ARIZONA
HOUSE OF REPRESENTATIVES
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SB 1103: pharmacy board; authority; modifications |
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PRIME SPONSOR: Senator Carter, LD 15 BILL STATUS: Caucus & COW |
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Outlines additional responsibilities and
requirements regarding the Arizona Board of Pharmacy (Board) and delegates
authority to the Executive Director of the Board.
History
The Board protects the health, safety and welfare of the citizens of Arizona by regulating the practice of pharmacy and the manufacturing, distribution, sale and storage of prescription medications and devices and non-prescription medications. The Board is responsible for licensing pharmacists, pharmacy interns, pharmacy technicians and technician trainees and issuing permits to pharmacies, manufacturers, wholesalers, distributers and suppliers. The Board is required to annually elect a President and Vice-President and appoint an Executive Director. The Executive Director of the Board is the executive officer in charge of the Board's office and oversees all of the records kept, which include a register of all licensees and registered businesses of the Board (A.R.S. §§ 32-1902 and 32-1903).
The Board is responsible for adopting rules necessary to implement the protection of the public regarding pharmacy practice. To enforce rules, conduct inspections and determine violations the Board is granted free access at all reasonable hours to any pharmacy, manufacturer, wholesaler or other establishment regulated by the Board (A.R.S. § 32-1904).
Provisions
1. Specifies that to enforce rules, the Board or its agents have free access during the hours reported to the Board or posted at the facility, rather than all reasonable hours. (Sec. 1)
2. Requires the Board to determine and charge a fee to the permittee for an inspection, if the inspection is requested by the permittee. (Sec. 1)
3. Stipulates that the Board can only issue one active or open license per individual. (Sec. 1)
4. Requires the Board to allow a licensee to drop to a lower level license upon written explanation and Board. (Sec. 1)
5. Allows the Board to delegate authority to the Executive Director to do the following:
a. Void a license or permit application and deem all fees forfeited by the applicant, if inaccurate information was provided on the application:
i. If inaccurate information was provided regarding education or criminal history, the applicant must have the opportunity to correct the information within 30 days after the application was voided.
ii. If inaccurate information was provided regarding education or criminal history and the application is voided, the applicant may submit a new application with all associated fees.
b. Enter into an interim consent agreement with a licensee or permittee, if there is evidence that a restriction against the license or permit is needed to mitigate danger to public health and safety and if the President or Vice-President of the Board concurs after case review;
i. The Board is required to formally adopt the interim consent agreement with any modifications the Board deems necessary for enforcement;
c. Take no action or dismiss a complaint that has insufficient evidence that a violation of statute or rule has occurred;
d. Request an applicant or licensee provide court documents and police reports, if the applicant or licensee has been charged with or convicted of a criminal offense. If the documents are not provided within 14 business days of the request, the Executive Director may either:
i. Close the application, deem the application fee forfeited and not consider a new application complete unless the requested documents are submitted with the application; or
ii. Suspend the licensee and open a complaint for unprofessional conduct. (Sec. 1)
6. Requires the Executive Director provide a list of the delegated authority actions to the Board at each regularly scheduled board meeting. (Sec. 1)
7. Specifies that a pharmacist, pharmacy intern, pharmacy technician and pharmacy technician trainee are not required to disclose the following information when filing an application:
a. A single misdemeanor charge that was dismissed, expunged or set aside more than five-years before the application date;
b. A single misdemeanor conviction that occurred more than ten-years before the application date; or
c. A single felony conviction that was reduced to a misdemeanor conviction or that was dismissed, expunged or set aside more than ten-years before the application date. (Sec. 2)
8. Requires an applicant or licensee who has had more than one of any of the aforementioned charges or convictions to disclose that information to the Board. (Sec. 2)
9. Specifies that information and records kept by the Board regarding investigations are confidential and not open to the public or subject to civil discovery. (Sec. 3)
10. Allows the Board to disclose investigative materials concerning a licensee's alleged violation to another state or federal regulatory agency or law enforcement agency. (Sec. 3)
11. Removes the requirement for an electronically transmitted prescription order to be reduced promptly to writing and filed by the pharmacist, if the prescription contains the prescribing practitioner's electronic or digital signature. (Sec. 5)
12. Repeals the requirement for pseudoephedrine products to be kept behind a store counter or in a locked facility that is inaccessible to customers. (Sec. 6)
13. Prohibits a pharmacist from making the following changes to a written or electronic schedule II-controlled substance prescription order when verbally authorized by the prescriber:
a. The patient's name;
b. The prescriber's name; and
c. The drug name. (Sec. 9)
14. Makes technical and conforming changes. (Sec. 1,3-5,7-9)
Amendments
Committee on Health and Human Services
1. Makes a technical change. (Sec. 9)
2.
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5. Fifty-fourth Legislature SB 1103
6. First Regular Session Version 2: Caucus & COW
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