ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: HHS DP 7-0-1-0 | 3^rd Read 30-0-0-0

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SB 1357: pharmacy board; nonprescription drugs; diversion

Sponsor:  Senator Barto, LD 15

Committee on Health & Human Services

Overview

Exempts licensees and permittees of the Arizona State Board of Pharmacy (Board) from civil penalties and disciplinary action from failure to disclose specified criminal charges.

History

The Board protects the health, safety and welfare of the citizens of Arizona by regulating the practice of pharmacy and the manufacturing, distribution, sale and storage of prescription medications and devices and non-prescription medications.

The Board accomplishes its mission by: 1) issuing licenses to pharmacists, pharmacy interns and pharmacy technicians; 2) issuing permits to pharmacies, manufacturers, wholesalers, distributors, non-prescription retailers and third-party logistics providers; 3) conducting compliance inspections of permitted facilities, investigating complaints and adjudicating violations of appliable state and federal laws and rules; and 4) promulgating and reviewing state rules and regulations.

Provisions

1. Specifies that the Board may grant permission to deviate from a state requirement for modernization of pharmacy practice, experimentation or technological advances. (Sec. 1)

2. Stipulates that a person is not required to hold a Board-issued permit to sell only nonprescription drugs at retail in original packages. (Sec. 3)

3. Exempts a person who is licensed or permitted by the Board from:

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

i. Sexual misconduct;

ii. An incident or occurrence involving a felony; and

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

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. 3 and 5)

4. States 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. 5)

5. Limits to five years the time a disciplinary action against a licensee or certificate holder must be available on the health profession regulatory board's website. (Sec. 4)

6. Requires each licensing authority to retain on its website all final decisions, orders and actions the licensing authority takes not later than five days after the meeting and retain this information on its website for at least three years, but not more than five years. (Sec. 6)

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10.                   SB 1357

11. Initials EB  Page 0 Health & Human Services

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