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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
pharmacy board; authority; modifications
Purpose
Directs the Board of Pharmacy (Board) to charge a fee for an inspection, under certain conditions. Allows the Board to delegate specified authority to the Executive Director of the Board (Executive Director).
Background
The Board regulates the practice of pharmacy and the distribution, sale and storage of prescription medications, prescriptive devices and nonprescription medications in Arizona. The Board is charged with licensing pharmacists, pharmacy interns, pharmacy technicians and pharmacy technician trainees, and issues permits to pharmacies, drug manufacturers, wholesalers, distributors and suppliers in Arizona. Current statute grants the Board free access to establishments regulated by the Board to conduct inspections to determine if any violations are present and requires the Board to establish annual inspection fees by rule.
The Board consists of nine Governor-appointed members, including six pharmacists, two consumer members and one pharmacy technician. The Board annually elects a Board President and Vice-President from among its membership and selects an Executive Director, who may or may not be a Board member. The Executive Director serves at the pleasure of the Board and acts as the executive officer in charge of the Board's office. The Executive Director is tasked with administering Board duties, requirements and rules, under the direction of the Board. Additionally, the Executive Director is required to maintain all Board records, including a register of all licensees and businesses registered with the Board, and may perform any other duties the Board requires (A.R.S. §§ 32-1902; 32-1903; and 32-1904).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires
the Board to charge a fee, as determined by the Board, for an inspection if the
permittee requests the inspection.
2. Permits the Board to delegate to the Executive Director the authority to:
a) void an application for a license or a permit and deem all fees forfeited by the applicant, if an applicant provided inaccurate information on the application;
b) enter into an interim consent agreement with a licensee or permittee, if there is evidence that a restriction is needed to mitigate danger to public health and safety, and if the Board's President or Vice-President concurs after reviewing the case;
c) take no action or dismiss a complaint that has no sufficient evidence that a violation of statute or rule occurred; and
d) request that an applicant or licensee who has been charged with, or convicted of, a criminal offense provide court documents and police reports.
3. Requires the Executive Director, at each regularly scheduled Board meeting, to provide the Board with a list of delegated authority actions taken by the Executive Director since the preceding Board meeting.
4. Specifies that the Board must formally adopt an interim consent agreement entered into by the Executive Director, including any modifications the Board deems necessary, for the interim consent agreement to be enforceable.
5. Authorizes the Executive Director to do either of the following if an applicant or licensee fails to provide requested court documents or police reports:
a) close the application, deem the application fee forfeited and not consider a new application complete unless the requested documents are provided; or
b) suspend the licensee and open a complaint for unprofessional conduct.
6. Grants an applicant whose initial application was voided 30 days to correct any inaccurate information included in the application, except for inaccurate education or criminal history information.
7. Permits an applicant who provides inaccurate education or criminal history information, and whose application has been voided, to submit a new application and application fees.
8. Establishes that pharmacists, pharmacy interns, pharmacy technicians and pharmacy technician trainees are not required to disclose the following information in 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 was dismissed, expunged or set aside more than ten years before the application date; and
c) a 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.
9. Requires an applicant or licensee who has had more than one of the specified charges or convictions to disclose such information to the Board.
10. Prohibits a pharmacist from changing the drug name, the prescriber's name or the patient's name that is included on a schedule II controlled substance prescription order.
11. Applies prescribed criminal history disclosure limitations to current licensees.
12. Specifies that the Board and its agents have free access to regulated facilities during the hours that are reported with the Board or posted at a facility.
13. Requires the Board to issue only one active or open license per individual.
14. Authorizes the Board to permit a licensee to regress to a lower level license on written explanation and review by the Board for discussion, determination and possible action.
15. Permits the Board to disclose investigative materials to another state agency, federal agency or law enforcement agency.
16. Prohibits the use or exhibit of the title drug or prescription at a place of business that does not have a pharmacist in active personal charge.
17. Adds an accredited continuing education approved by an applicable health professional regulatory board as an option for satisfying continuing education requirements for health professionals who are authorized to prescribe schedule II controlled substances.
18. Repeals statute related to storage requirements for certain pseudoephedrine products.
19. Makes technical and conforming changes.
20. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Prohibits an applicant from correcting certain inaccurate information included in an application.
2. Permits an applicant who provides inaccurate education or criminal history information to submit a new application and fees if their application is voided.
3. Repeals statute regarding the storage of specified pseudoephedrine products.
4. Modifies requirements restricting the disclosure of certain criminal charges and convictions in an application, and specifies that the requirements apply to current licensees.
5. Prohibits a pharmacist from changing certain information included on a schedule II controlled substance prescription order.
6. Makes technical and conforming changes.
Amendments Adopted by Committee of the Whole
1. Eliminates proposed language permitting the Board to charge a fee for Board-requested inspections and for subsequent inspections if a previously identified violation has not been resolved.
2. Requires the Executive Director to provide a list of actions taken pursuant to authority delegated by the Board at each Board meeting.
3. Adds an accredited continuing medical education approved by a health professional board as an option for satisfying continuing education requirements prescribed for specified health professionals.
Senate Action
HHS 2/13/19 DPA 6-2-0
Prepared by Senate Research
March 1, 2019
CRS/kja