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REFERENCE TITLE: podiatrists; dispensing registration; repeal |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2194 |
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Introduced by Representative Carter
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AN ACT
Amending sections 32‑801, 32‑830 and 32‑871, Arizona Revised Statutes; relating to the state board of podiatry examiners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-801, Arizona Revised Statutes, is amended to read:
32-801. Definitions
In this chapter, unless the context otherwise requires:
1. "Board" means the state board of podiatry examiners.
2. "Electrical treatment" means the use of electricity in the diagnosis or treatment of an ailment of the foot or leg by electrodes, lights, rays, vibrators or a machine run by electricity.
3. "Leg" means that part of the lower limb between the knee and the foot.
4. "Letter of concern" means an advisory letter to notify a podiatrist that while there is insufficient evidence to support a disciplinary action the board believes the podiatrist should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in action against the podiatrist's license.
5. "License" means a license to practice podiatry.
6. "Manipulative treatment" means the use of the hand or machinery in treatment of the foot or leg.
7. "Mechanical treatment" means application of a mechanical appliance of whatever material to the foot or leg, or to the shoe or other footgear.
8. "Medical treatment" means the recommendation, prescription or local application of a therapeutic agent for relief of a foot or leg ailment.
9. "Podiatrist" is synonymous with podiatric physician and surgeon and means a person who, within the limitations limits of this chapter, is registered and licensed to practice podiatry, including dispensing drugs and devices, by means of the diagnosis or medical, surgical, mechanical, manipulative or electrical treatment of ailments of the human foot and leg, but does not include amputation of the leg or entire foot or administration of an anesthetic other than local.
10. "Podiatry" is synonymous with chiropody and means the diagnosis or medical, surgical, mechanical, manipulative or electrical treatment of ailments of the human foot and leg, but does not include amputation of the leg or entire foot or administration of an anesthetic other than local.
11. "Surgical treatment" means the use of a cutting instrument to treat an ailment of the foot or leg.
Sec. 2. Section 32-830, Arizona Revised Statutes, is amended to read:
32-830. Fees
The board shall establish and collect fees not to exceed:
1. For taking licensing examinations, one thousand dollars. An applicant shall submit this fee with the application for licensure.
2. For application for a an initial license pursuant to section 32‑827 by a podiatrist from another state or country, five hundred dollars.
3. For issuing a license, five hundred dollars.
4. For annual renewal application of a license, five six hundred dollars.
5. For certifying a licensed podiatrist to authorities of another state or country, fifty dollars.
6. For late renewal of a license after July 30 through August 31, one hundred fifty dollars.
7. For initial registration to dispense drugs and devices, two hundred dollars.
8. For annual renewal of registration to dispense drugs and devices, one hundred dollars.
Sec. 3. Section 32-871, Arizona Revised Statutes, is amended to read:
32-871. Dispensing of drugs and devices; conditions; civil penalty; definition
A. A podiatrist may dispense drugs and devices kept by the podiatrist if:
1. All drugs are dispensed in packages labeled with the following information:
(a) The dispensing podiatrist's name, address and telephone number.
(b) The date the drug is dispensed.
(c) The patient's name.
(d) The name and strength of the drug, directions for its use and any cautionary statements.
2. The dispensing podiatrist enters into the patient's medical record the name and strength of the drug dispensed, the date the drug is dispensed and the therapeutic reason.
3. The dispensing podiatrist keeps all drugs in a locked cabinet or room, controls access to the cabinet or room by a written procedure and maintains an ongoing inventory of its contents.
B. Except in an emergency situation, a podiatrist who dispenses drugs for a profit without being registered by the board to do so other than as prescribed in this section is subject to a civil penalty by the board of not less than three hundred dollars and not more than one thousand dollars for each transaction and is prohibited from further dispensing for a period of time as prescribed by the board.
C. Prior to Before dispensing a drug pursuant to this section, the patient shall be given a written prescription on which appears the following statement in bold type: "This prescription may be filled by the prescribing podiatrist or by a pharmacy of your choice."
D. A podiatrist shall dispense for profit only to his the podiatrist's own patient and only for conditions being treated by that podiatrist. The podiatrist shall provide direct supervision of a nurse or attendant other staff member who is involved in the dispensing process. In this subsection, "direct supervision" means that a podiatrist is present and makes the determination as to the legitimacy or the advisability of the drugs or devices to be dispensed.
E. This section shall be enforced by the board, which shall establish rules regarding labeling, record keeping recordkeeping, storage and packaging of drugs that are consistent with the requirements of chapter 18 of this title. The board may conduct periodic inspections of dispensing practices to assure ensure compliance with this section and applicable rules.
F. For the purposes of this section, "dispense" means the delivery by a podiatrist of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery.