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HB0225a -1- HB 225
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HOUSE BILL NO. 225
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE ALLARD
Introduced: 5/10/25
Referred: Health and Social Services, Labor and Commerce
A BILL
FOR AN ACT ENTITLED
"An Act relating to prescription fluoride supplements; relating to the practice of 1
pharmacy; and relating to fluoride in public water systems." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 08.80.030(b) is amended to read: 4
(b) In order to fulfill its responsibilities, the board has th e powers necessary 5
for implementation and enforcement of this chapter, including the power to 6
(1) elect a president and secretary from its membership and adopt rules 7
for the conduct of its business; 8
(2) license by examination or by license transfer the applicants who are 9
qualified to engage in the practice of pharmacy; 10
(3) assist the department in inspections and investigations fo r 11
violations of this chapter, or of any other state or federal st atute relating to the practice 12
of pharmacy; 13
(4) adopt regulations to carry out the purposes of this chapter; 14
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(5) establish and enforce compliance with professional standar ds and 1
rules of conduct for pharmacists engaged in the practice of pharmacy; 2
(6) determine standards for recognition and approval of degree 3
programs of schools and colleges of pharmacy whose graduates sh all be eligible for 4
licensure in this state, including the specification and enforc ement of requirements for 5
practical training, including internships; 6
(7) establish for pharmacists and pharmacies minimum specifica tions 7
for the physical facilities, tec hnical equipment, personnel, an d procedures for the 8
storage, compounding, and dispensi ng of drugs or related device s, and for the 9
monitoring of drug therapy, including independent monitoring of drug therapy; 10
(8) enforce the provisions of this chapter relating to the con duct or 11
competence of pharmacists practicing in the state, and the susp ension, revocation, or 12
restriction of licenses to engage in the practice of pharmacy; 13
(9) license and regulate the training, qualifications, and emp loyment of 14
pharmacy interns and pharmacy technicians; 15
(10) license and regulate the qualifications of entities and i ndividuals 16
engaged in the manufacture or distribution of drugs and related devices; 17
(11) establish and maintain a controlled substance prescriptio n 18
database as provided in AS 17.30.200; 19
(12) establish standards for the independent prescribing and 20
administration of vaccines and re lated emergency medications un der AS 08.80.168, 21
including the completion of an immunization training program approved by the board 22
and an epinephrine auto-injector training program under AS 17.22.020(b); 23
(13) establish standards for the independent prescribing and dispensing 24
by a pharmacist of an opioi d overdose drug under AS 17.20.085, including the 25
completion of an opioid overdose training program approved by the board; 26
(14) require that a licensed pharmacist who dispenses a schedule II, III, 27
or IV controlled substance under federal law to a person in the state register with the 28
controlled substance prescription database under AS 17.30.200(n); 29
(15) establish the qualificati ons and duties of the executive 30
administrator and delegate authority to the executive administr ator that is necessary to 31
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conduct board business; 1
(16) license and inspect the facilities of pharmacies, manufac turers, 2
wholesale drug distributors, third-party logistics providers, a nd outsourcing facilities 3
located outside the state under AS 08.80.159; 4
(17) license Internet-based pha rmacies providing services to r esidents 5
in the state; 6
(18) adopt regulations pertaining to retired pharmacist status; 7
(19) establish standards for review and approval of a standing 8
order issued by the chief medical officer under AS 17.20.087. 9
* Sec. 2. AS 08.80 is amended by adding a new section to read: 10
Sec. 08.80.332. Fluoride supplements . (a) A pharmacist may dispense a 11
fluoride supplement without a pre scription drug order specific to a patient if the 12
pharmacist is authorized to disp ense the fluoride supplement un der a standing order 13
issued under AS 17.20.087. 14
(b) A pharmacist dispensing a fluoride supplement shall, at a minimum, 15
provide patient counseling about 16
(1) appropriate administration and storage of the fluoride supplement; 17
(2) potential side effects and risks of the fluoride supplement; and 18
(3) when to seek emergency medical attention. 19
(c) In this section, "fluoride supplement" has the meaning giv en in 20
AS 17.20.087(d). 21
* Sec. 3. AS 17.20 is amended by adding a new section to read: 22
Sec. 17.20.087. Fluoride supplements. ( a ) T h e c h i e f m e d i c a l o f f i c e r o f t h e 23
department shall issue a standi ng order for the prescription of a fluoride supplement 24
that allows a pharmacist to disp ense the fluoride supplement wi thout a prescription 25
drug order specific to a patient. 26
(b) The standing order issued under this section must 27
(1) specify each pharmacist authorized to dispense a fluoride 28
supplement under the order and the pharmacist's license number; 29
(2) establish a protocol to revi ew, at least annually, the dis pensing 30
practices of each pharmacist aut horized to dispense a fluoride supplement under the 31
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order; 1
(3) require a pharmacist dispe nsing a fluoride supplement unde r the 2
order to keep a record of each patient who receives a fluoride supplement under the 3
order, including 4
(A) the name of the patient; 5
(B) the fluoride supplement received; and 6
(C) any other relevant information; 7
(4) require a pharmacist dispe nsing a fluoride supplement unde r the 8
order to provide patient counseling as specified in AS 08.80.332; and 9
(5) be approved by the Board of Pharmacy. 10
(c) The chief medical officer o f the department is not liable for civil damages 11
as a result of an act or omission arising out of the dispensing of a fluoride supplement 12
as authorized by a standing order issued under this section. 13
(d) In this section, 14
(1) "dispense" or "dispensing" has the meaning given in AS 08.80.480; 15
(2) "fluoride supplement" means a prescription drug containing 16
fluoride that is intended to enhance oral health; 17
(3) "patient counseling" has the meaning given in AS 08.80.480; 18
(4) "pharmacist" has the meaning given in AS 08.80.480; 19
(5) "prescription drug" has the meaning given in AS 08.80.480; 20
(6) "prescription drug order" has the meaning given in AS 08.80.480. 21
* Sec. 4. AS 46.03 is amended by adding a new section to read: 22
Sec. 46.03.725. Fluoride in public water systems. A person may not add 23
fluoride to a public water system. 24
* Sec. 5. AS 46.03.761(a) is amended to read: 25
(a) The department may assess an administrative penalty agains t an entity that 26
violates or causes or permits to be violated a provision of AS 46.03.720(b) or 27
46.03.725, or a term or condition of a regulation, order, permit, approva l, or certificate 28
of the department issued or adopted under AS 46.03.720(b) or 46.03.725. 29