Brief Description: The Alaska State Medical Board proposes to adopt regulations regarding registration and reporting with the prescription drug monitoring program controlled substance prescription database.
The Alaska State Medical Board (Board) proposes to adopt regulation changes in Title 12, Chapter 40, of the Alaska Administrative Code including the following:
- 12 AAC 40.450. Authority to prescribe, order, administer, and dispense medications, is proposed to add conforming section citation regarding registration and reporting with the prescription drug monitoring program controlled substance prescription database (PDMP).
- 12 AAC 40.976. Registration and reporting with the prescription drug monitoring program controlled substance prescription database, is a proposed new section to require physicians or physician assistants licensed in this state who holds a federal Drug Enforcement Administration (DEA) registration number to register and report with the PDMP.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/199078, and using the comment link. The comments must be received not later than 4:30 p.m. on September 11, 2020.
Oral comments relevant to the proposed regulations, including the potential costs to private persons of complying with the proposed changes, may also be given at a hearing to be held on August 20, 2020 via zoom/video and teleconference. You may participate via www.zoom.us by entering Meeting ID: 994 3999 2536, Access Code 781784, or you may participate via teleconference by calling 253-215-8782 or 408-638-0968 and enter the Meeting ID and Access Code noted above. The hearing will be held from 1:00 p.m. to 1:30 p.m. and might be extended to accommodate those present before 1:00 p.m. who did not have an opportunity to comment. Callers should be on the line before the hearing begins at 1:00 p.m. if they would like to provide oral testimony. Priority will be given to those who called in before 1:00 p.m., and the chair of the Board may limit each participant’s length of oral testimony, determined before the hearing begins, to provide for those who timely called in to participate. Due to the COVID-19 pandemic, no in-person testimony or written comments will be accepted at the hearing.
You may submit written questions relevant to the proposed action to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/StateMedicalBoard.aspx. The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than September 4, 2020 to ensure that any necessary accommodation can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/MED-PDMP-0720.pdf.
After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.
Statutory Authority: AS 08.64.100; AS 08.64.107; AS 08.64.326; AS 08.64.363; AS 08.64.380; AS 17.30.200
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.64.100; AS 08.64.107; AS 08.64.326; AS 08.64.363; AS 08.64.380; AS 17.30.200
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: 8/5/2020
Jun Maiquis, Regulations Specialist Division of Corporations, Business and Professional Licensing
For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.
ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Alaska State Medical Board – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.
2. General subject of regulation: Registration and reporting with the prescription drug monitoring program controlled substance prescription database (PDMP).
3. Citation of regulation: 12 AAC 40.450 and 12 AAC 40.976.
4. Department of Law file number: To be assigned.
5. Reason for the proposed action: Update and clarification of current regulations; compliance with state statute.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: $25 initial PDMP registration fee; $25 PDMP biennial registration renewal fee.
Another state agency: None known.
A municipality: None known.
8. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2021 or in subsequent years.
9. The name of the contact person for the regulation:
Alysia Jones, Executive Administrator
Alaska State Medical Board
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 465-1074
E-mail: alysia.jones@alaska.gov
10. The origin of the proposed action: Alaska State Medical Board.
11. Date: 8/5/2020
Prepared by: Jun Maiquis
Regulations Specialist
(907) 465-2537