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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1073 |
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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 define the chemical composition of substances included in drug schedules; annual report
A. The board may adopt rules to define the chemical composition of controlled substances prescribed in sections 36-2512 through 36-2516 in order to include chemical variations of those substances as necessary.
B. Before it adopts a rule that defines the chemical composition of substances prescribed in sections 36-2512 through 36-2516, 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 chemical composition defined by the board 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 chemical compositions of controlled substances added by rule pursuant to this section during the previous calendar year.
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 defining the chemical composition of controlled substances prescribed in sections 36‑2512 through 36-2516, Arizona Revised Statutes, in order to include chemical variations of those substances as necessary.
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.