Arizona Laws 32-1491. Dispensing of drugs and devices; exception; civil penalty; conditions; definition
A. Except as provided in subsections B and F of this section, a doctor of medicine may dispense drugs and devices kept by the doctor if:
Terms Used In Arizona Laws 32-1491
- Board: means the Arizona medical board. See Arizona Laws 32-1401
- Direct supervision: means that a physician, physician assistant licensed pursuant to chapter 25 of this title or nurse practitioner certified pursuant to chapter 15 of this title is within the same room or office suite as the medical assistant in order to be available for consultation regarding those tasks the medical assistant performs pursuant to section 32-1456. See Arizona Laws 32-1401
- Dispense: means the delivery by a doctor of medicine of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery. See Arizona Laws 32-1401
- Doctor of medicine: means a natural person holding a license, registration or permit to practice medicine pursuant to this chapter. See Arizona Laws 32-1401
- Health care institution: means any facility as defined in section 36-401, any person authorized to transact disability insurance, as defined in Title 20, Chapter 6, Article 4 or 5, any person who is issued a certificate of authority pursuant to Title 20, Chapter 4, Article 9 or any other partnership, association or corporation that provides health care to consumers. See Arizona Laws 32-1401
- Medical assistant: means an unlicensed person who meets the requirements of section 32-1456, has completed an education program approved by the board, assists in a medical practice under the supervision of a doctor of medicine, physician assistant or nurse practitioner and performs delegated procedures commensurate with the medical assistant's education and training but does not diagnose, interpret, design or modify established treatment programs or perform any functions that would violate any statute applicable to the practice of medicine. See Arizona Laws 32-1401
- medication-assisted treatment: means the use of pharmacological medications that are approved by the United States food and drug administration, in combination with counseling and behavioral therapies, to provide a whole patient approach to the treatment of substance use disorders. See Arizona Laws 32-3201.01
- Medicine: means allopathic medicine as practiced by the recipient of a degree of doctor of medicine. See Arizona Laws 32-1401
- Physician: means a doctor of medicine who is licensed pursuant to this chapter. See Arizona Laws 32-1401
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
1. All drugs are dispensed in packages labeled with the following information:
(a) The dispensing doctor’s name, address and telephone number.
(b) The date the drug is dispensed.
(c) The patient’s name.
(d) The name and strength of the drug, directions for its use and any cautionary statements.
2. The dispensing doctor enters into the patient’s medical record the name and strength of the drug dispensed, the date the drug is dispensed and the therapeutic reason.
3. The dispensing doctor keeps all drugs in a locked cabinet or room, controls access to the cabinet or room by a written procedure and maintains an ongoing inventory of its contents.
4. The doctor registers with the board to dispense drugs and devices and pays the registration fee prescribed by section 32-1436.
B. A doctor of medicine may not dispense a schedule II controlled substance that is an opioid, except for an implantable device or an opioid that is for medication-assisted treatment for substance use disorders.
C. Except in an emergency situation, a doctor who dispenses drugs without being registered by the board to do so is subject to a civil penalty by the board of at least $300 and not more than $1,000 for each transaction and is prohibited from further dispensing for a period of time as prescribed by the board.
D. Before a physician dispenses a drug pursuant to this section, the physician shall give the patient a prescription and inform the patient that the prescription may be filled by the prescribing physician or by a pharmacy of the patient’s choice.
E. Except as provided in subsection F of this section, a doctor shall dispense only to the doctor’s own patient and only for conditions being treated by that doctor. The doctor shall provide direct supervision of a medical assistant, nurse or attendant involved in the dispensing process. For the purposes of this subsection, "direct supervision" means that a doctor is present and makes the determination as to the legitimacy or the advisability of the drugs or devices to be dispensed.
F. A physician who dispenses not more than a two-day supply of a noncontrolled substance medication that is kept by a health care institution may dispense the noncontrolled substance medication under the dispensing registration of the medical director of the health care institution’s emergency department or satellite emergency department and is not required to register to dispense medications pursuant to this section if both of the following apply:
1. The physician dispenses only to patients of the health care institution’s emergency department or satellite emergency department for conditions diagnosed or treated at the emergency department or satellite emergency department.
2. The physician works only at the health care institution’s emergency department or satellite emergency department.
G. This section shall be enforced by the board, which shall establish rules regarding labeling, recordkeeping, storage and packaging of drugs that are consistent with the requirements of chapter 18 of this title. The board may conduct periodic reviews of dispensing practices to ensure compliance with this section and applicable rules.
H. For the purposes of this section, "dispense" means the delivery by a doctor of medicine of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery.