State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2040: pharmacy board; definitions; reporting

PRIME SPONSOR: Representative Carter, LD 15

BILL STATUS: Chaptered

              

Legend: Board – Arizona Board of Pharmacy CSPMP – Controlled Substances Prescription Monitoring Program Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to Board definitions and permits.

Provisions

1.       Adds satellite pharmacies to the definition of pharmacy.

2.       Defines revocation or revoke as the cancellation of a Board authorized registration, license or permit for a period of two years unless specified by the Board.

3.       Permits, upon review of the executive director, a new application or request for reinstatement to be reviewed by the Board before the conclusion of the two-year revocation time.

4.       Defines satellite pharmacy as a work place located on or within a hospital campus that is not separated by other non-hospital property, under the supervision of a pharmacist and owned by and dependent on a centrally-located hospital pharmacy.

5.       Clarifies that a satellite pharmacy does not have to be separately permitted by the Board.  

6.       Defines day as a business day.

7.       Allows the Board to discipline a permit holder or licensee if their permit or license was denied in another jurisdiction regardless of reinstatement.

8.       Allows the Board to discipline a permitee for failing to maintain effective controls against the diversion of controlled substances to unauthorized entities or persons.  

9.       Permits the Board to discipline a graduate intern, pharmacy intern, or pharmacist for failing to maintain effective controls against the diversion of controlled substances, or precursor chemicals to unauthorized entities or persons.

10.   Clarifies that a CSPMP reporter must report required dispensing information daily.

11.   Establishes an Automated Prescription-Dispensing Kiosk Permit.

a.       Allows the Board to issue an Automated Prescription-Dispensing Kiosk Permit.

b.       Requires an applicant to pay a biennial fee in the same amount for a limited service pharmacy permit.

12.   Prohibits an Automated-Dispensing Kiosk from containing or dispensing a controlled substance.

13.   Defines Automated Prescription-Dispensing Kiosk.

14.   Makes technical and conforming changes.

Current Law

A.R.S. § 32-1901 contains definitions for Board statutes. Specifically, a pharmacy is defined as a place where drugs, devices and other substances are sold at retail and where a pharmacist dispenses or compounds prescriptions orders.

A.R.S. § 36-2608 requires a medical practitioner who dispenses a controlled substance, a pharmacist who dispenses a prescription in Arizona and a hospital or a Board-permitted nonresident pharmacy that dispenses controlled substances to report outlined information to the CSPMP. Statute prohibits the Board from requiring the reporting more frequently than once per day.

The Board issues the following types of permits:

·         A nonprescription drug;

·         Pharmacy;

·         Limited Service Pharmacy;

·         Full Service Wholesale Drug;

·         Third Party Logistics Provider;

·         Nonprescription Drug Wholesale;

·         Drug Manufacturer;

·         Drug Packager;

·         Compressed Medical Gas Distributor;

·         Durable Medical Equipment Supplier; and

·         Compressed Medical Gas Supplier (A.R.S. § 32-1930).

 

Permitees must pay applicable biennial fees to the Board. Limited Service Pharmacy Permit fees are set at not more than $500 (A.R.S. § 32-1931).

 

 

 

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Fifty-third Legislature                  HB 2040

Second Regular Session                               Version 5: Chaptered

 

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