AS Title 17, Chapter 30: Controlled Substances

Article 1. Regulation of Manufacture, Distribution, Prescription, and Dispensing of Controlled Substances. Chapter 30. Controlled Substances. Sec. 17.30.010. Regulations. [Repealed, § 22 ch 146 SLA 1986.] Sec. 17.30.020. Registration requirements; inspections. (a) A person who manufactures, distributes, dispenses, or conducts research with a controlled substance in the state or who proposes to manufacture, distribute, or dispense a controlled substance in the state, shall comply with the registration requirements of 21 U.S.C. 811 — 830 (Controlled Substances Act), and the regulations adopted under those sections. (b) A person registered under federal law to manufacture, distribute, dispense, or conduct research with controlled substances in the state may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by the person's registration and in conformity with the other provisions of this chapter. (c) [Repealed, § 22 ch 146 SLA 1986.] (d) [Repealed, § 22 ch 146 SLA 1986.] (e) [Repealed, § 22 ch 146 SLA 1986.] (f) A peace officer may enter a registrant's premises at reasonable times and in a reasonable manner to inspect the premises and records required to be maintained under federal law. An inspection may not extend to financial data, pricing data, or sales data, other than shipment data, unless the owner, operator, or agent in charge of the premises consents. (g) Upon request from a peace officer, a person who manufactures, distributes, dispenses, or conducts research with a controlled substance in the state shall provide evidence of current registration under 21 U.S.C. 811 — 830 (Controlled Substances Act) and the regulations adopted under those sections. Secs. 17.30.030 — 17.30.050. Registration; denial, revocation, and suspension of registration; order to show cause. [Repealed, § 22 ch 146 SLA 1986.] Sec. 17.30.060. Records of registrants. A person registered under federal law to manufacture, distribute, dispense, or conduct research with controlled substances in the state shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law. Sec. 17.30.070. Order forms; prescriptions. (a) A controlled substance may be distributed by one registrant to another registrant only if the distribution is in accordance with federal requirements for order forms. (b) A controlled substance may not be dispensed by a practitioner other than in accordance with federal requirements regarding prescriptions for controlled substances. (c) If the classification of a controlled substance in a schedule set out in AS 11.71.140 — 11.71.190 is different from its corresponding classification under federal law, the requirements of (a) and (b) of this section are determined by the classification of the substance under federal law. Sec. 17.30.080. Unlawful administration, prescription, and dispensation of controlled substances. (a) A controlled substance classified under federal law or in a schedule set out in AS 11.71.140 — 11.71.190 may not be administered, prescribed, dispensed, or distributed other than for a medical purpose. (b) A person who violates (a) of this section, or who otherwise manufactures, distributes, dispenses, or conducts research with a controlled substance in the state without fully complying with 21 U.S.C. 811 — 830 (Controlled Substances Act), and regulations adopted under those sections, is guilty of misconduct involving a controlled substance under AS 11.71.010 — 11.71.060 in the degree appropriate to the circumstances as described in those sections. Upon filing a complaint, information, presentment, or indictment charging a medical assistance provider with misconduct involving a controlled substance under AS 11.71.140 — 11.71.190, the attorney general shall, in writing, notify the commissioner of health of the filing. (c) Upon receiving a notice from the attorney general under (b) of this section, the commissioner of health shall immediately undertake a review of all unpaid claims or requests for reimbursements attributable to services claimed to have been provided by the person charged. (d) In this section, (1) “claims” has the meaning given in AS 47.05.290 ; (2) “medical assistance provider” has the meaning given in AS 47.05.290 ; (3) “medical purpose” means a purpose that is solely medical as opposed to any other purpose, that is reasonably necessary for treatment of a person's illness, injury, or physical or mental health, and that is provided by a practitioner while acting within the usual course of professional practice or research and in accordance with a standard of care generally recognized and accepted within the medical profession in the United States; (4) “practitioner” has the meaning given in AS 11.71.900 . Sec. 17.30.090. Sale or purchase of certain listed chemicals. (a) A seller, retailer, or vendor may not sell for personal use and a person may not purchase for personal use ephedrine base, pseudoephedrine base, or phenylpropanolamine base, as those terms are used in P.L. 109-177, 120 Stat. 192, unless that sale or purchase complies with and meets the requirements of P.L. 109-177, 120 Stat. 192, with regard to amounts, identification required, storage, access and availability, and logbooks. A seller, retailer, or vendor shall maintain the logbook for the period required under P.L. 109-177, 120 Stat. 192, and shall allow law enforcement officers access to the logbook. Each seller, retailer, and vendor shall provide training to the seller's, retailer's, or vendor's employees and agents in the requirements of this section. The Department of Public Safety shall provide assistance and information to sellers, retailers, and vendors to meet the requirements of this section. (b) A seller, retailer, or vendor may not sell to a person under 16 years of age and a person under 16 years of age may not purchase a product or substance identified in (a) of this section. (c) Nothing in this section limits the authority of a seller, retailer, or vendor regulated by this section to report to a law enforcement agency or officer suspicious purchases of a chemical, product, or substance. A seller, retailer, or vendor is not liable in a civil action for release of information to a law enforcement agency concerning matters related to this section. (d) A seller, retailer, or vendor does not violate this section if the seller, retailer, or vendor proves by a preponderance of the evidence that the seller, retailer, or vendor (1) exercised the degree of care of a reasonable employer to ensure compliance with (a) — (c) of this section; and (2) determined that the employees and agents of the seller, retailer, or vendor had been notified of the requirements of this section by (A) securing each employee's or agent's written acknowledgment of notification of those requirements; or (B) making another appropriate determination. (e) A person who violates this section shall forfeit and pay to the state a civil penalty of not more than $10,000 for each violation. Article 2. Enforcement and Forfeiture. Sec. 17.30.100. Powers of the Department of Public Safety. (a) The commissioner of public safety shall enforce this chapter and shall cooperate with other state and federal agencies in the discharge of their responsibilities pertaining to illicit traffic in controlled substances and in suppressing the abuse of controlled substances. Under this section, the powers of the commissioner of public safety include the following: (1) arranging for the exchange of information among government officials concerning illicit traffic in and abuse of controlled substances; (2) coordinating training programs pertaining to controlled substances at both local and state levels; (3) cooperating with the Drug Enforcement Administration of the United States Department of Justice by establishing a centralized unit to accept, catalog, file, and collect statistics, including records of persons who have violated the provisions of this chapter or AS 11.71 in the state and making the information available for federal, state, and local law enforcement purposes; and (4) instituting in the superior court actions for injunctions against continued manufacture, distribution, dispensation, or research with a controlled substance in the state by a person who violates 21 U.S.C. 811 — 830 (Controlled Substances Act) or the regulations adopted under those sections. (b) The commissioner of public safety may not furnish the name or identity of a patient or research subject whose identity could not be obtained under AS 17.30.155 . (c) The Department of Public Safety, in accordance with AS 37.07 (the Executive Budget Act), may apply for and accept money necessary to exchange information concerning narcotics trafficking between the states, or otherwise related to the enforcement of AS 11.71 or AS 11.73 . (d) The Department of Public Safety or a local law enforcement agency may accept from the United States Attorney General property, including money, that is forfeited under 21 U.S.C. 881 (the Controlled Substances Act). The Department of Public Safety and local law enforcement agencies shall, in accordance with 21 U.S.C. 881(e) and regulations and policies adopted under that section, use property and the proceeds of property obtained under this subsection in the enforcement of this chapter, AS 11.71 , and municipal ordinances substantially similar to this chapter and AS 11.71 . Sec. 17.30.110. Items subject to forfeiture. The following may be forfeited to the state: (1) a controlled substance that has been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or AS 11.71 ; (2) raw materials, products, and equipment that are used or intended for use in manufacturing, distributing, compounding, processing, delivering, importing, or exporting a controlled substance that is a felony under this chapter or AS 11.71 ; (3) property that is used or intended for use as a container for property described in (1) or (2) of this section; (4) a conveyance, including but not limited to aircraft, vehicles, or vessels, that has been used or is intended for use in transporting or in any manner in facilitating the transportation, sale, receipt, possession, or concealment of property described in (1) or (2) of this section in violation of a felony offense under this chapter or AS 11.71 ; however, (A) a conveyance may not be forfeited under this paragraph if the owner of the conveyance establishes, by a preponderance of the evidence, at a hearing before the court as the trier of fact, that use of the conveyance in violation of this chapter or AS 11.71 was committed by another person and that the owner was neither a consenting party nor privy to the violation; (B) a forfeiture of a conveyance encumbered by a valid security interest at the time of seizure is subject to the interest of the secured party if the secured party establishes, by a preponderance of the evidence, at a hearing before the court as the trier of fact, that use of the conveyance in violation of this chapter or AS 11.71 was committed by another person and that the secured party was neither a consenting party nor privy to the violation; (5) books, records, and research products and materials, including formulas, microfilm, tapes, and data, that are used in violation of this chapter or AS 11.71 ; (6) money, securities, negotiable instruments, or other things of value used in financial transactions derived from activity prohibited by this chapter or AS 11.71 ; and (7) a firearm that is visible, carried during, or used in furtherance of a violation of this chapter or AS 11.71 . Sec. 17.30.112. Proceedings resulting in forfeiture. (a) Property listed in AS 17.30.110 may be forfeited to the state either upon conviction of the defendant of a violation of this chapter or AS 11.71 , or upon judgment of a court in a separate civil proceeding in rem. The court may order a forfeiture in the in rem proceeding if it finds that an item specified in AS 17.30.110 was used during or in aid of a violation of this chapter or AS 11.71 . (b) It is not a defense in an in rem proceeding brought under this section that a criminal proceeding has resulted in a conviction or conviction of a lesser offense for a violation of this chapter or AS 11.71 . (c) When forfeiting property under (a) of this section, a court may award to a municipal law enforcement agency that participated in the arrest or conviction of the defendant, the seizure of property, or the identification of property for seizure, (1) the property if the property is worth $5,000 or less and is not money or some other thing that is divisible, or (2) up to 75 percent of the property or the value of the property if the property is worth more than $5,000 or is money or some other thing that is divisible. In determining the percentage a municipal law enforcement agency may receive under this subsection, the court shall consider the municipal law enforcement agency's total involvement in the case relative to the involvement of the state. Sec. 17.30.114. Seizure and custody of property. (a) Property listed in AS 17.30.110 may be seized by a peace officer upon an order issued by a court having jurisdiction over the property upon a showing of probable cause that the property may be forfeited under AS 17.30.110 . Seizure without a court order may be made if (1) the seizure is incident to a valid arrest or a search under a valid search warrant; (2) the property subject to seizure has been the subject of an earlier judgment in favor of the state in a criminal proceeding or civil proceeding in rem under this chapter or AS 11.71 ; or (3) there is probable cause that the property was used, is being used, or is intended for use, in violation of this chapter or AS 11.71 and the property is easily movable; property seized under this paragraph may not be held for more than 48 hours without a court order obtained to continue its detention. (b) Property taken or detained under (a) of this section shall be held in the custody of either the commissioner of public safety or a municipal law enforcement agency authorized by the commissioner of public safety to retain custody of property listed in AS 17.30.110 subject only to the orders and decrees of the court having jurisdiction over any forfeiture proceedings. If property is seized under this chapter, the commissioner of public safety or an authorized municipal law enforcement agency may (1) place the property under seal; (2) remove the property to a place designated by the court; (3) take custody of the property and remove it to an appropriate location for disposition in accordance with law; or (4) with court approval, transfer the property to another state or federal law enforcement agency for forfeiture proceedings by that agency; the court having jurisdiction shall grant the approval under this paragraph if the property (A) will be retained within the jurisdiction of the court by the agency to which the property is being transferred; or (B) is (i) not needed as evidence; or (ii) needed as evidence, and the property is fungible or the property's evidentiary value can otherwise be preserved without retaining the property within the jurisdiction of the court. (c) Within 10 days after a seizure under AS 17.30.110 — 17.30.126, the commissioner of public safety shall make an inventory of any property seized, including controlled substances, and shall appraise the value of any items seized other than controlled substances. Sec. 17.30.116. Procedure for forfeiture action. (a) Within 20 days after a seizure under AS 17.30.110 — 17.30.126, the commissioner of public safety shall, by certified mail, notify any person known to have an interest in an item with an appraised value of $500 or more, or who is ascertainable from official registration numbers, licenses, or other state, federal, or municipal numbers on the item, of the pending forfeiture action. Additionally, the commissioner of public safety shall publish notice of forfeiture action of an item valued at $500 or more in a newspaper of general circulation in the judicial district in which the seizure was made, or if no newspaper is published in that judicial district, in a newspaper published in the state and distributed in that judicial district. The notice shall be published once each week during four consecutive calendar weeks. The requirements of this subsection do not apply to the forfeiture of controlled substances which have been manufactured, distributed, dispensed, or possessed in violation of this chapter or AS 11.71 , regardless of their value. (b) Upon service or publication of notice of commencement of a forfeiture action under this section, a person claiming interest in the property shall file within 30 days after the service or publication, a notice of claim setting out the nature of the interest, the date it was acquired, the consideration paid, and an answer to the state's allegations. If a claim and answer is not filed within the time specified, the property described in the state's allegation must be ordered forfeited to the state without further proceedings or showings. (c) Questions of fact or law raised by a notice of forfeiture action and answer of a claimant in an action commenced under this section must be determined by the court sitting without a jury. This proceeding may be held in abeyance until conclusion of any pending criminal charges against the claimant under this chapter or AS 11.71 . Sec. 17.30.118. Petition for release of seized items. (a) A claimant under AS 17.30.116 (b) may at any time petition for release of a seized item as follows: (1) to a court in which a warrant for seizure has been issued; (2) to a court in which a criminal or civil action alleging forfeiture of the item has been filed; or (3) before an action is filed, or if no seizure warrant was issued, to a court in the judicial district in which the violation took place. (b) An item may not be released by the court under (a) of this section unless the claimant gives adequate assurance that the item will remain subject to the court's jurisdiction and (1) the court finds that the release is in the best interests of the state; or (2) the claimant provides a bond or other valid and equivalent security equal to twice the assessed value of the item. Sec. 17.30.120. Petition for sale of seized item. A claimant may petition the court for sale of an item before final disposition of court proceedings. The court shall grant a petition for sale upon a finding that the sale is in the best interests of the state and the preservation and maintenance of the item seized. Proceeds from the sale plus interest to the date of final disposition of the court proceedings become the subject of the forfeiture action. Sec. 17.30.122. State disposal of forfeited property. Property forfeited under AS 17.30.110 — 17.30.126 other than controlled substances and firearms shall be disposed of by the commissioner of administration in accordance with applicable law. Firearms shall be disposed of as provided in AS 18.65.340 . As to property other than firearms or controlled substances, the commissioner of administration may (1) destroy property harmful to the public; (2) sell the property and use the proceeds for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, custody, and court costs; (3) take custody of the property and authorize its use in the enforcement of this chapter or AS 11.71 , or transfer it to another agency of the state or a political subdivision of the state for a use in furtherance of the administration of justice; (4) take custody of the property and remove it for disposition in accordance with law; (5) forward it to the Drug Enforcement Administration of the United States Department of Justice for disposition; or (6) transfer ownership of an aircraft to the Alaska Wing, Civil Air Patrol. Sec. 17.30.124. Remittance to claimant. (a) Upon a showing that a claimant is entitled to remittance under AS 17.30.110 — 17.30.126, the court shall order that (1) if the claimant is entitled to the item, it shall be delivered to the claimant immediately; (2) if the claimant is entitled to remittance of some value less than the total value of the item, the claimant is entitled, at the claimant's choice, to receive either the value of the claimant's interest or, upon receipt of payment of the difference in value by the claimant, the entire item. (b) An offender who used an item subject to remission in violation of this chapter or AS 11.71 shall be assessed a fine which may not be less than the cost of any lien payment or remittance made by the state plus the reasonable costs of the seizure. Sec. 17.30.126. Forfeiture of controlled substances. (a) A controlled substance manufactured, possessed, transferred, sold, or offered for sale in violation of this chapter or AS 11.71 is contraband and must be seized and summarily forfeited to the state. The commissioner of public safety or the commissioner's designee, including a municipal law enforcement agency authorized under AS 17.30.114 (b) to retain custody of controlled substances, is responsible for the disposal of controlled substances which have been forfeited. The controlled substances shall be disposed of in accordance with procedures and requirements prescribed by the commissioner. (b) Plants from which controlled substances may be derived and which have been planted or cultivated in violation of this chapter or AS 11.71 , or which are grown in the wild, may be seized and summarily forfeited to the state. Sec. 17.30.130. Judicial review. [Repealed, § 22 ch 146 SLA 1986.] Article 3. Education and Research. Sec. 17.30.140. Education and research. (a) The commissioner of health shall provide for educational programs designed to prevent and deter the abuse of controlled substances. In connection with these programs, the commissioner may (1) assist the regulated industry and interested groups and organizations in contributing to the reduction of abuse of controlled substances; (2) promote better recognition of the problems surrounding abuse of controlled substances within the regulated industry and among interested groups and organizations; (3) consult with interested groups and organizations to aid them in solving administrative and organizational problems; (4) evaluate procedures, projects, and techniques conducted or proposed as part of educational programs on abuse of controlled substances; (5) disseminate the results of research on abuse of controlled substances to promote a better public understanding of the problems which exist and their solutions; and (6) with the cooperation of the Department of Law, assist in the education and training of state and local law enforcement officials in their efforts to prevent illicit traffic in and abuse of controlled substances. (b) The commissioner of health shall encourage research on controlled substances and may (1) establish methods to assess the effects of controlled substances and identify and characterize those with potential for abuse; (2) make studies and undertake research to (A) develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this chapter; (B) determine patterns of abuse of controlled substances and their social effects; and (C) improve methods for preventing, predicting, and understanding the abuse of controlled substances; (3) enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for conducting research, demonstrations, or special projects which bear directly on abuse of controlled substances and for related research and educational activities. Article 4. Information. Sec. 17.30.150. Reliance on Drug Enforcement Administration. Results, information, and evidence received from the Drug Enforcement Administration of the United States Department of Justice relating to the enforcement functions of this chapter, including results of inspections conducted by it, may be relied on and acted on by the Department of Public Safety in the exercise of its enforcement functions under this chapter. Sec. 17.30.155. Confidentiality of certain information. A practitioner engaged in medical practice or research may not disclose the name or identity of a patient or research subject that the practitioner is required to keep confidential unless ordered by a court to disclose it within the context of a criminal investigation or proceeding. Article 5. Controlled Substance Prescription Database. Sec. 17.30.200. Controlled substance prescription database. (a) The controlled substance prescription database is established in the Board of Pharmacy. The purpose of the database is to contain data as described in this section regarding every prescription for a schedule IA, IIA, IIIA, IVA, or VA controlled substance under state law or a schedule I, II, III, IV, or V controlled substance under federal law dispensed in the state to a person other than those administered to a patient at a health care facility. The Department of Commerce, Community, and Economic Development shall assist the board and provide necessary staff and equipment to implement this section. (b) The pharmacist-in-charge of each licensed or registered pharmacy, regarding each schedule IA, IIA, IIIA, IVA, or VA controlled substance under state law or a schedule I, II, III, IV, or V controlled substance under federal law dispensed by a pharmacist under the supervision of the pharmacist-in-charge, and each practitioner who directly dispenses a schedule IA, IIA, IIIA, IVA, or VA controlled substance under state law or a schedule I, II, III, IV, or V controlled substance under federal law other than those administered to a patient at a health care facility, shall submit to the board, by a procedure and in a format established by the board, the following information for inclusion in the database: (1) the name of the prescribing practitioner and the practitioner's federal Drug Enforcement Administration registration number or other appropriate identifier; (2) the date of the prescription; (3) the date the prescription was filled and the method of payment; this paragraph does not authorize the board to include individual credit card or other account numbers in the database; (4) the name, address, and date of birth of the person for whom the prescription was written; (5) the name and national drug code of the controlled substance; (6) the quantity and strength of the controlled substance dispensed; (7) the name of the drug outlet dispensing the controlled substance; and (8) the name of the pharmacist or practitioner dispensing the controlled substance and other appropriate identifying information. (c) The board shall maintain the database in an electronic file or by other means established by the board to facilitate use of the database for identification of (1) prescribing practices and patterns of prescribing and dispensing controlled substances; (2) practitioners who prescribe controlled substances in an unprofessional or unlawful manner; (3) individuals who receive prescriptions for controlled substances from licensed practitioners and who subsequently obtain dispensed controlled substances from a drug outlet in quantities or with a frequency inconsistent with generally recognized standards of dosage for that controlled substance; and (4) individuals who present forged or otherwise false or altered prescriptions for controlled substances to a pharmacy. (d) The database and the information contained within the database are confidential, are not public records, and are not subject to public disclosure. The board shall undertake to ensure the security and confidentiality of the database and the information contained within the database. The board may allow access to the database only to the following persons, and in accordance with the limitations provided and regulations of the board: (1) personnel of the board regarding inquiries concerning licensees or registrants of the board or personnel of another board or agency concerning a practitioner under a search warrant, subpoena, or order issued by an administrative law judge or a court; (2) authorized board personnel or contractors as required for operational and review purposes; (3) a licensed practitioner having authority to prescribe controlled substances, to the extent the information relates specifically to a current patient of the practitioner to whom the practitioner is prescribing or considering prescribing a controlled substance; (4) a licensed or registered pharmacist having authority to dispense controlled substances, to the extent the information relates specifically to a current patient to whom the pharmacist is dispensing or considering dispensing a controlled substance; (5) federal, state, and local law enforcement authorities may receive printouts of information contained in the database under a search warrant, subpoena, or order issued by a court establishing probable cause for the access and use of the information; and (6) an individual who is the recipient of a controlled substance prescription entered into the database may receive information contained in the database concerning the individual on providing evidence satisfactory to the board that the individual requesting the information is in fact the person about whom the data entry was made and on payment of a fee set by the board under AS 37.10.050 that does not exceed $10. (e) The failure of a pharmacist-in-charge, pharmacist, or practitioner to submit information to the database as required under this section is grounds for the board to take disciplinary action against the license or registration of the pharmacy or pharmacist or for another licensing board to take disciplinary action against a practitioner. (f) The board may enter into agreements with (1) dispensers in this state that are not regulated by the state to submit information to and access information in the database, and (2) practitioners in this state to access information in the database, subject to this section and the regulations of the board. The board shall prohibit a dispenser that is not regulated by the state from accessing the database if the dispenser has accessed information in the database contrary to the limitations of this section, discloses information in the database contrary to the limitations of this section, or allows unauthorized persons access to the database. (g) The board shall promptly notify the president of the senate and the speaker of the house of representatives if, at any time after September 7, 2008, the federal government fails to pay all or part of the costs of the controlled substance prescription database. (h) An individual who has submitted information to the database in accordance with this section may not be held civilly liable for having submitted the information. Nothing in this section requires or obligates a dispenser or practitioner to access or check the database before dispensing, prescribing, or administering a medication, or providing medical care to a person. Dispensers or practitioners may not be held civilly liable for damages for accessing or failing to access the information in the database. (i) A person who has reason to believe that prescription information from the database has been illegally or improperly accessed shall notify an appropriate law enforcement agency. (j) The board shall notify any person whose prescription information from the database is illegally or improperly accessed. (k) In the regulations adopted under this section, the board shall provide (1) that prescription information in the database be purged from the database after two years have elapsed from the date the prescription was dispensed; (2) a method for an individual to challenge information in the database about the individual that the person believes is incorrect or was incorrectly entered by a dispenser. (l) A person (1) with authority to access the database under (d) of this section who knowingly (A) accesses information in the database beyond the scope of the person's authority commits a class A misdemeanor; (B) accesses information in the database and recklessly discloses that information to a person not entitled to access or to receive the information commits a class C felony; (C) allows another person who is not authorized to access the database to access the database commits a class C felony; (2) without authority to access the database under (d) of this section who knowingly accesses the database or knowingly receives information that the person is not authorized to receive under (d) of this section from another person commits a class C felony. (m) To assist in fulfilling the program responsibilities, performance measures shall be reported to the legislature annually. Performance measures may include outcomes detailed in the federal prescription drug monitoring program grant regarding efforts to (1) reduce the rate of inappropriate use of prescription drugs by reporting education efforts conducted by the Board of Pharmacy; (2) reduce the quantity of pharmaceutical controlled substances obtained by individuals attempting to engage in fraud and deceit; (3) increase coordination among prescription drug monitoring program partners; and (4) involve stakeholders in the planning process. (n) In this section, (1) “board” means the Board of Pharmacy; (2) “database” means the controlled substance prescription database established in this section; (3) “knowingly” has the meaning given in AS 11.81.900 ; (4) “pharmacist-in-charge” has the meaning given in AS 08.80.480 . (o) The board shall promptly notify the State Medical Board, the Board of Nursing, the Board of Dental Examiners, and the Board of Examiners in Optometry when a practitioner registers with the database under (n) of this section. (p) The board is authorized to provide unsolicited notification to a pharmacist, practitioner's licensing board, or practitioner if a patient has received one or more prescriptions for controlled substances in quantities or with a frequency inconsistent with generally recognized standards of safe practice. An unsolicited notification to a practitioner's licensing board under this section (1) must be provided to the practitioner; (2) is confidential; (3) may not disclose information that is confidential under this section; (4) may be in a summary form sufficient to provide notice of the basis for the unsolicited notification. (q) The board shall update the database on at least a daily basis with the information submitted to the board under (b) of this section. (r) The Department of Commerce, Community, and Economic Development shall (1) assist the board and provide necessary staff and equipment to implement this section; and (2) establish fees for registration with the database by a pharmacist or practitioner required to register under (n) of this section so that the total amount of fees collected by the department equals the total operational costs of the database minus all federal funds acquired for the operational costs of the database; in setting the fee levels, the department shall (A) set the fees for registration with the database so that the fees are the same for all practitioners and pharmacists required to register; and (B) consult with the board to establish the fees under this paragraph. (s) Notwithstanding (p) of this section, the board may issue to a practitioner periodic unsolicited reports that detail and compare the practitioner's opioid prescribing practice with other practitioners of the same occupation and similar specialty. A report issued under this subsection is confidential and the board shall issue the report only to a practitioner. The board may adopt regulations to implement this subsection. The regulations may address the types of controlled substances to be included in an unsolicited report, the quantities dispensed, the medication strength, and other factors determined by the board. (t) A practitioner or a pharmacist is not required to comply with the requirements of (a) and (b) of this section if a controlled substance is (1) administered to a patient at (A) a health care facility; or (B) a correctional facility; (2) dispensed to a patient for an outpatient supply of 24 hours or less at a hospital (A) inpatient pharmacy; or (B) emergency department. (u) This section does not apply to a schedule II, III, or IV controlled substance prescribed or dispensed by a veterinarian licensed under AS 08.98 to treat an animal. (v) In this section, (1) “board” means the Board of Pharmacy; (2) “database” means the controlled substance prescription database established in this section; (3) “knowingly” has the meaning given in AS 11.81.900 ; (4) “opioid” includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140 and 11.71.160; (5) “pharmacist-in-charge” has the meaning given in AS 08.80.480 . Article 6. General Provisions. Sec. 17.30.900. Definitions. (a) Unless the context clearly requires otherwise, the definitions set out in AS 11.71.900 apply to this chapter. (b) [Repealed, § 22 ch 146 SLA 1986.]