Page 1,
between lines 1 and 2, insert:
"Section 1. Section 32-1968, Arizona Revised
Statutes, is amended to read:
START_STATUTE32-1968. Dispensing
prescription‑only drug; prescription orders; refills; labels;
misbranding; dispensing soft contact lenses; opioid antagonists
A. A
prescription‑only drug shall be dispensed only under one of the following
conditions:
1. By
a medical practitioner in conformance with section 32‑1921.
2. On
a written prescription order bearing the prescribing medical practitioner's
manual signature.
3. On
an electronically transmitted prescription order containing the prescribing
medical practitioner's electronic or digital signature that is reduced promptly
to writing and filed by the pharmacist.
4. On
a written prescription order generated from electronic media containing the
prescribing medical practitioner's electronic or manual signature. A
prescription order that contains only an electronic signature must be applied
to paper that uses security features that will ensure the prescription order is
not subject to any form of copying or alteration.
5. On
an oral prescription order that is reduced promptly to writing and filed by the
pharmacist.
6. By
refilling any written, electronically transmitted or oral prescription order if
a refill is authorized by the prescriber either in the original prescription
order, by an electronically transmitted refill order that is documented
promptly and filed by the pharmacist or by an oral refill order that is
documented promptly and filed by the pharmacist.
7. On
a prescription order that the prescribing medical practitioner or the
prescribing medical practitioner's agent transmits by fax or electronic
mail e‑mail.
8. On
a prescription order that the patient transmits by fax or by e‑mail if
the patient presents a written prescription order bearing the prescribing
medical practitioner's manual signature when the prescription‑only drug
is picked up at the pharmacy.
B. A
prescription order shall not be refilled if it is either:
1. Ordered
by the prescriber not to be refilled.
2. More
than one year since it was originally ordered.
C. A
prescription order shall contain the date it was issued, the name and address
of the person for whom or owner of the animal for which the drug is ordered,
refills authorized, if any, the legibly printed name, address and telephone
number of the prescribing medical practitioner, the name, strength, dosage form
and quantity of the drug ordered and directions for its use.
D. Any
drug dispensed in accordance with subsection A of this section is exempt from
the requirements of section 32‑1967, except section 32‑1967,
subsection A, paragraphs 1, 10 and 11 and the packaging requirements of section 32‑1967, subsection A, paragraphs 7 and 8, if the
drug container bears a label containing the name and address of the dispenser, the serial number, the date of
dispensing, the name of the prescriber, the
name of the patient, or, if an animal, the name of the owner of the animal and
the species of the animal, directions for use and cautionary statements, if
any, contained in the order. This exemption does not apply to any drug
dispensed in the course of the conduct of a business of dispensing drugs
pursuant to diagnosis by mail or the internet or to a drug dispensed in
violation of subsection A of this section.
E. The
board by rule also may require additional information on the label of
prescription medication that the board believes to be necessary for the best
interest of the public's health and welfare.
F. A
prescription‑only drug or a controlled substance that requires a
prescription order is deemed to be misbranded if, at any time before
dispensing, its label fails to bear the statement "Rx only". A drug
to which subsection A of this section does not apply is deemed to be misbranded
if, at any time before dispensing, its label bears the caution statement quoted
in this subsection.
G. A
pharmacist may fill a prescription order for soft contact lenses only as
provided in this chapter.
H. A
pharmacist may dispense naloxone hydrochloride or any other opioid antagonist
that is approved by the United States food and drug administration on the
receipt of a standing order and according to protocols adopted by the board
pursuant to section 32‑1979. For the purposes of this
subsection, "standing order" means a signed prescription order that
authorizes the pharmacist to dispense naloxone hydrochloride or any other
opioid antagonist for emergency purposes and that is issued by a medical
practitioner licensed in this state or a state or county health officer who is
a medical practitioner licensed in this state. END_STATUTE
Sec. 2. Section
32-1979, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1979. Pharmacists;
dispensing opioid antagonists; board protocols; immunity
A. A
pharmacist may dispense without a prescription, pursuant to a standing order issued pursuant to section 36‑2266
and according to protocols adopted by the board, naloxone hydrochloride
or any other opioid antagonist that is approved by the United States food and
drug administration for use according to the protocols specified by board rule
to a person who is at risk of experiencing an opioid‑related overdose or
to a family member or community member who is in a position to assist that
person.
B. A
pharmacist who dispenses naloxone hydrochloride or any other opioid antagonist
pursuant to subsection A of this section shall:
1. Document
the dispensing consistent with board rules.
2. Instruct
the individual to whom the opioid antagonist is dispensed to summon emergency
services as soon as practicable either before or after
administering the opioid antagonist.
C. This
section does not affect the authority of a pharmacist to fill or refill a
prescription for naloxone hydrochloride or any other opioid antagonist that is
approved by the United States food and drug administration.
D. A
pharmacist who dispenses an opioid antagonist pursuant to this section is
immune from professional liability and criminal prosecution for any decision
made, act or omission or injury that results from that act if the pharmacist acts
with reasonable care and in good faith, except in cases of wanton or wilful
neglect.END_STATUTE"
Renumber to
conform
Page 3,
after line 21, insert:
"Sec. 4. Section
36-2266, Arizona Revised Statutes, is amended to read:
START_STATUTE36-2266. Prescribing
and dispensing; immunity; definition
A. A
physician who is licensed pursuant to title 32, chapter 13 or 17, a nurse
practitioner licensed pursuant to title 32, chapter 15 and authorized by law to
prescribe drugs or any other health professional who has prescribing authority
and who is acting within the health professional's scope of practice may
prescribe or dispense, directly or by a standing order, naloxone hydrochloride
or any other opioid antagonist that is approved by the United States food and
drug administration for use according to the protocol specified by the
physician, nurse practitioner or other health professional to a person who is
at risk of experiencing an opioid-related overdose, to a family member of that
person, to a community organization that provides services to persons who are
at risk of an opioid-related overdose or to any other person who is in a
position to assist a person who is at risk of experiencing an opioid‑related
overdose.
B. A
physician, nurse practitioner or other health professional who prescribes or
dispenses naloxone hydrochloride or any other opioid antagonist pursuant to
subsection A of this section shall instruct the individual to whom the opioid
antagonist is dispensed to summon emergency services as soon as practicable,
either before or after administering the opioid antagonist.
C. Except
in cases of gross negligence, wilful misconduct or intentional wrongdoing, a
physician, nurse practitioner or other health professional who in good faith
prescribes or dispenses an opioid antagonist pursuant to subsection A of this
section is immune from professional liability and criminal prosecution for any
decision made, act or omission or injury that results from that act if the
physician, nurse practitioner or other health professional acts with reasonable
care and in good faith.
D. Before
prescribing an opioid antagonist pursuant to subsection A of this section, a
physician, nurse practitioner or other health professional may require the
person receiving the prescription, as an indicator of good faith, to provide in
writing a factual basis for a reasonable conclusion that the person or entity
meets the description in subsection A of this section of a person or entity who
is able to receive an opioid antagonist under this section.
E. D. For the purposes of
this section, "person" includes an employee of a school district or
charter school who is acting in the person's official capacity.END_STATUTE"
Amend title to conform
Bill
Number: H.B. 2493