Reference Title: proposition 200; marijuana; medical use

AN ACT
AMENDING SECTION 13-3412, ARIZONA REVISED STATUTES; AMENDING SECTION 13-3412, ARIZONA REVISED STATUTES, AS AMENDED BY SECTION 1 OF THIS ACT; REPEALING SECTION 13-3412.01, ARIZONA REVISED STATUTES; AMENDING TITLE 13, CHAPTER 34, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION 13-3412.01; RELATING TO DRUG OFFENSES; PROVIDING FOR CONDITIONAL ENACTMENT.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-3412, Arizona Revised Statutes, is amended to read:

13-3412 . Exceptions and exemptions; burden of proof; privileged communications

A. The provisions of sections 13-3402, 13-3403, 13-3404, 13-3404.01 and 13-3405 through 13-3409 do not apply to:

1. Manufacturers, wholesalers, pharmacies and pharmacists under the provisions of sections 32-1921 and 32-1961.

2. Medical practitioners, pharmacies and pharmacists while acting in the course of their professional practice, in good faith and in accordance with generally accepted medical standards.

3. Persons who lawfully acquire and use such drugs only for scientific purposes.

4. Officers and employees of the United States, this state or a political subdivision of the United States or this state, while acting in the course of their official duties.

5. An employee or agent of a person described in paragraphs 1 through 4 of this subsection, and a registered nurse or medical technician under the supervision of a medical practitioner, while such THE employee, agent, nurse or technician is acting in the course of professional practice or employment, and not on his own account.

6. A common or contract carrier or warehouseman, or an employee of such THE carrier or warehouseman, whose possession of such drugs is in the usual course of business or employment.

7. Persons lawfully in possession or control of controlled substances authorized by title 36, chapter 27.

8. Persons who sell any non-narcotic NONNARCOTIC substance that under the federal food, drug and cosmetic act may lawfully be sold over the counter without a prescription.

9. The receipt, possession or use, of a controlled substance included in schedule I of section 36-2512, by any seriously ill or terminally ill patient, pursuant to the prescription of a doctor in compliance with the provisions of section 13-3412.01.

B. In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of this chapter the burden of proof of any such exception, excuse, defense or exemption is on the defendant.

C. In addition to other exceptions to the physician-patient privilege, information communicated to a physician in an effort to procure unlawfully a prescription-only, dangerous or narcotic drug, or to procure unlawfully the administration of such A PRESCRIPTION-ONLY, DANGEROUS OR NARCOTIC drug, is not a privileged communication.

Sec. 2. Section 13-3412, Arizona Revised Statutes, as amended by section 1 of this act, is amended to read:

13-3412 . Exceptions and exemptions; burden of proof; privileged communications

A. The provisions of sections 13-3402, 13-3403, 13-3404, 13-3404.01 and 13-3405 through 13-3409 do not apply to:

1. Manufacturers, wholesalers, pharmacies and pharmacists under the provisions of sections 32-1921 and 32-1961.

2. Medical practitioners, pharmacies and pharmacists while acting in the course of their professional practice, in good faith and in accordance with generally accepted medical standards.

3. Persons who lawfully acquire and use such drugs only for scientific purposes.

4. Officers and employees of the United States, this state or a political subdivision of the United States or this state, while acting in the course of their official duties.

5. An employee or agent of a person described in paragraphs 1 through 4 of this subsection, and a registered nurse or medical technician under the supervision of a medical practitioner, while the employee, agent, nurse or technician is acting in the course of professional practice or employment, and not on his own account.

6. A common or contract carrier or warehouseman, or an employee of the carrier or warehouseman, whose possession of the drugs is in the usual course of business or employment.

7. Persons lawfully in possession or control of controlled substances authorized by title 36, chapter 27.

8. Persons who sell any nonnarcotic substance that under the federal food, drug and cosmetic act may lawfully be sold over the counter without a prescription.

9. SERIOUSLY ILL OR TERMINALLY ILL PATIENTS WHO RECEIVE, POSSESS OR USE A SCHEDULE I DRUG PURSUANT TO THE PRESCRIPTION OF A DOCTOR IN COMPLIANCE WITH THE PROVISIONS OF SECTION 13-3412.01.

B. In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of this chapter the burden of proof of any exception, excuse, defense or exemption is on the defendant.

C. In addition to other exceptions to the physician-patient privilege, information communicated to a physician in an effort to procure unlawfully a prescription-only, dangerous or narcotic drug, or to procure unlawfully the administration of a prescription-only, dangerous or narcotic drug, is not a privileged communication.

Sec. 3. Repeal

Section 13-3412.01 , Arizona Revised Statutes, is repealed.

Sec. 4. Title 13, chapter 34, Arizona Revised Statutes, is amended by adding a new section 13-3412.01, to read:

13-3412.01 . Prescribing for seriously ill and terminally ill patients; definitions

A. NOTWITHSTANDING ANY LAW TO THE CONTRARY, INCLUDING THE FEDERAL FOOD, DRUG AND COSMETIC ACT (21 UNITED STATES CODE SECTIONS 301 THROUGH 395) AND THE CONTROLLED SUBSTANCES ACT (21 UNITED STATES CODE SECTIONS 801 THROUGH 904), ANY PHYSICIAN WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17 MAY PRESCRIBE A SCHEDULE I DRUG TO TREAT A DEBILITATING DISEASE OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT OR TERMINALLY ILL PATIENT. IN PRESCRIBING A SCHEDULE I DRUG PURSUANT TO THIS SECTION, THE PHYSICIAN SHALL COMPLY WITH PROFESSIONAL MEDICAL STANDARDS.

B. NOTWITHSTANDING ANY LAW TO THE CONTRARY, INCLUDING THE FEDERAL FOOD, DRUG AND COSMETIC ACT (21 UNITED STATES CODE SECTIONS 301 THROUGH 395) AND THE CONTROLLED SUBSTANCES ACT (21 UNITED STATES CODE SECTIONS 801 THROUGH 904), A PHYSICIAN WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17 SHALL DOCUMENT THAT SCIENTIFIC RESEARCH EXISTS WHICH SUPPORTS THE USE OF THE SCHEDULE I DRUG TO TREAT A DEBILITATING DISEASE OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT OR TERMINALLY ILL PATIENT BEFORE PRESCRIBING THE SCHEDULE I DRUG. A PHYSICIAN WHO PRESCRIBES A SCHEDULE I DRUG PURSUANT TO THIS SECTION SHALL OBTAIN THE WRITTEN OPINION OF A SECOND PHYSICIAN THAT THE PRESCRIBING OF A SCHEDULE I DRUG IS APPROPRIATE TO TREAT A DEBILITATING DISEASE OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT OR TERMINALLY ILL PATIENT. THE WRITTEN OPINION OF THE SECOND PHYSICIAN SHALL BE KEPT IN THE PATIENT'S OFFICIAL MEDICAL FILE. BEFORE PRESCRIBING, THE PHYSICIAN SHALL RECEIVE THE WRITTEN CONSENT OF THE PATIENT.

C. THE ALLOPATHIC BOARD OF MEDICAL EXAMINERS OR BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY MAY INVESTIGATE ANY PHYSICIAN WHO FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION AND MAY DISCIPLINE THE PHYSICIAN.

D. FOR THE PURPOSES OF THIS SECTION:

1. "SERIOUSLY ILL" MEANS SUFFERING FROM A DEBILITATING OR LIFE THREATENING CONDITION.

2. "TERMINALLY ILL" MEANS A PERSON WHO IS SERIOUSLY ILL AND WHO WILL DIE AS A RESULT OF THAT ILLNESS.

Sec. 5. Conditional enactment

Sections 2 and 4 of this act do not become effective unless the United States Congress authorizes the medical use of marijuana or unless the federal food and drug administration authorizes the medical use of marijuana and the drug enforcement administration reschedules marijuana to a schedule other than schedule I. The attorney general shall notify the director of the Arizona legislative council of the date on which the condition is met.