS 08.80. 23
306+ * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 24
307+read: 25
308+TRANSITION: REGULATIONS. The Board of Pharmacy and the Department of 26
309+Commerce, Community, and Economic Development may adopt regulations necessary to 27
310+implement the changes made by this Act. The regulations take effect under AS 44.62 28
311+(Administrative Procedure Act), but not before the effective date of the relevant provision of 29
312+this Act implemented by the regulation. 30
313+ * Sec. 21. Section 20 of this Act takes effect immediately under AS 01.10.070(c). 31 33-LS0293\U
314+SB 94 -10- SB0094A
313315 New Text Underlined [DELETED TEXT BRACKETED]
314316
315-OR 1
316-(2) AN AMPULE, IF THE INDIVIDUAL HAS SUCCESSFULLY 2
317-COMPLETED A TRAINING PROGRAM APPROVED BY THE DEPARTMENT 3
318-UNDER AS 17.22.020(c)]. 4
319- * Sec. 14. AS 17.22.020(a) is amended to read: 5
320-(a) The board [DEPARTMENT] shall adopt standards for the approval of a 6
321-training program [PROGRAMS] for the use of 7
322-[(1)] epinephrine auto-injectors [; AND 8
323-(2) EPINEPHRINE AMPULES]. 9
324- * Sec. 15. AS 17.22.020(b) is amended to read: 10
325-(b) The board [DEPARTMENT] shall approve an auto-injector training 11
326-program that meets standards adopted under (a) [(a)(1)] of this section. The standards 12
327-must require an epinephrine auto-injector program to provide training in 13
328-(1) techniques on how to recognize symptoms of severe asthmatic or 14
329-allergic reactions, including anaphylaxis; 15
330-(2) standards and procedures for the storage of epinephrine auto-16
331-injectors and administration of epinephrine using auto-injectors; and 17
332-(3) emergency follow-up procedures. 18
333- * Sec. 16. AS 17.22.030 is amended to read: 19
334-Sec. 17.22.030. Applicability. This chapter does not apply to a person who is 20
335-authorized under another law to administer epinephrine [OR TO A PERSON WHO IS 21
336-PRESCRIBED EPINEPHRINE FOR PERSONAL USE]. 22
337- * Sec. 17. AS 17.22.040 is amended to read: 23
338-Sec. 17.22.040. Liability of certified individual. A claim for relief may not be 24
339-brought against an individual who has successfully completed an auto-injector [A] 25
340-training program approved by the board [DEPARTMENT] under AS 17.22.020 for an 26
341-act or omission relating to the administration of epinephrine to another individual in an 27
342-emergency situation if the individual who completed the training program acted in 28
343-good faith under the authority granted by this chapter. 29
344- * Sec. 18. AS 17.22.090 is amended by adding a new paragraph to read: 30
345-(3) "board" means the Board of Pharmacy. 31 33-LS0293\R
346-SB0094B -11- CSSB 94(L&C)
347- New Text Underlined [DELETED TEXT BRACKETED]
348-
349- * Sec. 19. AS 08.80.110(2), 08.80.158; AS 17.22.020(c), and 17.22.090(1) are repealed. 1
350- * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 2
351-read: 3
352-TRANSITION: EFFECT ON CURRENT REGISTERED PHARMACIES. On and 4
353-after the effective date of sec. 19 of this Act, a pharmacy registered under AS 08.80.158 on 5
354-the effective date of sec. 19 of this Act may continue to ship, mail, or deliver prescription 6
355-drugs to consumers in the state under the registration until the registration expires normally 7
356-under AS 08.80. 8
357- * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 9
358-read: 10
359-TRANSITION: REGULATIONS. The Board of Pharmacy and the Department of 11
360-Commerce, Community, and Economic Development may adopt regulations necessary to 12
361-implement the changes made by this Act. The regulations take effect under AS 44.62 13
362-(Administrative Procedure Act), but not before the effective date of the relevant provision of 14
363-this Act implemented by the regulation. 15
364- * Sec. 22. Sections 4 and 21 of this Act take effect immediately under AS 01.10.070(c). 16
365- * Sec. 23. Except as provided in sec. 22 of this Act, this Act takes effect November 26, 17
366-2023. 18
317+ * Sec. 22. Except as provided in sec. 21 of this Act, this Act takes effect November 26, 1
318+2023. 2