ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: HHS DPA 7-0-1-0 | 3^rd Read 29-0-1-0

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SB 1091: controlled substances monitoring program; delegates

Sponsor:  Senator Pace, LD  25

Committee on Health & Human Services

Overview

Allows the Arizona Board of Pharmacy (Board) to release data collected by the Controlled Substances Prescription Monitoring Program (CSPMP) to specified entities and individuals.

History

Currently, the Board may release data collected by the CSPMP to: 1) a person who is authorized to prescribe or dispense controlled substances or their delegate; 2) an individual who requests their own prescription monitoring information; 3) a medical practitioner regulatory board; 4) a local, state or federal law enforcement or criminal justice agency; 5) the Arizona Health Care Cost Containment System (AHCCCS) and contractors regarding specified circumstances; 6) a person who is serving a lawful order of a court of competent jurisdiction; 7) a person who is authorized to prescribe or dispense controlled substances and who performs 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 Arizona Department of Health Services (DHS) regarding persons who are receiving or prescribing controlled substances in order to implement a public health response to address opioid abuse.

A delegate includes: 1) a licensed health care professional who is employed in the office of or in a hospital with the prescriber or dispenser; 2) an unlicensed medical records technician, medical assistant or office manager who is employed in the office of or in a hospital with the prescriber or dispenser and has received specified training; 3) a forensic pathologist, medical death investigator or other qualified person who is assigned duties in connection with a death investigation; 4) a licensed pharmacy technician trainee, pharmacy technician or pharmacy intern who works in a facility with the dispenser; and 5) any AHCCCS employee or contractor who is authorized by AHCCCS or the contractor's chief medical officer (CMO). (A.R.S. § 36-2604)

Provisions

1. Allows the Board to release data collected by the CSPMP to:

a) A person who is authorized to prescribe or dispense controlled substances, or their delegate, to assist with or verify compliance with statutory requirements and Board and DHS-adopted rules to reduce opioid overdose and death;

b) AHCCCS and AHCCCS contractors regarding people who are receiving AHCCCS or Medicare services; and

c) A health care insurer.

2. Specifies that the Board may release data collected by the CSPMP to a health care insurer only if the health care insurer states in writing that the information is necessary for an open investigation or complaint or for performing a drug utilization review for controlled substances that supports the prevention of opioid overuse or abuse and the safety and quality of care provided to the insured. (Sec. 1)

3. Prohibits the CSPMP data provided by the Board from being used for:

a) Credentialing health care professionals;

b) Determining payment;

c) Preemployment screening; or

d) Any purpose other than as specified in statute. (Sec. 1)

4. Requires any AHCCCS employee, AHCCCS contractor or a health care insurer who is assigned delegate access to the CSPMP to operate under the authority and responsibility of AHCCCS, AHCCCS contractors, a health care insurer's CMO or other employee who is a licensed health care professional and is authorized to prescribe or dispense controlled substances. (Sec. 1)

5. Mandates an AHCCCS delegate or contractor or health care insurer hold a valid health care professional license or certification as a condition of being assigned and provided delegate access to the CSPMP by the Board. (Sec. 1)

6. Allows each AHCCCS employee, AHCCCS contractor or a health care insurer who is a licensed health care professional and is authorized to prescribe or dispense controlled substances to authorize up to 10 delegates. (Sec. 1)

7. Requires an authorized health care professional and a health care insurer who is authorized to prescribe or dispense controlled substances to deactivate a delegate:

a) Within five business days after an employment status change;

b) At the request of the delegate; or

c) Due to the inappropriate use of the CSPMP. (Sec. 1)

8. Directs the Board to provide access to the CSPMP tracking system to a licensed pharmacist who has a national provider identification number and is employed by AHCCCS, an AHCCCS contractor or a health care insurer. (Sec. 2)

9. Expands the definition of delegate to include a health care insurer who is authorized by AHCCCS or a health care insurer's CMO or other licensed health care professional who is authorized to prescribe or dispense controlled substances. (Sec. 1)

10. Defines health care insurer, administration and contractor. (Sec. 1 and 2)

11. Makes technical and conforming changes. (Sec. 1 and 2)

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15.                   SB 1091

16. Initials EB  Page 0 Health & Human Services

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