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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
pharmacy board; permittee operations; fees
Purpose
Expands the definition of unprofessional conduct as it relates to certain Pharmacy Board (Board) licensees and permittees. Permits the Board to establish a fee for use of the Board's online application process.
Background
Established in 1903, the Board regulates the practice of pharmacy and the distribution, sale and storage of prescription medications, prescriptive devices and nonprescription medications. 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 of the Board (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. Establishes the following as unprofessional conduct as it relates to disciplining a Board permittee:
a) failing to operate according to the permittee's hours of operation submitted to the Board; and
b) being disciplined by a federal agency or a state licensing agency or board.
2. Establishes the following as unprofessional conduct for the purposes of the Board disciplining a pharmacist or pharmacy intern:
a) failing 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 or state licensing agency or board.
3. Requires Board permittees to include the name of the business that matches the name on the permittee's building and business license and requires permittees to enter the hours of operation in their online profile.
4. Requires an applicant for licensure as a pharmacist, pharmacy intern, pharmacy technician or pharmacy technician trainee to pay a convenience fee determined by the Board when using the Board's online application process.
5. Establishes that a designated representative of a full-service wholesale permittee must have a valid fingerprint clearance card and requires that a newly designated representative obtain and submit a fingerprint clearance card prior to representing the permittee.
6. Eliminates prescribed bonding requirements for full-service wholesale permittees.
7. Permits the Board to determine a fee to provide certain redacted data to public and private entities for research and educational purposes.
8. Modifies the definition of direct supervision of a pharmacist to specify that the pharmacist must have training on the most current standards and training pertaining to the supervised activity.
9. Modifies the definition of full-service wholesale permittee to include permittees who are authorized to distribute precursor chemicals and restricted chemicals.
10. Expands the definition of third-party logistics provider to include entities that provide logistics services to durable medical equipment suppliers.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes proposed language establishing failure to operate according to posted business hours as an act of unprofessional conduct.
2. Makes technical changes.
Senate Action
HHS 2/20/19 DPA 7-0-1
Prepared by Senate Research
February 25, 2019
CRS/gs/kja