REFERENCE TITLE: prescriptions; public health emergencies

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SB 1280

Introduced by

Senators Shamp: Wadsack; Representatives Pingerelli, Smith

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:

START_STATUTE32-1965.01. Pharmacists; public health emergencies; 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 public health emergency response of this state pursuant to section 36-787, a pharmacist shall dispense all prescription 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 this action would be:

1. In the pharmacist's professional judgment, contrary to law.

2. In the pharmacist's professional judgment, 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. END_STATUTE