House Engrossed

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

First Regular Session

2011

 

 

HOUSE BILL 2585

 

 

 

AN ACT

 

Amending section 36-2602, Arizona Revised Statutes; relating to the controlled substances PRESCRIPTION monitoring program.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2602, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2602.  Controlled substances prescription monitoring program; contracts; retention and maintenance of records

A.  The board shall adopt rules to establish a controlled substances prescription monitoring program.  The program shall:

1.  Include a computerized central database tracking system to track the prescribing, dispensing and consumption of schedule II, III and IV controlled substances that are dispensed by a medical practitioner or by a pharmacy that holds a valid license or permit issued pursuant to title 32.  The database shall include data from the department of health services that identifies residents of this state who possess a registry identification card issued pursuant to chapter 28.1 of this title.  The tracking system shall not interfere with the legal use of a controlled substance for the management of severe or intractable pain.

2.  Assist law enforcement to identify illegal activity related to the prescribing, dispensing and consumption of schedule II, III and IV controlled substances.

3.  Provide information to patients, medical practitioners and pharmacists to help avoid the inappropriate use of schedule II, III and IV controlled substances.

4.  Be designed to minimize inconvenience to patients, prescribing medical practitioners and pharmacies while effectuating the collection and storage of information.

B.  The board may enter into private or public contracts, including intergovernmental agreements pursuant to title 11, chapter 7, article 3, to ensure the effective operation of the program.  Each contractor must comply with the confidentiality requirements prescribed in this article and is subject to the criminal penalties prescribed in section 36‑2610.

C.  The board shall maintain medical records information in the program pursuant to the standards prescribed in section 12‑2297. END_STATUTE

Sec. 2.  Requirements for enactment; three-fourths vote

Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 36-2602, Arizona Revised Statutes, as amended by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.