State SealARIZONA HOUSE OF REPRESENTATIVES


 

SB 1403: pharmacy board; permittee operations; fees

PRIME SPONSOR: Senator Carter, LD 15

BILL STATUS: Health and Human Services

                                Regulatory Affairs

 

Overview

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteMakes changes to the pharmacy statutes as it relates to permittees.

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.       Modifies the definition of unethical conduct, as it pertains to disciplining a permittee, to include:

a.       Failure to operate according to the permittee's hours of operation as submitted to the board; and

b.       Being disciplined by a federal agency, state licensing agency, or state licensing agency or board. (Sec. 2)

2.       Expands the definition of unprofessional conduct, as it pertains to the purposes of disciplining a pharmacist, pharmacy intern, pharmacy technician or pharmacy technician trainee, to include:

a.       Failure to promptly produce any book, record, or document when requested by an official conducting an investigation, inspection or audit; and

b.       Being disciplined by a federal agency, state licensing agency or state licensing board. (Sec. 2)

3.       Requires applicants to pay a convenience fee, determined by the Board, when using the online application process. (Sec. 3, 5)

4.       Requires all permits to contain the name of the business that matches the name on the permittee's building and business license, if applicable, and requires the permittee's hours of operation to be entered in their online profile. (Sec. 4)

5.       Updates language for third-party logistics provider to include narcotic drugs or other controlled substances, nonprescription drugs, prescription-only devices, devices, precursor chemicals or regulated chemicals and deletes over-the-counter and dangerous devices. (Sec. 6)

6.       Directs third-party logistic providers to provide the Board with a list of all durable medical equipment suppliers upon request. (Sec. 6)

7.       Stipulates that if the full-service wholesale permittee changes its designated representative that the new designated representative must possess and submit a valid fingerprint clearance card before the change. (Sec. 7)

8.       Establishes that the designated representative of a full-service wholesale permittee must possess and maintain a valid fingerprint clearance card. (Sec. 7)

9.       Eliminates language relating to the bond requirements for full-service wholesale permittees. (Sec. 7)

10.   Allows the Board to charge a fee to provide de-identified data from the controlled substances prescription drug monitoring database to public or private entities for statistical, research or educational purposes. (Sec. 8)

11.   Subjects a full-service wholesale permittee to fingerprint requirements.  (Sec. 9, 11)

12.   Modifies the definition of direct supervision of a pharmacist, full service wholesale permittee, good manufacturing practice, pharmacy (as it relates to a remote dispensing pharmacy) and third- party logistics provider. (Sec. 1)

13.   Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 15)

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17.   Fifty-fourth Legislature                       SB 1403

18.   First Regular Session                            Version 1: Health and Human Services

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