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Senate Engrossed
pharmacies; off-label use; refusal prohibition (now: prescriptions; public health emergency) |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SENATE BILL 1016 |
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An Act
amending title 32, chapter 18, article 3, Arizona Revised Statutes, by adding section 32-1965.01; relating to public health.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 18, article 3, Arizona Revised Statutes, is amended by adding section 32-1965.01, to read:
32-1965.01. Pharmacists; off-label use; dispensing required; exceptions; definition
A. A pharmacist shall exercise the pharmacist's professional judgment in the best interest of the patient's health when engaging in the practice of pharmacy.
B. During a proclaimed public health state of emergency, a pharmacist shall dispense all prescriptions orders written by a medical practitioner for the off-label use of a prescription drug. The pharmacist is immune from criminal prosecution and adverse board action or discipline if the pharmacist, in good faith, refuses to dispense a prescription because in the pharmacist's professional judgment this action would be:
1. Contrary to law.
2. Contrary to the health and safety of the patient based on a documented clinical reason other than the prescription order being written for the off-label use of a prescription drug.
3. Impossible or inappropriate because one of the following applies:
(a) The prescription drug is not available to the market at the time the prescription order is presented to the pharmacist.
(b) The pharmacist lacks sufficient equipment, inventory or knowledge to dispense the prescription drug safely.
(c) The pharmacy does not routinely stock the prescription drug as a part of its usual and customary practice.
C. For the purposes of this section, "off-label use" has the same meaning prescribed in section 32-1997.