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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
pharmacy board; nonprescription drugs; diversion
Purpose
Exempts Board of Pharmacy (BOP) licensees, permittees and certificate holders from disciplinary action for failure to disclose certain criminal charges. Limits the time health professional regulatory boards (boards) and licensing authorities must post disciplinary actions on their websites to a five-year time period.
Background
A board is any board that regulates one or more health professionals in Arizona, including: 1) the Arizona Medical Board; 2) the Board of Behavioral Health Examiners; 3) the Board of Dental Examiners; 4) the Naturopathic Physician Medical Board; 5) the BOP; 6) the Board of Physical Therapy; 7) the Board of Chiropractic Examiners; 8) the Board of Nursing; 9) the Board of Optometry; and 10) the Board of Respiratory Examiners, among others. Boards are responsible for the licensure, certification and general regulation of associated health professionals including disciplinary action as permitted by statute. Currently, statute requires health professionals who have been charged with certain criminal charges to disclose such information to the appropriate board within 10 working days (A.R.S. §§ 32-3201; 32-3208; 32-1236; 32-3276; and 32-2066).
The
BOP regulates the practice of pharmacy and the distribution, sale and storage
of prescription medications, prescriptive devices and nonprescription
medications in Arizona. The BOP is charged with licensing pharmacists, pharmacy
interns, pharmacy technicians and pharmacy technician trainees, and issues
permits to pharmacies, drug manufacturers, wholesalers, distributors and
suppliers in Arizona. Current statute allows for the sale of nonprescription
drugs that are in the original packaging at BOP-permitted retail locations
(A.R.S. §§ 32-1904
and
32-1921).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Permits the BOP to grant permission to deviate from requirements related to the modernization of pharmacy practice.
2. Specifies that a person does not need to hold a BOP-issued permit in order to sell nonprescription drugs in original packaging at a retail location.
3. Exempts a BOP licensee or permittee from the following:
a) an investigation, civil penalty or other disciplinary action for failing to disclose a criminal charge, if the charge is more than four years old and does not involve:
i. sexual misconduct;
ii. an accident or occurrence involving a felony;
iii. diversion of a controlled substance; or
iv. impairment while practicing; and
b) a civil penalty or other disciplinary action for failing to report a criminal charge if the licensee or permittee has disclosed the charge in any manner, even if the disclosure occurred after the 10-working day period.
4. Specifies 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.
5. Limits, to five years, the time that disciplinary and nondisciplinary actions and orders taken against a licensee by a board be made available on the board's website.
6. Directs licensing authorities to retain all final decisions, orders and actions taken on the authority's website for up to five years.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2021
CRS/kja