ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
controlled substances monitoring program; delegates
Purpose
Requires any employee or contractor of the Arizona Health Care Cost Containment System (AHCCCS) or a health care insurer who is assigned delegate access to the Controlled Substances Prescription Monitoring Program (CSPMP) to operate under the chief medical officer or other licensed health care professional authorized to prescribe controlled substances.
Background
Laws 2007, Chapter 269 established the CSPMP database, a central database used to track the prescribing, dispensing and consumption of Schedule II, III and IV controlled substances that are dispensed by medical practitioners or pharmacies as well as track data from the Department of Health Services (DHS) pertaining to residents who possess a medical marijuana registry identification card. Current law requires medical practitioners, pharmacies, outpatient health care facilities and permitted nonresident pharmacies that dispense controlled substances to report certain information pertaining to the dispenser, prescriber, patient and controlled substance to the database (A.R.S. § 36-2608).
The Arizona State Board of Pharmacy (Board) is authorized to release data collected by the CSPMP to: 1) a person who is authorized to prescribe a controlled substance or their delegate; 2) an individual who requests their own prescription monitoring information; 3) a medical practitioner regulatory board; 4) a law enforcement or criminal justice agency if the information is necessary for an open investigation or complaint; 5) AHCCCS and AHCCCS contractors regarding persons receiving certain services if the information is necessary for an open investigation or complaint, for performing a drug utilization review for controlled substances to combat opioid overuse or for ensure the continuity of care; 6) a person who is serving a lawful order of a court of competent jurisdiction; 7) a person who is authorized to prescribe a controlled substance and is performing an evaluation on an individual who may be entitled to compensation; 8) a county medical examiner who is directing an investigation surrounding a death or their delegate; and 9) the DHS regarding people receiving or prescribing controlled substances in order to implement a public health response to address opioid overuse (A.R.S. § 36-2604).
Currently, delegate includes: 1) a licensed health care professional employed in the office of or in a hospital with the prescriber; 2) an unlicensed medical records technician, medical assistant, or office manager employed in the hospital with specified training; 3) a forensic pathologist, medical death investigator, or other qualified person who has duties connected to a death investigation; 4) a licensed pharmacy technician, pharmacy technician trainee or pharmacy intern; or 5) any employee of AHCCCS or a contractor who is authorized by AHCCCS's or the contractor's chief medical officer (A.R.S. § 36-2604).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires any employee or contractor of AHCCCS or a health care insurer who is assigned delegate access to the CSPMP to operate under the entity's chief medical officer or other employee who is a licensed health care professional that is authorized to prescribe or dispense controlled substances.
2. Requires any delegate to hold a valid heath professional license or certification as a condition of being assigned delegate access to the CSPMP by the Board.
3. Prohibits any AHCCCS employee, AHCCCS contractor or licensed health care professional who is authorized to prescribe controlled substances from authorizing more than ten delegates.
4. Permits the Board to release CSPMP data to the following entities:
a) AHCCCS and AHCCCS contractors regarding people who are receiving AHCCCS or Medicare services; and
b) health care insurers.
5. Prohibits the use of CSPMP data provided by the Board for:
a) credentialing health care professionals;
b) determining payment;
c) preemployment screening; or
d) any other purpose other than preventing overuse or abuse of controlled substances and the safety and quality of care provided to the member.
6. Classifies failure by a licensed health care professional to supervise a delegate as unprofessional conduct.
7. Requires authorized licensed health care professionals and health care insurers to deactivate a delegate within five business days after a delegate's employment status change, the request of the delegate or the inappropriate use of the CSPMP's central database tracking system.
8. Expands the definition of delegate to include any employee of a health care insurer who is authorized by the health care insurer's chief medical officer or other licensed health care professional who is authorized to prescribe controlled substances.
9. Defines health care insurer.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2020
CRS/KS/kja