ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

HB 2071: dentists; registration; civil penalty; repeal

Sponsor: Representative Bliss, LD 1

Committee on Regulatory Affairs

Overview

Repeals the penalty for a dentist who dispenses drugs for profit without being registered to do so by the Arizona State Board of Dental Examiners (Board).

History

Dentists are authorized to dispense prescription drugs, except schedule II-controlled substances that are opioids, and devices if: 1) all dispensed drugs are packaged and labeled with specified information; 2) documented with the name, strength, date and therapeutic reason for the dispensed drug into the patient's dental records; and 3) kept in a secured cabinet or room with controlled access by written procedures and maintained an ongoing inventory of its contents.

As prescribed by the Board in rule, a dentist who is currently licensed to practice dentistry in Arizona may dispense controlled substances, prescription-only drugs, and prescription-only devices for profit only after providing the Board the following information: 1) their name and dental license number; 2) a list of the types of drugs and devices to be dispensed for profit, including controlled substances; 3) locations where the dentist desires to dispense the drugs and devices for profit; and 4) a copy of their current Drug Enforcement Administration Certificate of Registration for each dispensing location from which the dentist desires to dispense the drugs and devices for profit (R4-11-1406).

A dentist can dispense for profit only to their own patients and for conditions being treated by that dentist. Except in emergency situations, a dentist who dispenses drugs for profit without being registered by the Board is subject to a civil penalty of not less than $300 and not more than $1,000 for each transaction and prohibited from dispensing for a period of time as prescribed by the Board (A.R.S. § 32-1298).

Provisions

1. Removes the penalty that a dentist, except in emergency situations, who dispenses drugs for profit without being registered by the Board is:

a) subject to a civil penalty of not less than $300 and not more than $1,000 per transaction; and

b) prohibited from dispensing for a period of time as prescribed by the Board. (Sec. 1)

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

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6. HB 2071

7. Initials AG Page 0 Regulatory Affairs

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