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REFERENCE TITLE: pharmacy board; drug schedules; rules |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1073 |
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Introduced by Senator Gray; Representatives Burges, Weiers J: McLain, Pancrazi
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AN ACT
Amending title 32, chapter 18, article 3, Arizona Revised Statutes, by adding section 32-1977; relating to the state board of pharmacy.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 18, article 3, Arizona Revised Statutes, is amended by adding section 32-1977, to read:
32-1977. Authority to add controlled substances to drug schedules; annual report; definition
A. The board by rule may add a controlled substance to the schedules of controlled substances prescribed pursuant to title 36, chapter 27, article 2.
B. Before it adopts a rule to add a controlled substance, the board must:
1. consider the following:
(a) The substance's actual or relative potential for abuse.
(b) Scientific evidence of the substance's pharmacological effect, if known.
(c) The state of current scientific knowledge regarding the substance.
(d) The history and current pattern of abuse of the substance.
(e) The scope, duration and significance of abuse of the substance.
(f) The risk to the public health.
(g) The potential of the substance to produce psychic or physiological dependence liability.
2. Make a formal finding that the controlled substance has a potential for abuse.
3. Submit the formal finding to the department of public safety and consult with the department regarding the board's findings and proposed rule.
C. The board may not adopt rules pursuant to this section relating to the control of distilled spirits, wine, malt beverages or tobacco.
D. On or before December 1 of each year, The board shall submit a written report to the governor, the speaker of the house of representatives, the president of the senate and the director of the department of public safety regarding controlled substances added by rule pursuant to this section during the previous calendar year.
E. For the purposes of this section, "controlled substance" has the same meaning prescribed in section 36-2501.
Sec. 2. Exemption from rule making
The state board of pharmacy is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for the purpose of adding controlled substances to the drug schedules as prescribed by section 32-1977, Arizona Revised Statutes, as added by this act.