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House Engrossed Senate Bill
health professionals; preceptorships |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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CHAPTER 213
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SENATE BILL 1278 |
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AN ACT
Amending title 32, chapter 13, article 1, Arizona Revised Statutes, by adding section 32-1408; amending section 32-1491, Arizona Revised Statutes; amending title 32, chapter 15, article 1, Arizona Revised Statutes, by adding section 32-1607; amending title 32, chapter 17, article 1, Arizona Revised Statutes, by adding section 32-1807; amending section 32-1871, Arizona Revised Statutes; amending title 32, chapter 25, article 1, Arizona Revised Statutes, by adding section 32-2508; relating to health care professionals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 13, article 1, Arizona Revised Statutes, is amended by adding section 32-1408, to read:
32-1408. Preceptorship awareness campaign; definitions
A. The board shall develop a preceptorship awareness campaign that educates medical professionals who are licensed pursuant to this chapter on how to become and the benefits of being a medical preceptor for students.
B. For the purposes of this section:
1. "Medical preceptor" means a medical professional who is licensed pursuant to this chapter and who maintains an active practice in this state.
2. "Preceptorship":
(a) Means a mentoring experience in which a medical preceptor provides a program of personalized instruction, training and supervision to a student, which may include educating the student about dispensing drugs and devices, to enable the student to obtain a medical professional degree to become licensed pursuant to this chapter.
(b) does not include mentoring for medical services that are prescribed in section 36-2301.01, subsection C, paragraph 1.
3. "Student" means an individual who is matriculating at the graduate level at an accredited institution of higher education in this state and who is seeking a medical professional degree to become licensed pursuant to this chapter.
Sec. 2. Section 32-1491, Arizona Revised Statutes, is amended to read:
32-1491. Dispensing of drugs and devices; exception; civil penalty; conditions; definition
A. Except as provided in subsection subsections B and F of this section, a doctor of medicine may dispense drugs and devices kept by the doctor if:
1. All drugs are dispensed in packages labeled with the following information:
(a) The dispensing doctor's name, address and telephone number.
(b) The date the drug is dispensed.
(c) The patient's name.
(d) The name and strength of the drug, directions for its use and any cautionary statements.
2. The dispensing doctor enters into the patient's medical record the name and strength of the drug dispensed, the date the drug is dispensed and the therapeutic reason.
3. The dispensing doctor keeps all drugs in a locked cabinet or room, controls access to the cabinet or room by a written procedure and maintains an ongoing inventory of its contents.
4. The doctor registers with the board to dispense drugs and devices and pays the registration fee prescribed by section 32-1436.
C. Except in an emergency situation, a doctor who dispenses drugs without being registered by the board to do so is subject to a civil penalty by the board of not less than three hundred dollars at least $300 and not more than one thousand dollars $1,000 for each transaction and is prohibited from further dispensing for a period of time as prescribed by the board.
D. Before a physician dispenses a drug pursuant to this section, the physician shall give the patient a prescription and inform the patient that the prescription may be filled by the prescribing physician or by a pharmacy of the patient's choice.
E. Except as provided in subsection F of this section, a doctor shall dispense only to the doctor's own patient and only for conditions being treated by that doctor. The doctor shall provide direct supervision of a medical assistant, nurse or attendant involved in the dispensing process. For the purposes of this subsection, "direct supervision" means that a doctor is present and makes the determination as to the legitimacy or the advisability of the drugs or devices to be dispensed.
F. A physician who dispenses not more than a two-day supply of a noncontrolled substance medication that is kept by a health care institution may dispense the noncontrolled substance medication under the dispensing registration of the medical director of the health care institution's emergency department or satellite emergency department and is not required to register to dispense medications pursuant to this section if both of the following apply:
1. The physician dispenses only to patients of the health care institution's emergency department or satellite emergency department for conditions diagnosed or treated at the emergency department or satellite emergency department.
2. The physician works only at the health care institution's emergency department or satellite emergency department.
F. G. This section shall be enforced by the board, which shall establish rules regarding labeling, recordkeeping, storage and packaging of drugs that are consistent with the requirements of chapter 18 of this title. The board may conduct periodic reviews of dispensing practices to ensure compliance with this section and applicable rules.
G. H. For the purposes of this section, "dispense" means the delivery by a doctor of medicine of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery.
Sec. 3. Title 32, chapter 15, article 1, Arizona Revised Statutes, is amended by adding section 32-1607, to read:
32-1607. Preceptorship awareness campaign; definitions
A. The board shall develop a preceptorship awareness campaign that educates advance practice registered nurse professionals who are licensed pursuant to this chapter on how to become and the benefits of being a preceptor for graduate nursing students.
B. For the purposes of this section:
1. "Graduate student" means an individual who is matriculating at the graduate level at an accredited institution of higher education in this state and who is seeking an advance nursing degree to become licensed as an advance practice registered nurse pursuant to this chapter.
2. "Nursing preceptor" means a nursing professional who is licensed pursuant to this chapter and who maintains an active practice in this state.
3. "Preceptorship":
(a) Means a mentoring experience in which a nursing preceptor provides a program of personalized instruction, training and supervision to a graduate student to enable the student to obtain an advance nursing degree to become licensed as an advance practice registered nurse pursuant to this chapter.
(b) Does not include mentoring for medical services that are prescribed in section 36-2301.01, subsection c, paragraph 1.
Sec. 4. Title 32, chapter 17, article 1, Arizona Revised Statutes, is amended by adding section 32-1807, to read:
32-1807. Preceptorship awareness campaign; definitions
A. The board shall develop a preceptorship awareness campaign that educates medical professionals who are licensed pursuant to this chapter on how to become and the benefits of being a medical preceptor for students.
B. For the purposes of this section:
1. "Medical preceptor" means a medical professional who is licensed pursuant to this chapter and who maintains an active practice in this state.
2. "Preceptorship":
(a) Means a mentoring experience in which a medical preceptor provides a program of personalized instruction, training and supervision to a student, which may include educating the student about dispensing drugs and devices, to enable the student to obtain a medical professional degree to become licensed pursuant to this chapter.
(b) does not include mentoring for medical services that are prescribed in section 36-2301.01, subsection C, paragraph 1.
3. "Student" means an individual who is matriculating at the graduate level at an accredited institution of higher education in this state and who is seeking a medical professional degree to become licensed pursuant to this chapter.
Sec. 5. Section 32-1871, Arizona Revised Statutes, is amended to read:
32-1871. Dispensing of drugs and devices; conditions; exception; civil penalty
A. Except as provided in subsection subsections B and F of this section, an osteopathic physician may dispense drugs and devices kept by the physician if:
1. All drugs are dispensed in packages labeled with the following information:
(a) The dispensing physician's name, address and telephone number.
(b) The date the drug is dispensed.
(c) The patient's name.
(d) The name and strength of the drug, directions for its use and any cautionary statements.
2. The dispensing physician enters into the patient's medical record the name and strength of the drug dispensed, the date the drug is dispensed and the therapeutic reason.
3. The dispensing physician keeps all drugs in a locked cabinet or room, controls access to the cabinet or room by a written procedure and maintains an ongoing inventory of its contents.
4. The dispensing physician annually registers with the board to dispense drugs and devices.
5. The dispensing physician pays the registration fee prescribed by the board pursuant to section 32-1826. This paragraph does not apply if the physician is dispensing in a nonprofit practice and neither the patient nor a third party pays or reimburses the physician or the nonprofit practice for the drugs or devices dispensed.
6. The dispensing physician labels dispensed drugs and devices and stores them according to rules adopted by the board.
B. An osteopathic physician may not dispense a schedule II controlled substance that is an opioid, except for an implantable device or an opioid that is for medication-assisted treatment for substance use disorders.
C. Except in an emergency situation, a physician who dispenses drugs without being registered by the board to do so is subject to a civil penalty by the board of not less than three hundred dollars at least $300 and not more than one thousand dollars $1,000 for each transaction and is prohibited from further dispensing for a period of time as prescribed by the board.
D. Before dispensing a drug pursuant to this section, the patient shall be given a written prescription on which appears the following statement in bold type: "This prescription may be filled by the prescribing physician or by a pharmacy of your choice."
E. Except as provided in subsection F of this section, a physician shall dispense only to the physician's patient and only for conditions being treated by that physician.
F. A physician who dispenses not more than a two-day supply of a noncontrolled substance medication that is kept by a health care institution may dispense the noncontrolled substance medication under the dispensing registration of the medical director of the health care institution's emergency department or satellite emergency department and is not required to register to dispense medications pursuant to this section if both of the following apply:
1. The physician dispenses only to patients of the health care institution's emergency department or satellite emergency department for conditions diagnosed or treated at the emergency department or satellite emergency department.
2. The physician works only at the health care institution's emergency department or satellite emergency department.
F. G. The board shall enforce this section and shall establish rules regarding labeling, recordkeeping, storage and packaging of drugs that are consistent with the requirements of chapter 18 of this title. The board may conduct periodic inspections of dispensing practices to ensure compliance with this section and applicable rules.
G. H. If a physician fails to renew a registration to dispense or ceases to dispense for any reason, within thirty days that physician must notify the board in writing of the remaining inventory of drugs and devices and the manner in which they were disposed.
Sec. 6. Title 32, chapter 25, article 1, Arizona Revised Statutes, is amended by adding section 32-2508, to read:
32-2508. Preceptorship awareness campaign; definitions
A. The board shall develop a preceptorship awareness campaign that educates medical professionals who are licensed pursuant to this chapter on how to become and the benefits of being a medical preceptor for students.
B. For the purposes of this section:
1. "Medical preceptor" means a medical professional who is licensed pursuant to this chapter and who maintains an active practice in this state.
2. "Preceptorship":
(a) Means a mentoring experience in which a medical preceptor provides a program of personalized instruction, training and supervision to a student to enable the student to obtain a medical professional degree to become licensed pursuant to this chapter.
(b) does not include mentoring for medical services that are prescribed in section 36-2301.01, subsection C, paragraph 1.
3. "Student" means an individual who is matriculating at the graduate level at an accredited institution of higher education in this state and who is seeking a medical professional degree to become licensed pursuant to this chapter.
APPROVED BY THE GOVERNOR APRIL 9, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 9, 2021.