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Senate Bill 1088

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Senate Bill 1088 Senate Engrossed controlled substances; schedule designations State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021 CHAPTER 61 SENATE BILL 1088 AN ACT AMENDING SECTIONS 13-3412, 13-3412.01, 13-3451, 32-1401, 32-1501, 32-1901, 32-1969, 32-2901, 32-2933, 36-2501, 36-2511, 36-2512, 36-2513, 36-2514, 36-2515, 36-2516, ARIZONA REVISED STATUTES; AMENDING TITLE 36, CHAPTER 27, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 36-2518; AMENDING SECTIONS 36-2525, 36-2531 AND 36-2608, ARIZONA REVISED STATUTES; RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT. (TEXT OF BILL BEGINS ON NEXT PAGE) - i - S.B. 1088 1 Be it enacted by the Legislature of the State of Arizona: 2 Section 1. Section 13-3412, Arizona Revised Statutes, is amended to 3 read: 4 13-3412. Exceptions and exemptions; burden of proof; 5 privileged communications 6 A. The provisions of sections 13-3402 and 13-3403, section 7 13-3404.01, subsection A, paragraph 1 and sections 13-3405 through 13-3409 8 do not apply to: 9 1. Manufacturers, wholesalers, pharmacies and pharmacists under the 10 provisions of sections 32-1921 and 32-1961. 11 2. Medical practitioners, pharmacies and pharmacists while acting 12 in the course of their professional practice, in good faith and in 13 accordance with generally accepted medical standards. 14 3. Persons who lawfully acquire and use such drugs only for 15 scientific purposes. 16 4. Officers and employees of the United States, this state or a 17 political subdivision of the United States or this state, while acting in 18 the course of their official duties. 19 5. An employee or agent of a person described in paragraphs 1 20 through 4 of this subsection, and a registered nurse or medical technician 21 under the supervision of a medical practitioner, while such employee, 22 agent, nurse or technician is acting in the course of professional 23 practice or employment, and not on his own account. 24 6. A common or contract carrier or warehouseman, or an employee of 25 such carrier or warehouseman, whose possession of drugs is in the usual 26 course of business or employment. 27 7. Persons lawfully in possession or control of controlled 28 substances authorized by title 36, chapter 27 OR THE RULES ADOPTED 29 PURSUANT TO TITLE 36, CHAPTER 27. 30 8. The receipt, possession or use, of a controlled substance 31 included in schedule I of section 36-2512 OR THE RULES ADOPTED PURSUANT TO 32 SECTION 36-2512, by any seriously ill or terminally ill patient, pursuant 33 to the prescription of a doctor in compliance with the provisions of 34 section 13-3412.01. 35 B. In any complaint, information or indictment and in any action or 36 proceeding brought for the enforcement of any provision of this chapter 37 the burden of proof of any such exception, excuse, defense or exemption is 38 on the defendant. 39 C. In addition to other exceptions to the physician-patient 40 privilege, information communicated to a physician in an effort to procure 41 unlawfully a prescription-only, dangerous or narcotic drug, or to procure 42 unlawfully the administration of such drug, is not a privileged 43 communication. - 1 - S.B. 1088 1 Sec. 2. Section 13-3412.01, Arizona Revised Statutes, is amended to 2 read: 3 13-3412.01. Prescribing controlled substances included in 4 schedule I for seriously ill and terminally ill 5 patients 6 A. Notwithstanding any law to the contrary, any medical doctor 7 licensed to practice in this state may prescribe a controlled substance 8 included in schedule I as prescribed by section 36-2512 OR THE RULES 9 ADOPTED PURSUANT TO SECTION 36-2512 to treat a disease, or to relieve the 10 pain and suffering of a seriously ill patient or terminally ill patient, 11 subject to the provisions of this section. In prescribing such a 12 controlled substance, the medical doctor shall comply with professional 13 medical standards. 14 B. Notwithstanding any law to the contrary, a medical doctor shall 15 document that scientific research exists that supports the use of a 16 controlled substance listed in schedule I as prescribed by section 36-2512 17 OR THE RULES ADOPTED PURSUANT TO SECTION 36-2512 to treat a disease, or to 18 relieve the pain and suffering of a seriously ill patient or a terminally 19 ill patient before prescribing the controlled substance. A medical doctor 20 prescribing a controlled substance included in schedule I as prescribed by 21 section 36-2512 OR THE RULES ADOPTED PURSUANT TO SECTION 36-2512 to treat 22 a disease, or to relieve the pain and suffering of a seriously ill patient 23 or terminally ill patient, shall obtain the written opinion of a second 24 medical doctor that prescribing the controlled substance is appropriate to 25 treat a disease or to relieve the pain and suffering of a seriously ill 26 patient or terminally ill patient. The written opinion of the second 27 medical doctor shall be kept in the patient's official medical file. 28 Before prescribing the controlled substance included in schedule I as 29 prescribed by section 36-2512 OR THE RULES ADOPTED PURSUANT TO SECTION 30 36-2512, the medical doctor shall receive in writing the consent of the 31 patient. 32 C. Any failure to comply with the provisions of this section may be 33 the subject of investigation and appropriate disciplining action by the 34 Arizona medical board. 35 Sec. 3. Section 13-3451, Arizona Revised Statutes, is amended to 36 read: 37 13-3451. Definitions 38 In this chapter, unless the context otherwise requires: 39 1. "Controlled substance" means a drug, substance or immediate 40 precursor in schedules I through V of title 36, chapter 27 OR THE RULES 41 ADOPTED PURSUANT TO TITLE 36, CHAPTER 27, or a dangerous drug or a 42 narcotic drug listed in section 13-3401. 43 2. "Counterfeit preparation" means a preparation that has an 44 appearance which imitates another preparation but that, in fact, is a 45 different preparation. - 2 - S.B. 1088 1 3. "Distribute" means the actual, constructive or attempted 2 transfer, delivery or sale of, or dispensing to another of, an imitation 3 controlled substance, imitation prescription-only drug or imitation 4 over-the-counter drug. 5 4. "Imitation controlled substance" means a drug, substance or 6 immediate precursor which does or does not contain a controlled substance 7 that by texture, consistency or color or dosage unit appearance as 8 evidenced by color, shape, size or markings, apart from any other 9 representations, packaging or advertisements, would lead a reasonable 10 person to believe that the substance is a controlled substance but it is a 11 counterfeit preparation. 12 5. "Imitation over-the-counter drug" means an imitation of a 13 nonprescription drug as defined in section 32-1901 that by texture, 14 consistency or color or dosage unit appearance as evidenced by color, 15 shape, size or markings, apart from any other representations, packaging 16 or advertisements, would lead a reasonable person to believe that the 17 substance is an over-the-counter drug. 18 6. "Imitation prescription-only drug" means a drug, substance or 19 immediate precursor which does or does not contain a prescription-only 20 drug as defined by section 32-1901 that by texture, consistency or color 21 or dosage unit appearance as evidenced by color, shape, size or markings, 22 apart from any other representations, packaging or advertisements, would 23 lead a reasonable person to believe that the substance is a 24 prescription-only drug but it is a counterfeit preparation. 25 7. "Manufacture" means the production, preparation, compounding, 26 processing, encapsulating, packaging or repackaging, or labeling or 27 relabeling of an imitation controlled substance, imitation 28 prescription-only drug or imitation over-the-counter drug. 29 8. "Placebo" means an inactive substance or preparation used in 30 controlled studies to determine the effectiveness of medicinal substances 31 or used to please or gratify a physician's patient. 32 Sec. 4. Section 32-1401, Arizona Revised Statutes, is amended to 33 read: 34 32-1401. Definitions 35 In this chapter, unless the context otherwise requires: 36 1. "Active license" means a valid and existing license to practice 37 medicine. 38 2. "Adequate records" means legible medical records, produced by 39 hand or electronically, containing, at a minimum, sufficient information 40 to identify the patient, support the diagnosis, justify the treatment, 41 accurately document the results, indicate advice and cautionary warnings 42 provided to the patient and provide sufficient information for another 43 practitioner to assume continuity of the patient's care at any point in 44 the course of treatment. - 3 - S.B. 1088 1 3. "Advisory letter" means a nondisciplinary letter to notify a 2 licensee that either: 3 (a) While there is insufficient evidence to support disciplinary 4 action, the board believes that continuation of the activities that led to 5 the investigation may result in further board action against the licensee. 6 (b) The violation is a minor or technical violation that is not of 7 sufficient merit to warrant disciplinary action. 8 (c) While the licensee has demonstrated substantial compliance 9 through rehabilitation or remediation that has mitigated the need for 10 disciplinary action, the board believes that repetition of the activities 11 that led to the investigation may result in further board action against 12 the licensee. 13 4. "Approved hospital internship, residency or clinical fellowship 14 program" means a program at a hospital that at the time the training 15 occurred was legally incorporated and that had a program that was approved 16 for internship, fellowship or residency training by the accreditation 17 council for graduate medical education, the association of American 18 medical colleges, the royal college of physicians and surgeons of Canada 19 or any similar body in the United States or Canada approved by the board 20 whose function is that of approving hospitals for internship, fellowship 21 or residency training.
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