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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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CHAPTER 174
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HOUSE BILL 2060 |
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AN ACT
amending section 32‑1970, Arizona Revised Statutes; repealing section 32‑1979.01, Arizona Revised Statutes; relating to the Arizona state board of pharmacy.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1970, Arizona Revised Statutes, is amended to read:
32-1970. Initiating, monitoring and modifying drug therapy and use; conditions; definitions
A. A pharmacist who is licensed pursuant to this chapter may initiate, monitor and modify drug therapy and use only under the following circumstances:
1. The patient's drug therapy and use are pursuant to a provider.
2. The pharmacist complies with rules adopted by the board of pharmacy.
3. The pharmacist follows the written drug therapy management protocols prescribed by the provider who made the diagnosis and initiates, monitors or modifies a person's drug therapy and use only pursuant to those protocols. Each protocol developed pursuant to the drug therapy agreement shall contain detailed directions concerning the actions that the pharmacist may perform for that a patient referred by the provider. The protocol shall specify, at a minimum, the specific drug or drugs to be managed by the pharmacist, the conditions and events for which the pharmacist must notify the provider and the laboratory tests that may be ordered. A provider who enters into a protocol‑based drug therapy agreement must have a legitimate provider‑patient relationship.
B. A licensee who violates this section commits an act of unprofessional conduct.
C. A pharmacist is responsible for the pharmacist's negligent acts that are the result of the pharmacist's change of medication or that relate to patient drug usage pursuant to drug therapy management protocols. This subsection does not limit a provider's liability for negligent acts that are not related to a pharmacist's change of medication pursuant to the protocols.
D. For the purposes of this section:
1. "Initiate, monitor and modify":
(a) Means that a pharmacist may perform specific acts as authorized by a provider pursuant to written guidelines and protocols. This
(b) Does not include the a pharmacist's selection of drug products that are not prescribed by the provider unless selection of the specific drug product is authorized by the written guidelines and protocols.
2. "Protocol" means a provider's written order, written standing medical order or other written order of protocol as defined by rules adopted by the Arizona medical board, the Arizona board of osteopathic examiners in medicine and surgery and the Arizona state board of nursing and that is patient, provider and pharmacist specific for prescriptions or orders given by the provider authorizing the written protocol.
3. "Provider" means a physician who is licensed pursuant to chapter 13 or 17 of this title or a registered nurse practitioner who is licensed pursuant to chapter 15 of this title and who acts as a primary care practitioner.
Sec. 2. Repeal
Section 32‑1979.01, Arizona Revised Statutes, is repealed.
APPROVED BY THE GOVERNOR MAY 7, 2019.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 7, 2019.