SB 79 — An Act relating to the prescription of opioids; establishing the Voluntary Nonopioid Directive Act; relating to the controlled substance prescription database; relating to the practice of dentistry; relating to the practice of medicine; relating to the practice of podiatry; relating to the practice of osteopathy; relating to the practice of nursing; relating to the practice of optometry; relating to the practice of veterinary medicine; related to the duties of the Board of Pharmacy; and providing for an effective date.

0203 (B) addiction or dependence on alcohol or other drugs that 0304 impair the dentist's ability to practice safely;

0405 (C) physical or mental disability;

0506 (9) engaged in lewd or immoral conduct in connection with the 0607 delivery of professional service to patients;

0708 (10) permitted a dental hygienist or dental assistant who is employed 0809 by the dentist or working under the dentist's supervision to perform a dental procedure 0910 in violation of AS 08.32.110 or AS 08.36.346;

1011 (11) failed to report to the board a death that occurred on the premises 1112 used for the practice of dentistry within 48 hours;

1213 (12) falsified or destroyed patient or facility records or failed to 1314 maintain a patient or facility record for at least seven years after the date the record 1415 was created;

1516 (13) prescribed or dispensed an opioid in excess of the maximum 1617 dosage authorized under AS 08.36.355;

or 1718 (14) procured, sold, prescribed, or dispensed drugs in violation of 1819 a law, regardless of whether there has been a criminal action or harm to the 1920 patient.

2021 * Sec.

2122 Sec.

(a) A licensee 2223 may not issue 2324 (1) an initial prescription for an opioid that exceeds a seven-day supply 2425 to an adult patient for outpatient use;

2526 (2) a prescription for an opioid that exceeds a seven-day supply to a 2627 minor;

at the time a licensee writes a prescription for an opioid for a minor, the 2728 licensee shall discuss with the parent or guardian of the minor why the prescription is 2829 necessary and the risks associated with opioid use.

2930 (b) Notwithstanding (a) of this section, a licensee may issue a prescription for 3031 an opioid that exceeds a seven-day supply to an adult or minor patient if, in the 31 professional judgment of the licensee, more than a seven-day supply of an opioid is 02 necessary for 0203 (1) the patient's chronic pain management;

the licensee may write a 0304 prescription for an opioid for the quantity needed to treat the patient's medical 0405 condition or chronic pain;

the licensee shall document in the patient's medical record 0506 the condition triggering the prescription of an opioid in a quantity that exceeds a 0607 seven-day supply and indicate that a nonopioid alternative was not appropriate to 0708 address the medical condition;

or 0809 (2) a patient who is unable to access a practitioner within the time 0910 necessary for a refill of the seven-day supply because of a logistical or travel barrier;

1011 the licensee may write a prescription for an opioid for the quantity needed to treat the 1112 patient for the time that the patient is unable to access a practitioner;

the licensee shall 1213 document in the patient's medical record the reason for the prescription of an opioid in 1314 a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative 1415 was not appropriate to address the medical condition;

in this paragraph, "practitioner" 1516 has the meaning given in AS 11.71.900.

1617 (c) In this section, 1718 (1) "adult" means 1819 (A) a individual who has reached 18 years of age;

or 1920 (B) an emancipated minor;

2021 (2) "emancipated minor" means a minor whose disabilities have been 2122 removed for general purposes under AS 09.55.590;

2223 (3) "minor" means an individual under 18 years of age who is not an 2324 emancipated minor.

2425 * Sec.

2526 (10) "opioid" includes the opium and opiate substances and opium and 2627 opiate derivatives listed in AS 11.71.140.11.71.140 and 11.71.160.

2728 * Sec.

2829 Sec.

Regulation of physician assistants and intensive care 2930 paramedics.

The board shall adopt regulations regarding the licensure of physician 3031 assistants and registration of mobile intensive care paramedics, and the medical 31 services that they may perform, including the 02 (1) educational and other qualifications, including education in pain 0203 management and opioid use and addiction;

0304 (2) application and registration procedures;

0405 (3) scope of activities authorized;

and 0506 (4) responsibilities of the supervising or training physician.

0607 * Sec.

0708 (a) Except for foreign medical graduates as specified in AS 08.64.225, each 0809 physician applicant shall 0910 (1) submit a certificate of graduation from a legally chartered medical 1011 school accredited by the Association of American Medical Colleges and the Council 1112 on Medical Education of the American Medical Association;

1213 (2) submit a certificate from a recognized hospital or hospitals 1314 certifying that the applicant has satisfactorily performed the duties of resident 1415 physician or intern for a period of 1516 (A) one year if the applicant graduated from medical school 1617 before January 1, 1995, as evidenced by a certificate of completion of the first 1718 year of postgraduate training from the facility where the applicant completed 1819 the first year of internship or residency;

and 1920 (B) two years if the applicant graduated from medical school 2021 on or after January 1, 1995, as evidenced by a certificate of completion of the 2122 first year of postgraduate training from the facility where the applicant 2223 completed the first year of internship or residency and a certificate of 2324 successful completion of one additional year of postgraduate training at a 2425 recognized hospital;

2526 (3) submit a list of negotiated settlements or judgments in claims or 2627 civil actions alleging medical malpractice against the applicant, including an 2728 explanation of the basis for each claim or action;

[AND] 2829 (4) not have a license to practice medicine in another state, country, 2930 province, or territory that is currently suspended or revoked for disciplinary reasons;

3031 and 31 (5) receive education in pain management and opioid use and 02 addiction, unless the applicant has demonstrated to the satisfaction of the board 0203 that the applicant does not currently hold a valid federal Drug Enforcement 0304 Administration registration number;

an applicant may include past professional 0405 experience or professional education as proof of professional competence.

0506 * Sec.

0607 Sec.

Each osteopath 0708 applicant shall meet the qualifications prescribed in AS 08.64.200(a)(3) - (5) 0809 [AS 08.64.200(a)(3) AND (4)] and shall 0910 (1) submit a certificate of graduation from the legally chartered school 1011 of osteopathy approved by the board;

1112 (2) submit a certificate from a hospital approved by the American 1213 Medical Association or the American Osteopathic Association that certifies that the 1314 osteopath has satisfactorily completed and performed the duties of intern or resident 1415 physician for 1516 (A) one year if the applicant graduated from a school of 1617 osteopathy before January 1, 1995, as evidenced by a certificate of completion 1718 of the first year of postgraduate training from the facility where the applicant 1819 completed the first year of internship or residency;

or 1920 (B) two years if the applicant graduated from a school of 2021 osteopathy on or after January 1, 1995, as evidenced by a certificate of 2122 completion of the first year of postgraduate training from the facility where the 2223 applicant completed the first year of internship or residency and a certificate of 2324 successful completion of one additional year of postgraduate training at a 2425 recognized hospital;

2526 (3) take the examination required by AS 08.64.210 or be certified to 2627 practice by the National Board of Examiners for Osteopathic Physicians and 2728 Surgeons;

2829 (4) receive education in pain management and opioid use and 2930 addiction, unless the applicant has demonstrated to the satisfaction of the board 3031 that the applicant does not currently hold a valid federal Drug Enforcement 31 Administration registration number;

an applicant may include past professional 02 experience or professional education as proof of professional competence.

0203 * Sec.

0304 (a) Each applicant who desires to practice podiatry shall meet the 0405 qualifications prescribed in AS 08.64.200(a)(3) - (5) [AS 08.64.200(a)(3) AND (4)] 0506 and shall 0607 (1) submit a certificate of graduation from a legally chartered school of 0708 podiatry approved by the board;

0809 (2) take the examination required by AS 08.64.210;

the State Medical 0910 Board shall call to its aid a podiatrist of known ability who is licensed to practice 1011 podiatry to assist in the examination and licensure of applicants for a license to 1112 practice podiatry;

1213 (3) receive education in pain management and opioid use and 1314 addiction, unless the applicant has demonstrated to the satisfaction of the board 1415 that the applicant does not currently hold a valid federal Drug Enforcement 1516 Administration registration number;

an applicant may include past professional 1617 experience or professional education as proof of professional competence;

1718 (4) meet other qualifications of experience or education which the 1819 board may require.

1920 * Sec.

2021 (a) Applicants who are graduates of medical colleges not accredited by the 2122 Association of American Medical Colleges and the Council on Medical Education of 2223 the American Medical Association shall 2324 (1) meet the requirements of AS 08.64.200(a)(3) - (5) 2425 [AS 08.64.200(a)(3) AND (4)] and 08.64.255;

2526 (2) have successfully completed 2627 (A) three years of postgraduate training as evidenced by a 2728 certificate of completion of the first year of postgraduate training from the 2829 facility where the applicant completed the first year of internship or residency 2930 and a certificate of successful completion of two additional years of 3031 postgraduate training at a recognized hospital;

or 31 (B) other requirements establishing proof of competency and 02 professional qualifications as the board considers necessary to ensure the 0203 continued protection of the public adopted at the discretion of the board by 0304 regulation, including education in pain management and opioid use and 0405 addiction, unless the applicant has demonstrated to the satisfaction of the 0506 board that the applicant does not currently hold a valid federal Drug 0607 Enforcement Administration registration number;

an applicant may 0708 include past professional experience or professional education as proof of 0809 professional competence;

and 0910 (3) have passed examinations as specified by the board in regulations.

1011 * Sec.

1112 Sec.

The board may waive the examination 1213 requirement and license by credentials if the physician, osteopath, or podiatry 1314 applicant meets the requirements of AS 08.64.200, 08.64.205, or 08.64.209, submits 1415 proof of continued competence as required by regulation, pays the required fee, and 1516 has 1617 (1) an active license from a board of medical examiners established 1718 under the laws of a state or territory of the United States or a province or territory of 1819 Canada issued after thorough examination;

or 1920 (2) passed an examination as specified by the board in regulations.

2021 * Sec.

2122 (b) The board shall adopt regulations under (a) of this section that require an 2223 applicant demonstrate professional competence in pain management and addiction 2324 disorders.

An applicant may include past professional experience or professional 2425 education as proof of professional competence.

2526 * Sec.

2627 Sec.

(a) The board shall 2728 promote a high degree of competence in the practice of medicine, osteopathy, and 2829 podiatry by requiring every licensee of medicine, osteopathy, and podiatry 2930 [PHYSICIAN LICENSED] in the state to fulfill continuing education requirements.

3031 (b) Before a license may be renewed, the licensee shall submit evidence to the 31 board or its designee that continuing education requirements prescribed by regulations 02 adopted by the board have been met.

Continuing education requirements must 0203 include not less than two hours of education in pain management and opioid use 0304 and addiction for every 40 hours of education received, unless the licensee 0405 demonstrates to the satisfaction of the board that the licensee's practice does not 0506 include pain management and opioid treatment or prescribing.

0607 (c) The board or its designee may exempt a physician, osteopath, or 0708 podiatrist from the requirements of (b) of this section upon an application by the 0809 physician, osteopath, or podiatrist giving evidence satisfactory to the board or its 0910 designee that the physician, osteopath, or podiatrist is unable to comply with the 1011 requirements because of extenuating circumstances.

However, a person may not be 1112 exempted from more than 15 hours of continuing education in a five-year period;

a 1213 person may not be exempted from the requirement to receive at least two hours 1314 of education in pain management and opioid use and addiction unless the person 1415 has demonstrated to the satisfaction of the board that the person does not 1516 currently hold a valid federal Drug Enforcement Administration registration 1617 number.

1718 * Sec.

1819 (a) The board may impose a sanction if the board finds after a hearing that a 1920 licensee 2021 (1) secured a license through deceit, fraud, or intentional 2122 misrepresentation;

2223 (2) engaged in deceit, fraud, or intentional misrepresentation while 2324 providing professional services or engaging in professional activities;

2425 (3) advertised professional services in a false or misleading manner;

2526 (4) has been convicted, including conviction based on a guilty plea or 2627 plea of nolo contendere, of 2728 (A) a class A or unclassified felony or a crime in another 2829 jurisdiction with elements similar to a class A or unclassified felony in this 2930 jurisdiction;

3031 (B) a class B or class C felony or a crime in another jurisdiction 31 with elements similar to a class B or class C felony in this jurisdiction if the 02 felony or other crime is substantially related to the qualifications, functions, or 0203 duties of the licensee;

or 0304 (C) a crime involving the unlawful procurement, sale, 0405 prescription, or dispensing of drugs;

0506 (5) has procured, sold, prescribed, or dispensed drugs in violation of a 0607 law regardless of whether there has been a criminal action or harm to the patient;

0708 (6) intentionally or negligently permitted the performance of patient 0809 care by persons under the licensee's supervision that does not conform to minimum 0910 professional standards even if the patient was not injured;

1011 (7) failed to comply with this chapter, a regulation adopted under this 1112 chapter, or an order of the board;

1213 (8) has demonstrated 1314 (A) professional incompetence, gross negligence, or repeated 1415 negligent conduct;

the board may not base a finding of professional 1516 incompetence solely on the basis that a licensee's practice is unconventional or 1617 experimental in the absence of demonstrable physical harm to a patient;

1718 (B) addiction to, severe dependency on, or habitual overuse of 1819 alcohol or other drugs that impairs the licensee's ability to practice safely;

1920 (C) unfitness because of physical or mental disability;

2021 (9) engaged in unprofessional conduct, in sexual misconduct, or in 2122 lewd or immoral conduct in connection with the delivery of professional services to 2223 patients;

in this paragraph, "sexual misconduct" includes sexual contact, as defined by 2324 the board in regulations adopted under this chapter, or attempted sexual contact with a 2425 patient outside the scope of generally accepted methods of examination or treatment of 2526 the patient, regardless of the patient's consent or lack of consent, during the term of the 2627 physician-patient relationship, as defined by the board in regulations adopted under 2728 this chapter, unless the patient was the licensee's spouse at the time of the contact or, 2829 immediately preceding the physician-patient relationship, was in a dating, courtship, 2930 or engagement relationship with the licensee;

3031 (10) has violated AS 18.16.010;

31 (11) has violated any code of ethics adopted by regulation by the 02 board;

0203 (12) has denied care or treatment to a patient or person seeking 0304 assistance from the physician if the only reason for the denial is the failure or refusal 0405 of the patient to agree to arbitrate as provided in AS 09.55.535(a);

[OR] 0506 (13) has had a license or certificate to practice medicine in another 0607 state or territory of the United States, or a province or territory of Canada, denied, 0708 suspended, revoked, surrendered while under investigation for an alleged violation, 0809 restricted, limited, conditioned, or placed on probation unless the denial, suspension, 0910 revocation, or other action was caused by the failure of the licensee to pay fees to that 1011 state, territory, or province;

or 1112 (14) prescribed or dispensed an opioid in excess of the maximum 1213 dosage authorized under AS 08.64.363.

1314 * Sec.

1415 Sec.

(a) A licensee 1516 may not issue 1617 (1) an initial prescription for an opioid that exceeds a seven-day supply 1718 to an adult patient for outpatient use;

1819 (2) a prescription for an opioid that exceeds a seven-day supply to a 1920 minor;

at the time a licensee writes a prescription for an opioid for a minor, the 2021 licensee shall discuss with the parent or guardian of the minor why the prescription is 2122 necessary and the risks associated with opioid use.

2223 (b) Notwithstanding (a) of this section, a licensee may issue a prescription for 2324 an opioid that exceeds a seven-day supply to an adult or minor patient if, in the 2425 professional medical judgment of the licensee, more than a seven-day supply of an 2526 opioid is necessary for 2627 (1) the patient's acute medical condition, chronic pain management, 2728 pain associated with cancer, or pain experienced while the patient is in palliative care;

2829 the licensee may write a prescription for an opioid for the quantity needed to treat the 2930 patient's medical condition, chronic pain, pain associated with cancer, or pain 3031 experienced while the patient is in palliative care;

the licensee shall document in the 31 patient's medical record the condition triggering the prescription of an opioid in a 02 quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was 0203 not appropriate to address the medical condition;

0304 (2) a patient who is unable to access a practitioner within the time 0405 necessary for a refill of the seven-day supply because of a logistical or travel barrier;

0506 the licensee may write a prescription for an opioid for the quantity needed to treat the 0607 patient for the time that the patient is unable to access a practitioner;

the licensee shall 0708 document in the patient's medical record the reason for the prescription of an opioid in 0809 a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative 0910 was not appropriate to address the medical condition;

in this paragraph, "practitioner" 1011 has the meaning given in AS 11.71.900;

or 1112 (3) the treatment of a patient's substance abuse or opioid dependence;

1213 the licensee may write a prescription for an opioid approved for the treatment of 1314 substance abuse or opioid dependence for the quantity needed to treat the patient's 1415 substance abuse or opioid dependence;

the licensee shall document in the patient's 1516 medical record the reason for the prescription of an opioid approved for the treatment 1617 of substance abuse or opioid dependence in a quantity that exceeds a seven-day supply 1718 and indicate that a nonopioid alternative was not appropriate for the treatment of 1819 substance abuse or opioid dependence.

1920 (c) In this section, 2021 (1) "adult" means 2122 (A) an individual who has reached 18 years of age;

or 2223 (B) an emancipated minor;

2324 (2) "emancipated minor" means a minor whose disabilities have been 2425 removed for general purposes under AS 09.55.590;

2526 (3) "minor" means a individual under 18 years of age who is not an 2627 emancipated minor.

2728 * Sec.

2829 (c) The board may not impose disciplinary sanctions on a physician for 2930 prescribing, dispensing, or administering a prescription drug that is a controlled 3031 substance or botulinum toxin if the requirements under (a) of this section and 31 AS 08.64.363 are met and the physician prescribes, dispenses, or administers the 02 controlled substance or botulinum toxin when an appropriate licensed health care 0203 provider is present with the patient to assist the physician with examination, diagnosis, 0304 and treatment.

0405 * Sec.

0506 (7) "opioid" includes the opium and opiate substances and opium and 0607 opiate derivatives listed in AS 11.71.140.11.71.140 and 11.71.160.

0708 * Sec.

0809 (a) The board shall 0910 (1) adopt regulations necessary to implement this chapter, including 1011 regulations 1112 (A) pertaining to practice as an advanced practice registered 1213 nurse, including requirements for an advanced practice registered nurse to 1314 practice as a certified registered nurse anesthetist, certified clinical nurse 1415 specialist, certified nurse practitioner, or certified nurse midwife;

regulations 1516 for an advanced practice registered nurse who holds a valid federal Drug 1617 Enforcement Administration registration number must address training 1718 in pain management and opioid use and addiction;

1819 (B) necessary to implement AS 08.68.331 - 08.68.336 relating 1920 to certified nurse aides in order to protect the health, safety, and welfare of 2021 clients served by nurse aides;

2122 (C) pertaining to retired nurse status;

and 2223 (D) establishing criteria for approval of practical nurse 2324 education programs that are not accredited by a national nursing accrediting 2425 body;

2526 (2) approve curricula and adopt standards for basic education programs 2627 that prepare persons for licensing under AS 08.68.190;

2728 (3) provide for surveys of the basic nursing education programs in the 2829 state at the times it considers necessary;

2930 (4) approve education programs that meet the requirements of this 3031 chapter and of the board, and deny, revoke, or suspend approval of education 31 programs for failure to meet the requirements;

02 (5) examine, license, and renew the licenses of qualified applicants;

0203 (6) prescribe requirements for competence before a former registered, 0304 advanced practice registered, or licensed practical nurse may resume the practice of 0405 nursing under this chapter;

0506 (7) define by regulation the qualifications and duties of the executive 0607 administrator and delegate authority to the executive administrator that is necessary to 0708 conduct board business;

0809 (8) develop reasonable and uniform standards for nursing practice;

0910 (9) publish advisory opinions regarding whether nursing practice 1011 procedures or policies comply with acceptable standards of nursing practice as defined 1112 under this chapter;

1213 (10) require applicants under this chapter to submit fingerprints and the 1314 fees required by the Department of Public Safety under AS 12.62.160 for criminal 1415 justice information and a national criminal history record check;

the department shall 1516 submit the fingerprints and fees to the Department of Public Safety for a report of 1617 criminal justice information under AS 12.62 and a national criminal history record 1718 check under AS 12.62.400;

1819 (11) require that a licensed advanced practice registered nurse 1920 [PRACTITIONER] who has a federal Drug Enforcement Administration registration 2021 number register with the controlled substance prescription database under 2122 AS 17.30.200(o).

2223 * Sec.

2324 Sec.

The board 2425 may deny, suspend, or revoke the license of a person who 2526 (1) has obtained or attempted to obtain a license to practice nursing by 2627 fraud or deceit;

2728 (2) has been convicted of a felony or other crime if the felony or other 2829 crime is substantially related to the qualifications, functions, or duties of the licensee;

2930 (3) habitually abuses alcoholic beverages, or illegally uses controlled 3031 substances;

31 (4) has impersonated a registered, advanced practice registered, or 02 practical nurse;

0203 (5) has intentionally or negligently engaged in conduct that has 0304 resulted in a significant risk to the health or safety of a client or in injury to a client;

0405 (6) practices or attempts to practice nursing while afflicted with 0506 physical or mental illness, deterioration, or disability that interferes with the 0607 individual's performance of nursing functions;

0708 (7) is guilty of unprofessional conduct as defined by regulations 0809 adopted by the board;

0910 (8) has wilfully or repeatedly violated a provision of this chapter or 1011 regulations adopted under this chapter or AS 08.01;

1112 (9) is professionally incompetent;

1213 (10) denies care or treatment to a patient or person seeking assistance 1314 if the sole reason for the denial is the failure or refusal of the patient or person seeking 1415 assistance to agree to arbitrate as provided in AS 09.55.535(a);

1516 (11) has prescribed or dispensed an opioid in excess of the 1617 maximum dosage authorized under AS 08.68.705;

or 1718 (12) has procured, sold, prescribed, or dispensed drugs in violation 1819 of a law, regardless of whether there has been a criminal action or harm to the 1920 patient.

2021 * Sec.

2122 Sec.

A license to practice 2223 nursing may not be renewed unless the nurse has complied with continuing 2324 competence requirements established by the board by regulation.

The board shall 2425 adopt regulations for renewal of a license of an advanced practice registered 2526 nurse.

The regulations must require that a licensee receive not less than two 2627 hours of education in pain management and opioid use and addiction in the two 2728 years preceding an application for renewal of a license unless the licensee has 2829 demonstrated to the satisfaction of the board that the licensee does not currently 2930 hold a valid federal Drug Enforcement Administration registration number.

3031 * Sec.

31 Sec.

(a) An advanced 02 practice registered nurse may not issue 0203 (1) an initial prescription for an opioid that exceeds a seven-day supply 0304 to an adult patient for outpatient use;

0405 (2) a prescription for an opioid that exceeds a seven-day supply to a 0506 minor;

at the time an advanced practice registered nurse writes a prescription for an 0607 opioid for a minor, the advanced practice registered nurse shall discuss with the parent 0708 or guardian of the minor why the prescription is necessary and the risks associated 0809 with opioid use.

0910 (b) Notwithstanding (a) of this section, an advanced practice registered nurse 1011 may issue a prescription for an opioid that exceeds a seven-day supply to an adult or 1112 minor patient if, in the professional judgment of the advanced practice registered 1213 nurse, more than a seven-day supply of an opioid is necessary for 1314 (1) the patient's acute medical condition, chronic pain management, 1415 pain associated with cancer, or pain experienced while the patient is in palliative care;

1516 the advanced practice registered nurse may write a prescription for an opioid for the 1617 quantity needed to treat the patient's medical condition, chronic pain, pain associated 1718 with cancer, or pain experienced while the patient is in palliative care;

the advanced 1819 practice registered nurse shall document in the patient's medical record the condition 1920 triggering the prescription of an opioid in a quantity that exceeds a seven-day supply 2021 and indicate that a nonopioid alternative was not appropriate to address the medical 2122 condition;

or 2223 (2) a patient who is unable to access a practitioner within the time 2324 necessary for a refill of the seven-day supply because of a logistical or travel barrier;

2425 the advanced practice registered nurse may write a prescription for an opioid for the 2526 quantity needed to treat the patient for the time that the patient is unable to access a 2627 practitioner;

the advanced practice registered nurse shall document in the patient's 2728 medical record the reason for the prescription of an opioid in a quantity that exceeds a 2829 seven-day supply and indicate that a nonopioid alternative was not appropriate to 2930 address the medical condition;

in this paragraph, "practitioner" has the meaning given 3031 in AS 11.71.900.

31 (c) This section does not authorize an advanced practice registered nurse to 02 prescribe a controlled substance if the advanced practice registered nurse is not 0203 otherwise authorized to prescribe a controlled substance under policies, procedures, or 0304 regulations issued or adopted by the board.

0405 (d) In this section, 0506 (1) "adult" means 0607 (A) an individual who has reached 18 years of age;

or 0708 (B) an emancipated minor;

0809 (2) "emancipated minor" means a minor whose disabilities have been 0910 removed for general purposes under AS 09.55.590;

1011 (3) "minor" means an individual under 18 years of age who is not an 1112 emancipated minor.

1213 * Sec.

1314 (12) "opioid" includes the opium and opiate substances and opium and 1415 opiate derivatives listed in AS 11.71.140.11.71.140 and 11.71.160.

1516 * Sec.

1617 Sec.

An applicant for licensure as an 1718 optometrist 1819 (1) shall be a graduate of a school or college of optometry recognized 1920 by the board;

2021 (2) may not have committed an act in any jurisdiction that would have 2122 constituted a violation of this chapter or regulations adopted under this chapter at the 2223 time the act was committed;

2324 (3) may not have been disciplined by an optometry licensing entity in 2425 another jurisdiction and may not be the subject of a pending disciplinary proceeding 2526 conducted by an optometry licensing entity in another jurisdiction;

however, the board 2627 may consider the disciplinary action and, in the board's discretion, determine if the 2728 person is qualified for licensure;

2829 (4) shall have successfully completed 2930 (A) the written and practical portions of an examination on 3031 ocular pharmacology approved by the board that tests the licensee's or 31 applicant's knowledge of the characteristics, pharmacological effects, 02 indications, contraindications, and emergency care associated with the 0203 prescription and use of pharmaceutical agents;

0304 (B) a nontopical therapeutic pharmaceutical agent course of at 0405 least 23 hours approved by the board or an examination approved by the board 0506 on the treatment and management of ocular disease;

and 0607 (C) an optometry and nontopical therapeutic pharmaceutical 0708 agent injection course of at least seven hours approved by the board or 0809 equivalent training acceptable to the board;

and 0910 (5) shall meet other qualifications for licensure as established under 1011 this chapter and regulations adopted by the board under AS 08.72.050;

the 1112 regulations must include qualifications for licensees who hold a valid federal 1213 Drug Enforcement Administration registration number that address training in 1314 pain management and opioid use and addiction.

1415 * Sec.

1516 Sec.

The board shall issue a license by 1617 credentials to an applicant who 1718 (1) is a graduate of a school or college of optometry recognized by the 1819 board;

1920 (2) has passed a written examination approved by the board that is 2021 designed to test the applicant's knowledge of the laws of Alaska governing the practice 2122 of optometry and the regulations adopted under those laws;

2223 (3) holds a current license to practice optometry in another state or 2324 territory of the United States or in a province of Canada that has licensure 2425 requirements that the board determines are equivalent to those established under this 2526 chapter;

2627 (4) at some time in the past, received a license to practice optometry 2728 from another state or territory of the United States or from a province of Canada that 2829 required the person to have passed the National Board of Examiners in Optometry 2930 examination to qualify for licensure;

3031 (5) was engaged in the active licensed clinical practice of optometry in 31 a state or territory of the United States or in a province of Canada for at least 3,120 02 hours during the 36 months preceding the date of application under this section;

0203 (6) has not committed an act in any jurisdiction that would have 0304 constituted a violation of this chapter or regulations adopted under this chapter at the 0405 time the act was committed;

[AND] 0506 (7) has not been disciplined by an optometry licensing entity in another 0607 jurisdiction and is not the subject of a pending disciplinary proceeding conducted by 0708 an optometry licensing entity in another jurisdiction;

however, the board may consider 0809 the disciplinary action and, in the board's discretion, determine whether [IF] the 0910 person is qualified for licensure;

and 1011 (8) has received education in pain management and opioid use and 1112 addiction adequate for the practice of optometry, unless the applicant has 1213 demonstrated to the satisfaction of the board that the applicant does not 1314 currently hold a valid federal Drug Enforcement Administration registration 1415 number;

an applicant may include past professional experience or professional 1516 education as proof of professional competence.

1617 * Sec.

1718 (d) Before a license may be renewed, the licensee shall submit to the board 1819 evidence that, in the fourtwo [FOUR] years preceding the application for renewal, the 20 licensee has 1921 (1) completed eight hours of continuing education, approved by the 2022 board, concerning the use and prescription of pharmaceutical agents;

2123 (2) completed seven hours of continuing education, approved by the 2224 board, concerning the injection of nontopical therapeutic pharmaceutical agents;

2325 [AND] 2426 (3) completed at least two hours of education in pain management 2527 and opioid use and addiction, unless the applicant has demonstrated to the 2628 satisfaction of the board that the applicant does not currently hold a valid federal 2729 Drug Enforcement Administration registration number;

and 2830 (4) met other continuing education requirements as may be prescribed 2931 by regulations of the board to ensure the continued protection of the public.

30 * Sec.

3102 Sec.

The board 03 may impose disciplinary sanctions when the board finds after a hearing that a licensee 0204 (1) secured a license through deceit, fraud, or intentional 0305 misrepresentation;

0406 (2) engaged in deceit, fraud, or intentional misrepresentation in the 0507 course of providing professional services or engaging in professional activities;

0608 (3) advertised professional services in a false or misleading manner;

0709 (4) has been convicted of a felony or other crime that [WHICH] 0810 affects the licensee's ability to continue to practice competently and safely;

0911 (5) intentionally or negligently engaged in or permitted the 1012 performance of patient care by persons under the licensee's supervision that [WHICH] 1113 does not conform to minimum professional standards regardless of whether actual 1214 injury to the patient occurred;

1315 (6) failed to comply with this chapter, with a regulation adopted under 1416 this chapter, or with an order of the board;

1517 (7) continued to practice after becoming unfit due to 1618 (A) professional incompetence;

1719 (B) failure to keep informed of or use current professional 1820 theories or practices;

1921 (C) addiction or severe dependency on alcohol or other drugs 2022 that [WHICH] impairs the licensee's ability to practice safely;

2123 (D) physical or mental disability;

2224 (8) engaged in lewd or immoral conduct in connection with the 2325 delivery of professional service to patients;

2426 (9) failed to refer a patient to a physician after ascertaining the 2527 presence of ocular or systemic conditions requiring management by a physician;

2628 (10) procured, sold, prescribed, or dispensed drugs in violation of 2729 a law, regardless of whether there has been a criminal action or harm to the 2830 patient.

2931 * Sec.

30 (b) In order to fulfill its responsibilities, the board has the powers necessary 3102 for implementation and enforcement of this chapter, including the power to 03 (1) elect a president and secretary from its membership and adopt rules 0204 for the conduct of its business;

0305 (2) license by examination or by license transfer the applicants who are 0406 qualified to engage in the practice of pharmacy;

0507 (3) assist the department in inspections and investigations for 0608 violations of this chapter, or of any other state or federal statute relating to the practice 0709 of pharmacy;

0810 (4) adopt regulations to carry out the purposes of this chapter;

0911 (5) establish and enforce compliance with professional standards and 1012 rules of conduct for pharmacists engaged in the practice of pharmacy;

1113 (6) determine standards for recognition and approval of degree 1214 programs of schools and colleges of pharmacy whose graduates shall be eligible for 1315 licensure in this state, including the specification and enforcement of requirements for 1416 practical training, including internships;

1517 (7) establish for pharmacists and pharmacies minimum specifications 1618 for the physical facilities, technical equipment, personnel, and procedures for the 1719 storage, compounding, and dispensing of drugs or related devices, and for the 1820 monitoring of drug therapy;

1921 (8) enforce the provisions of this chapter relating to the conduct or 2022 competence of pharmacists practicing in the state, and the suspension, revocation, or 2123 restriction of licenses to engage in the practice of pharmacy;

2224 (9) license and regulate the training, qualifications, and employment of 2325 pharmacy interns and pharmacy technicians;

2426 (10) issue licenses to persons engaged in the manufacture and 2527 distribution of drugs and related devices;

2628 (11) establish and maintain a controlled substance prescription 2729 database as provided in AS 17.30.200;

2830 (12) establish standards for the independent administration by a 2931 pharmacist of vaccines and related emergency medications under AS 08.80.168, 30 including the completion of an immunization training program approved by the board;

3102 (13) establish standards for the independent dispensing by a 03 pharmacist of an opioid overdose drug under AS 17.20.085, including the completion 0204 of an opioid overdose training program approved by the board;

0305 (14) require that a licensed pharmacist [WHO HAS A FEDERAL 0406 DRUG ENFORCEMENT ADMINISTRATION REGISTRATION NUMBER] 0507 register with the controlled substance prescription database under AS 17.30.200(o).

0608 * Sec.

0709 Sec.

voluntary request for lesser 0810 quantity.

(a) A pharmacist filling a prescription for an opioid that is a schedule II or 0911 III controlled substance under federal law may, at the request of the individual for 1012 whom the prescription is written, dispense the prescribed opioid in a lesser quantity 1113 than prescribed.

1214 (b) Nothing in this section shall be construed to prevent substitution of an 1315 equivalent drug under AS 08.80.295.

1416 * Sec.

1517 (a) The board shall 1618 (1) establish examination requirements for eligible applicants for 1719 licensure to practice veterinary medicine;

1820 (2) examine, or cause to be examined, eligible applicants for licensure 1921 or registration;

2022 (3) approve the issuance of licenses and student permits to qualified 2123 applicants;

2224 (4) establish standards for the practice of veterinary medicine by 2325 regulation;

2426 (5) conduct disciplinary proceedings in accordance with this chapter;

2527 (6) adopt regulations requiring proof of continued competency before a 2628 license is renewed;

2729 (7) as requested by the department, monitor the standards and 2830 availability of veterinary services provided in the state and report its findings to the 2931 department;

30 (8) collect, or cause to be collected, data concerning the practice of 3102 veterinary technology by veterinary technicians in the state and submit the data to the 03 department for maintenance;

0204 (9) establish, by regulation, educational and training requirements for 0305 (A) the issuance of student permits;

and 0406 (B) the delegation of duties by veterinarians licensed under this 0507 chapter to veterinary technicians;

0608 (10) require that a licensee who has a federal Drug Enforcement 0709 Administration registration number register with the controlled substance 0810 prescription database under AS 17.30.200(o);

0911 (11) identify resources and develop educational materials to assist 1012 licensees to identify an animal owner who may be at risk for abusing or misusing 1113 an opioid.

1214 * Sec.

1315 Sec.

After a 1416 hearing, the board may impose a disciplinary sanction on a person licensed under this 1517 chapter when the board finds that the person 1618 (1) secured a license through deceit, fraud, or intentional 1719 misrepresentation;

1820 (2) engaged in deceit, fraud, or intentional misrepresentation in the 1921 course of providing professional services or engaging in professional activities;

2022 (3) advertised professional services in a false or misleading manner;

2123 (4) has been convicted of a felony or other crime which affects the 2224 person's ability to continue to practice competently and safely;

2325 (5) intentionally or negligently engaged in or permitted the 2426 performance of animal care by the person's supervisees which does not conform to 2527 minimum professional standards regardless of whether actual injury to the animal 2628 occurred;

2729 (6) failed to comply with this chapter, with a regulation adopted under 2830 this chapter, or with an order of the board;

2931 (7) continued to practice after becoming unfit due to 30 (A) professional incompetence;

3102 (B) addiction or severe dependency on alcohol or other drugs 03 which impairs the person's ability to practice safely;

0204 (C) physical or mental disability;

0305 (8) engaged in lewd or immoral conduct in connection with the 0406 delivery of professional service;

0507 (9) procured, sold, prescribed, or dispensed drugs in violation of a 0608 law, regardless of whether there has been a criminal action.

0709 * Sec.

AS 11.71.900(19) is amended to read:

10 (19) "practitioner" means 11 (A) a physician, dentist, advanced practice registered nurse, 12 veterinarian, scientific investigator, or other person licensed, registered, or 13 otherwise permitted to distribute, dispense, conduct research with respect to, or 14 to administer or use in teaching or chemical analysis a controlled substance in 15 the course of professional practice or research in the state;

16 (B) a pharmacy, hospital, or other institution licensed, 17 registered, or otherwise permitted to distribute, dispense, conduct research with 18 respect to, or to administer a controlled substance in the course of professional 19 practice or research in the state;

20 * Sec.

32.

0821 Chapter 55.

0922 Sec.

(a) 1023 An individual who is 18 years of age or older may execute a voluntary nonopioid 1124 directive stating that an opioid may not be administered or prescribed to the 1225 individual.

The directive must be in a format prescribed by the department and 1326 available in an electronic format.

1427 (b) The commissioner of health and social services shall adopt regulations to 1528 implement this chapter.

The regulations must 1629 (1) include verification by a health care provider and comply with the 1730 written consent requirements under 42 U.S.C.

1831 (2) provide standard procedures for an individual to submit a voluntary 19 nonopioid directive to a health care provider or hospital;

2002 (3) include appropriate exemptions for emergency medical personnel;

2103 (4) ensure the confidentiality of a voluntary nonopioid directive;

2204 (5) ensure exemptions for an opioid used for treatment of substance 2305 abuse or opioid dependence.

2406 (c) An individual may revoke a voluntary nonopioid directive at any time in 2507 writing or orally.

An individual's guardian, conservator, or other person appointed by 2608 the individual or a court to manage the individual's health care 2709 (1) may revoke an individual's voluntary nonopioid directive at any 2810 time, in writing or orally;

2911 (2) may not execute a voluntary nonopioid directive on behalf of the 3012 individual.

3113 (d) An individual may submit a voluntary nonopioid directive to a health care 14 provider or a hospital.

0215 Sec.

A health 0316 care provider, a hospital, or an employee of a health care provider or hospital may not 0417 be subject to disciplinary action by the health care provider's or the employee's 0518 professional licensing board or held civilly or criminally liable for failure to 0619 administer, prescribe, or dispense an opioid, or for inadvertent administration of an 0720 opioid, to an individual who has executed a voluntary nonopioid directive.

0821 Sec.

A prescription presented to a 0922 pharmacy is presumed to be valid, and a pharmacist may not be subject to disciplinary 1023 action by the pharmacist's professional licensing board or held civilly or criminally 1124 liable for dispensing a controlled substance in contradiction to an individual's 1225 voluntary nonopioid directive.

1326 Sec.

Nothing is this chapter shall be 1427 construed to 1528 (1) alter an advance health care directive under AS 13.52 (Health Care 1629 Decisions Act);

1730 (2) limit the prescribing, dispensing, or administering of an opioid 1831 overdose drug;

19 (3) limit an authorized health care provider or pharmacist from 2002 prescribing, dispensing, or administering an opioid for the treatment of substance 2103 abuse or opioid dependence.

2204 Sec.

In this chapter, unless the context otherwise 2305 requires, 2406 (1) "department" means the Department of Health and Social Services;

2507 (2) "health care provider" has the meaning given in AS 09.65.340;

2608 (3) "hospital" has the meaning given in AS 13.52.268;

2709 (4) "opioid" includes the opium and opiate substances and opium and 2810 opiate derivatives listed in AS 11.71.140;11.71.140 and 11.71.160;

2911 (5) "opioid overdose drug" has the meaning given in AS 09.65.340.

3012 Sec.

This chapter may be known as the Voluntary 3113 Nonopioid Directive Act.

14 * Sec.

32.33.

0215 (a) The controlled substance prescription database is established in the Board 0316 of Pharmacy.

The purpose of the database is to contain data as described in this 0417 section regarding every prescription for a schedule II, III, or IV controlled substance 0518 under federal law dispensed in the state to a person other than under the 0619 circumstances described in (u) of this section [THOSE ADMINISTERED TO A 0720 PATIENT AT A HEALTH CARE FACILITY].

0821 * Sec.

33.34.

0922 (b) The pharmacist-in-charge of each licensed or registered pharmacy, 1023 regarding each schedule II, III, or IV controlled substance under federal law dispensed 1124 by a pharmacist under the supervision of the pharmacist-in-charge, and each 1225 practitioner who directly dispenses a schedule II, III, or IV controlled substance under 1326 federal law other than those dispensed or administered under the circumstances 1427 described in (u) of this section [ADMINISTERED TO A PATIENT AT A HEALTH 1528 CARE FACILITY], shall submit to the board, by a procedure and in a format 1629 established by the board, the following information for inclusion in the database on at 1730 least a weekly basis:

1831 (1) the name of the prescribing practitioner and the practitioner's 19 federal Drug Enforcement Administration registration number or other appropriate 2002 identifier;

2103 (2) the date of the prescription;

2204 (3) the date the prescription was filled and the method of payment;

this 2305 paragraph does not authorize the board to include individual credit card or other 2406 account numbers in the database;

2507 (4) the name, address, and date of birth of the person for whom the 2608 prescription was written;

2709 (5) the name and national drug code of the controlled substance;

2810 (6) the quantity and strength of the controlled substance dispensed;

2911 (7) the name of the drug outlet dispensing the controlled substance;

3012 and 3113 (8) the name of the pharmacist or practitioner dispensing the controlled 14 substance and other appropriate identifying information.

0215 * Sec.

34.

AS 17.30.200(b), as amended by sec.

33 of this Act, is amended to read:

03 (b) The pharmacist-in-charge of each licensed or registered pharmacy, 04 regarding each schedule II, III, or IV controlled substance under federal law dispensed 05 by a pharmacist under the supervision of the pharmacist-in-charge, and each 06 practitioner who directly dispenses a schedule II, III, or IV controlled substance under 07 federal law other than those dispensed or administered under the circumstances 08 described in (u) of this section, shall submit to the board, by a procedure and in a 09 format established by the board, the following information for inclusion in the 10 database on at least a daily [WEEKLY] basis:

11 (1) the name of the prescribing practitioner and the practitioner's 12 federal Drug Enforcement Administration registration number or other appropriate 13 identifier;

14 (2) the date of the prescription;

15 (3) the date the prescription was filled and the method of payment;

this 16 paragraph does not authorize the board to include individual credit card or other 17 account numbers in the database;

18 (4) the name, address, and date of birth of the person for whom the 19 prescription was written;

20 (5) the name and national drug code of the controlled substance;

21 (6) the quantity and strength of the controlled substance dispensed;

22 (7) the name of the drug outlet dispensing the controlled substance;

23 and 24 (8) the name of the pharmacist or practitioner dispensing the controlled 25 substance and other appropriate identifying information.

26 * Sec.

AS 17.30.200(b), as amended by sec.

34 of this Act, is amended to read:

16 (b) The pharmacist-in-charge of each licensed or registered pharmacy, 17 regarding each schedule II, III, or IV controlled substance under federal law dispensed 18 by a pharmacist under the supervision of the pharmacist-in-charge, and each 19 practitioner who directly dispenses a schedule II, III, or IV controlled substance under 20 federal law other than those dispensed or administered under the circumstances 21 described in (u) of this section, shall submit to the board, by a procedure and in a 22 format established by the board, the following information for inclusion in the 23 database on at least a daily [WEEKLY] basis:

24 (1) the name of the prescribing practitioner and the practitioner's 25 federal Drug Enforcement Administration registration number or other appropriate 26 identifier;

27 (2) the date of the prescription;

28 (3) the date the prescription was filled and the method of payment;

this 29 paragraph does not authorize the board to include individual credit card or other 30 account numbers in the database;

31 (4) the name, address, and date of birth of the person for whom the prescription was written;

02 (5) the name and national drug code of the controlled substance;

03 (6) the quantity and strength of the controlled substance dispensed;

04 (7) the name of the drug outlet dispensing the controlled substance;

05 and 06 (8) the name of the pharmacist or practitioner dispensing the controlled 07 substance and other appropriate identifying information.

08 * Sec.

36.

2709 (d) The database and the information contained within the database are 2810 confidential, are not public records, and are not subject to public disclosure [, AND 2911 MAY NOT BE SHARED WITH THE FEDERAL GOVERNMENT].

The board shall 3012 undertake to ensure the security and confidentiality of the database and the 3113 information contained within the database.

The board may allow access to the 14 database only to the following persons, and in accordance with the limitations 0215 provided and regulations of the board:

0316 (1) personnel of the board regarding inquiries concerning licensees or 0417 registrants of the board or personnel of another board or agency concerning a 0518 practitioner under a search warrant, subpoena, or order issued by an administrative law 0619 judge or a court;

0720 (2) authorized board personnel or contractors as required for 0821 operational and review purposes;

0922 (3) a licensed practitioner having authority to prescribe controlled 1023 substances or an agent or employee of the practitioner whom the practitioner has 1124 authorized to access the database on the practitioner's behalf, to the extent the 1225 information relates specifically to a current patient of the practitioner to whom the 1326 practitioner is prescribing or considering prescribing a controlled substance;

the agent 1427 or employee must be licensed or registered under AS 08;

1528 (4) a licensed or registered pharmacist having authority to dispense 1629 controlled substances or an agent or employee of the pharmacist whom the pharmacist 1730 has authorized to access the database on the pharmacist's behalf, to the extent the 1831 information relates specifically to a current patient to whom the pharmacist is 19 dispensing or considering dispensing a controlled substance;

the agent or employee 2002 must be licensed or registered under AS 08;

2103 (5) federal, state, and local law enforcement authorities may receive 2204 printouts of information contained in the database under a search warrant or order 2305 issued by a court establishing probable cause for the access and use of the information;

2406 (6) an individual who is the recipient of a controlled substance 2507 prescription entered into the database may receive information contained in the 2608 database concerning the individual on providing evidence satisfactory to the board that 2709 the individual requesting the information is in fact the person about whom the data 2810 entry was made and on payment of a fee set by the board under AS 37.10.050 that 2911 does not exceed $10;

3012 (7) a licensed pharmacist employed by the Department of Health and 3113 Social Services who is responsible for administering prescription drug coverage for 14 the medical assistance program under AS 47.07, to the extent that the information 0215 relates specifically to prescription drug coverage under the program;

0316 (8) a licensed pharmacist, licensed practitioner, or authorized 0417 employee of the Department of Health and Social Services responsible for utilization 0518 review of prescription drugs for the medical assistance program under AS 47.07, to the 0619 extent that the information relates specifically to utilization review of prescription 0720 drugs provided to recipients of medical assistance;

0821 (9) the state medical examiner, to the extent that the information 0922 relates specifically to investigating the cause and manner of a person's death;

1023 (10) an authorized employee of the Department of Health and Social 1124 Services may receive information from the database that does not disclose the identity 1225 of a patient, prescriber, dispenser, or dispenser location, for the purpose of identifying 1326 and monitoring public health issues in the state;

however, the information provided 1427 under this paragraph may include the region of the state in which a patient, prescriber, 1528 and dispenser are located and the specialty of the prescriber;

and 1629 (11) a practitioner, pharmacist, or clinical staff employed by an Alaska 1730 tribal health organization, including commissioned corps officers of the United States 1831 Public Health Service employed under a memorandum of agreement;

in this 19 paragraph, "Alaska tribal health organization" has the meaning given to "tribal health 2002 program" in 25 U.S.C.

2103 * Sec.

36.37.

2204 (e) The failure of a pharmacist-in-charge or a [,] pharmacist [, OR 2305 PRACTITIONER] to register or submit information to the database as required under 2406 this section is grounds for the board to take disciplinary action against the license or 2507 registration of the pharmacy or pharmacist.

The failure of a practitioner to register 2608 or review the database as required under this section is grounds for the 2709 practitioner's [OR FOR ANOTHER] licensing board to take disciplinary action 2810 against the [A] practitioner.

2911 * Sec.

37.38.

3012 (p) The board shall promptly notify the State Medical Board, the Board of 3113 Nursing, the Board of Dental Examiners, [AND] the Board of Examiners in 14 Optometry, and the Board of Veterinary Examiners when a practitioner registers 0215 with the database under (o) of this section.

0316 * Sec.

38.39.

0417 (q) The board is authorized to provide unsolicited notification to a pharmacist, 0518 practitioner's licensing board, or practitioner if a patient has received one or more 0619 prescriptions for controlled substances in quantities or with a frequency inconsistent 0720 with generally recognized standards of safe practice.

An unsolicited notification to a 0821 practitioner's licensing board under this section 0922 (1) must be provided to the practitioner;

1023 (2) is confidential;

1124 (3) may not disclose information that is confidential under this 1225 section;

1326 (4) may be in a summary form sufficient to provide notice of the 1427 basis for the unsolicited notification.

1528 * Sec.

39.40.

1629 (r) The board shall update the database on at least a daily [WEEKLY] basis 1730 with the information submitted to the board under (b) of this section.

1831 * Sec.

40.

AS 17.30.200(n) is amended by adding a new paragraph to read:

19 (5) "opioid" includes the opium and opiate substances and opium and 20 opiate derivatives listed in AS 11.71.140.

21 * Sec.

AS 17.30.20017.30.200(n) is amended by adding a new subsectionsparagraph to read:

22(5) (t)"opioid" Notwithstandingincludes (q) of this section, the boardopium mayand issueopiate tosubstances aand practitioneropium 23 periodic unsolicited reports that detail and compare02 theopiate practitioner'sderivatives opioidlisted 24in prescribingAS practice11.71.140 with other practitioners of the same occupation and similar11.71.160. 25 specialty.

A03 report* issuedSec. under this subsection is confidential and the board shall 26 issue the report only to a practitioner.

The board may adopt regulations to implement 27 this subsection.

The regulations may address the types of controlled substances to be 28 included in an unsolicited report, the quantities dispensed, the medication strength, 29 and other factors determined by the board.

30 (u) A practitioner or a pharmacist is not required to comply with the 31 requirements of (a) and (b) of this section if a controlled substance is (1) administered to a patient at 02 (A) a health care facility;

or 03 (B) a correctional facility;

04 (2) dispensed to a patient for an outpatient supply of 24 hours or less at 05 a hospital 06 (A) inpatient pharmacy;

or 07 (B) emergency department.

08 * Sec.

AS 18.05.040(a)17.30.200 is amended by adding new subsections to read:

0904 (a)(t) TheNotwithstanding commissioner(q) shallof adoptthis regulationssection, consistentthe withboard existingmay lawissue forto 10a (1)practitioner the05 time,periodic manner,unsolicited informationreports tothat bedetail reported, and personscompare 11the responsiblepractitioner's foropioid reporting06 forprescribing eachpractice diseasewith or other conditionpractitioners of public health 12 importance on the listsame developedoccupation underand ASsimilar 18.15.370;07 specialty.

13A (2)report cooperationissued withunder localthis boardssubsection ofis healthconfidential and healththe officers;board shall 08 issue the report only to a practitioner.

14The (3)board protectionmay andadopt promotionregulations ofto theimplement public09 healththis andsubsection. prevention of 15 disability and mortality;

16The (4)regulations themay transportationaddress of dead bodies, except that the commissionertypes 17of maycontrolled notsubstances requireto that a dead body be embalmed10 unlessincluded thein bodyan isunsolicited knownreport, to carry a 18 communicable disease or embalmment is otherwise required for the protectionquantities ofdispensed, the 19medication publicstrength, health11 orand forother compliancefactors withdetermined federalby law;the board.

2012 (5)(u) carryingA outpractitioner or a pharmacist is not required to comply with the purposes13 requirements of (a) and (b) of this chapter;section if a controlled substance is 14 (1) administered to a patient at 15 (A) a health care facility;

21or (6)16 the(B) conducta ofcorrectional itsfacility; business and for carrying out the provisions of 22 laws of the United States and the state relating to public health;

2317 (7)(2) establishingdispensed theto divisionsa andpatient localfor officesan andoutpatient advisorysupply groupsof 24 necessaryhours or consideredless expedientat to18 carry out or assist in carrying out a dutyhospital or19 power(A) 25inpatient assignedpharmacy; to it;

26 (8) the voluntary certification of laboratories to perform diagnostic, 27 quality control, or enforcement20 analyses(B) oremergency examinationsdepartment. based on recognized or 28 tentative standards of performance relating to analysis and examination of food, 29 including seafood, milk, water, and specimens from human beings submitted by 30 licensed physicians and nurses for analysis;

3121 (9)* theSec. regulation of quality and purity of commercially compressed oxygen sold for human respiration;

02 (10) establishing confidentiality and security standards for information 03 and records received under AS 18.15.355 - 18.15.395;

04 (11) implementation of AS 13.55 (Voluntary Nonopioid Directive 05 Act).

06 * Sec.

AS 18.05.040(a) is amended to read:

22 (a) The commissioner shall adopt regulations consistent with existing law for 23 (1) the time, manner, information to be reported, and persons 24 responsible for reporting for each disease or other condition of public health 25 importance on the list developed under AS 18.15.370;

26 (2) cooperation with local boards of health and health officers;

27 (3) protection and promotion of the public health and prevention of 28 disability and mortality;

29 (4) the transportation of dead bodies, except that the commissioner 30 may not require that a dead body be embalmed unless the body is known to carry a 31 communicable disease or embalmment is otherwise required for the protection of the public health or for compliance with federal law;

02 (5) carrying out the purposes of this chapter;

03 (6) the conduct of its business and for carrying out the provisions of 04 laws of the United States and the state relating to public health;

05 (7) establishing the divisions and local offices and advisory groups 06 necessary or considered expedient to carry out or assist in carrying out a duty or power 07 assigned to it;

08 (8) the voluntary certification of laboratories to perform diagnostic, 09 quality control, or enforcement analyses or examinations based on recognized or 10 tentative standards of performance relating to analysis and examination of food, 11 including seafood, milk, water, and specimens from human beings submitted by 12 licensed physicians and nurses for analysis;

13 (9) the regulation of quality and purity of commercially compressed 14 oxygen sold for human respiration;

15 (10) establishing confidentiality and security standards for information 16 and records received under AS 18.15.355 - 18.15.395;

17 (11) implementation of AS 13.55 (Voluntary Nonopioid Directive 18 Act).

19 * Sec.

44.

0720 * Sec.

44.45.

The uncodified law of the State of Alaska is amended by adding a new section to 0821 read:

0922 TRANSITION:

(a) The Department of Health and Social Services 1023 may adopt regulations necessary to implement the changes made by secs.

3132 and 4243 of this 1124 Act.

The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 1225 before the effective date of the relevant provision of this Act implemented by the regulation.

1326 (b) The Department of Commerce, Community, and Economic Development and a 1427 board that regulates an occupation that includes a practitioner required to register with the 1528 controlled substance prescription database under AS 17.30.200 shall adopt regulations to 1629 implement the changes made by AS 17.30.200(b), as amended by sec.

3435 of this Act, and 1730 AS 17.30.200(r), as amended by sec.

3940 of this Act.

The regulations take effect under 1831 AS 44.62 (Administrative Procedure Act), but not before the effective date of the relevant 19 provision of secs.

3435 and 3940 of this Act implemented by the regulation.

In this subsection, 2002 (1) "board" has the meaning given in AS 08.01.110;

2103 (2) "occupation" has the meaning given in AS 08.01.110;

2204 (3) "practitioner" has the meaning given in AS 11.71.900.

2305 (c) The Board of Dental Examiners may adopt regulations necessary to implement the 2406 changes made by secs.

The regulations take effect under AS 44.62 2507 (Administrative Procedure Act), but not before the effective date of the relevant provision of 2608 secs.

2709 (d) The State Medical Board may adopt regulations necessary to implement the 2810 changes made by secs.

The regulations take effect under AS 44.62 2911 (Administrative Procedure Act), but not before the effective date of the relevant provision of 3012 secs.

3113 (e) The Board of Nursing may adopt regulations necessary to implement the changes 14 made by secs.

The regulations take effect under AS 44.62 0215 (Administrative Procedure Act), but not before the effective date of the relevant provision of 0316 secs.

0417 (f) The Board of Examiners in Optometry may adopt regulations necessary to 0518 implement the changes made by secs.

The regulations take effect under 0619 AS 44.62 (Administrative Procedure Act), but not before the effective date of the relevant 0720 provision of secs.

0821 * Sec.

45.46.

25, SLA 0922 2016.

1023 * Sec.

46.

Section 32 of this Act takes effect on the effective date of sec.

21, ch.

25, SLA 11 2016.

12 * Sec.

23,21, ch.

25, SLA 1324 2016.

1425 * Sec.

Section 3534 of this Act takes effect on the effective date of sec.

25,23, ch.