ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: HHS DP 9-0-0-0

HB 2824: pharmacy board; nonprescription drugs; diversion

Sponsor:  Representative Barto, LD 15

Caucus & COW

Overview

Eliminates the requirement for a person or a wholesaler to have a permit to sell nonprescription drugs and clarifies mandatory reporting requirements of certain misdemeanors charges.  

History

The Pharmacy Board (Board) licenses, regulates and conducts examinations of pharmacists and issues permits to distributors of approved medications. The Board also educates pharmacists and the general public on the proper distribution and use of these medications.

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAmends the definition of full services wholesale permittee by removing a reference of over-the-counter drugs and devices. (Sec. 1)

2.    Removes the definition of nonprescription drug. (Sec. 1)

3.    Removes nonprescription drug permittee from the list of places the Board or its agents may enforce its rules. (Sec. 3)

4.    Clarifies that the Board may grant permission to deviate from a state requirement for modernization of pharmacy practice, experimentation or technological advances. (Sec. 3)

5.    Allows an applicant for licensure the opportunity to correct the inaccurate information within 30 days after the initial application was reviewed by Board staff and the applicant was informed of inaccuracy. (Sec. 3)

6.    Specifies that the Board may, rather than must, subsequently formally adopt the interim consent agreement with any modifications the Board deems necessary. (Sec. 3)

7.    Changes the amount of time an applicant or licensee can provide requested documents to the Board from fourteen to thirty business days, if the applicant or licensee has been charged with or convicted of a criminal offense. Removes the option for the executive director to suspend the licensee and open a complaint for unprofessional conduct. (Sec. 3)

8.    Clarifies that the executive director may notify the licensee of an opportunity for a hearing to consider suspension of the licensee if the applicant or licensee fails to provide documents requested by the Board. Allows the executive director to review prescription information. (Sec. 3)

9.    Requires the Board to develop substantive policy statements for each specific licensing and regulatory authority the Board delegates to the executive director. (Sec. 3)

10.  Repeals A.R.S. § 32-1904, as amended by Laws 2019, chapter 320, Section 1, relating to the powers and duties of the Board. (Sec. 4)

11.  Stipulates a person is not required to hold a Board-issued permit to sell only nonprescription drugs at retail in original packages. (Sec. 5)

12.  Elimintes licensing and permitting requirements for nonprescription drugs. (Sec. 6, 7, 8)

13.  Removes nonprescription drug wholesale from the list of classes or permits the Board may issue. (Sec. 7)

14.  Removes over-the-counter from the lists of reasons that a third-party logistics provider must hold a permit in this state. (Sec. 9)

15.  Removes over-the-counter from the lists of reasons that a third-party logistics provider must have a designated representative at each facility who has not been convicted of any felony violation under any federal, state or local law. (Sec. 9)

16.  Specifies a person who is licensed or permitted is not subject to:

a)    An investigation, a civil penalty or any other disciplinary action for failing to disclose a criminal charge if the criminal change is more than four years old and does not involve the following:

i.      Sexual misconduct;

ii.     An incident or occurrence involving a felony; and

iii.    Diversion of a controlled substance or impairment while practicing; or

b)    A civil penalty or any other disciplinary action for failing to report a criminal charge if the licensee or permittee has disclosed the charge in any manner, including a renewal application, even if the disclosure occurred after the 10-working day period. (Sec. 10 and 12)

17.  Limits the time a disciplinary action against a licensee or certificate holder must be available on the health profession regulatory board's website to not more than five years. (Sec. 11)

18.  Clarifies that diversion of a controlled substance does not include administrative errors or recordkeeping violations when there is not evidence of an actual loss of a controlled substance. (Sec. 12)

19.  Requires each licensing authority to retain on its website all final decisions, orders and actions the licensing authority takes not later then five days after the meeting and retain this information on its website for at least three years, but not more than five years. (Sec. 13)

20.  Makes technical and conforming changes. (Sec. 1, 2, 3, 6 7, 8, 10, 11 and 12)

 

 

 

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Initials IG/AG                    Caucus & COW

 

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