CORRECTED #2
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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2035 |
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AN ACT
Amending title
32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3215;
AMENDING SECTION 36-2810, ARIZONA REVISED STATUTES; relating to medical
marijuana.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3215, to read:
32-3215. Medical marijuana; unprofessional conduct; annual reports; identifying information
A. It is an act of unprofessional conduct for a health professional who is licensed pursuant to chapter 13, 14, 17 or 29 of this title to recommend medical marijuana pursuant to title 36, chapter 28.1 for other than a debilitating medical condition as defined in section 36-2801.
B. The Arizona medical board, the Arizona board of osteopathic examiners in medicine and surgery, the naturopathic physicians medical board and the board of homeopathic and integrated medicine examiners shall each submit an annual report on or before November 15 to the governor, the president of the senate, the speaker of the house of representatives and the director of the department of health services that includes at least the following information:
1. The number of notifications received from the department of health services and from the public of suspected unprofessional conduct that relate to medical marijuana recommendations issued pursuant to title 36, chapter 28.1.
2. The number of investigations conducted as a result of information received pursuant to paragraph 1 and the outcome of those investigations.
C. Annual reports filed pursuant to subsection B of this section shall not include identifying information about a physician.
Sec. 2. Subject to the
requirements of article IV, part 1, section 1, Constitution of Arizona, section
36-2810, Arizona Revised Statutes, is amended to read:
36-2810. Confidentiality
A. The following information received and records
kept by the department for purposes of administering this chapter are
confidential, exempt from title 39, chapter 1, article 2, exempt from section
36‑105 and not subject to disclosure to any individual or public or
private entity, except as necessary for authorized employees of the department
to perform official duties of the department pursuant to this chapter: .
1. Applications or renewals, their contents and
supporting information submitted by qualifying patients and designated
caregivers, including information regarding their designated caregivers and
physicians.
2. Applications or renewals, their contents and
supporting information submitted by or on behalf of nonprofit medical marijuana
dispensaries in compliance with this chapter, including the physical addresses
of nonprofit medical marijuana dispensaries.
3. The individual names and other information
identifying persons to whom the department has issued registry identification
cards.
B. Any dispensing
information required to be kept under section 36‑2806.02, subsection B, or department regulation
shall identify cardholders by their registry identification numbers and not
contain names or other personally identifying information.
C. Any department hard drives or other data
recording media that are no longer in use and that contain cardholder
information must be destroyed. The department shall retain a signed statement
from a department employee confirming the destruction.
D. Data subject to this section shall not be
combined or linked in any manner with any other list or database and it shall not be used for any
purpose not provided for in this chapter.
E. Nothing
in This section precludes
does not preclude the
following notifications:
1. Department employees may notify law
enforcement about falsified or fraudulent information submitted to the
department if the employee who suspects that falsified or fraudulent
information has been submitted has conferred with his the
employee's supervisor and both agree that the circumstances
warrant reporting.
2. The department may notify state or local law
enforcement about apparent criminal violations of this chapter if the employee
who suspects the offense has conferred with his the
employee's supervisor and both agree that the circumstances
warrant reporting.
3. Nonprofit medical marijuana dispensary agents
may notify the department of a suspected violation or attempted violation of
this chapter or department rules.
4. The
department may notify the Arizona medical board, the Arizona board of osteopathic
examiners in medicine and surgery, the naturopathic physicians medical board
and the board of homeopathic and integrated medicine examiners if the
department believes a physician has committed an act of unprofessional conduct
as prescribed by the appropriate board's statutes because of the licensee's
failure to comply with the requirements of this chapter or rules adopted
pursuant to this chapter.
F. Nothing
in This section precludes
does not preclude
submission of the section 36‑2809 report to the legislature. The annual
report submitted to the legislature is subject to title 39, chapter 1, article
2.
(NOT ENACTED)
Sec. 3. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 36-2810, Arizona Revised Statutes, as amended by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.