Conference Engrossed

 

 

 

State of Arizona

Senate

Fifty-second Legislature

Second Regular Session

2016

 

 

 

CHAPTER 267

 

SENATE BILL 1112

 

 

AN ACT

 

Amending sections 32‑1901, 32‑1970 and 32‑1974, Arizona Revised Statutes; amending section 36‑449.03, Arizona Revised Statutes, as amended by Laws 2016, chapter 75, section 1; amending section 36‑2153, Arizona Revised Statutes; relating to the Arizona state board of pharmacy.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 32-1901, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1901.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Administer" means the direct application of a controlled substance, prescription‑only drug, dangerous drug or narcotic drug, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by a practitioner or by the practitioner's authorized agent or the patient or research subject at the direction of the practitioner.

2.  "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of drugs, devices, poisons or hazardous substances.

3.  "Advisory letter" means a nondisciplinary letter to notify a licensee or permittee that either:

(a)  While there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee or permittee.

(b)  The violation is a minor or technical violation that is not of sufficient merit to warrant disciplinary action.

(c)  While the licensee or permittee has demonstrated substantial compliance through rehabilitation, remediation or reeducation that has mitigated the need for disciplinary action, the board believes that repetition of the activities that led to the investigation may result in further board action against the licensee or permittee.

4.  "Antiseptic", if a drug is represented as such on its label, means a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment or dusting powder or other use that involves prolonged contact with the body.

5.  "Authorized officers of the law" means legally empowered peace officers, compliance officers of the state board of pharmacy and agents of the division of narcotics enforcement and criminal intelligence of the department of public safety.

6.  "Board" or "board of pharmacy" means the Arizona state board of pharmacy.

7.  "Color additive" means a material that either:

(a)  Is any dye, pigment or other substance made by a process of synthesis or similar artifice, or extracted, isolated or otherwise derived, with or without intermediate or final change of identity, from any vegetable, animal, mineral or other source.

(b)  If added or applied to a drug, or to the human body or any part of the human body, is capable of imparting color, except that color additive does not include any material that has been or may be exempted under the federal act.  Color includes black, white and intermediate grays.

8.  "Compounding" means the preparation, mixing, assembling, packaging or labeling of a drug by a pharmacist or an intern or pharmacy technician under the pharmacist's supervision, for the purpose of dispensing to a patient based on a valid prescription order.  Compounding includes the preparation of drugs in anticipation of prescription orders prepared on routine, regularly observed prescribing patterns and the preparation of drugs as an incident to research, teaching or chemical analysis or for administration by a medical practitioner to the medical practitioner's patient and not for sale or dispensing. Compounding does not include the preparation of commercially available products from bulk compounds or the preparation of drugs for sale to pharmacies, practitioners or entities for the purpose of dispensing or distribution.

9.  "Compressed medical gas distributor" means a person who holds a current permit issued by the board to distribute compressed medical gases pursuant to a compressed medical gas order to compressed medical gas suppliers and other entities that are registered, licensed or permitted to use, administer or distribute compressed medical gases.

10.  "Compressed medical gas order" means an order for compressed medical gases that is issued by a medical practitioner.

11.  "Compressed medical gas supplier" means a person who holds a current permit issued by the board to supply compressed medical gases pursuant to a compressed medical gas order and only to the consumer or the patient.

12.  "Compressed medical gases" means gases and liquid oxygen that a compressed medical gas distributor or manufacturer has labeled in compliance with federal law.

13.  "Controlled substance" means a drug, substance or immediate precursor that is identified, defined or listed in title 36, chapter 27, article 2.

14.  "Corrosive" means any substance that when it comes in contact with living tissue will cause destruction of tissue by chemical action.

15.  "Counterfeit drug" means a drug that, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number or device, or any likeness of these, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed that drug.

16.  "Dangerous drug" has the same meaning prescribed in section 13‑3401.

17.  "Decree of censure" means an official action that is taken by the board and that may include a requirement for restitution of fees to a patient or consumer.

18.  "Deliver" or "delivery" means the actual, constructive or attempted transfer from one person to another whether or not there is an agency relationship.

19.  "Deputy director" means a pharmacist who is employed by the board and selected by the executive director to perform duties as prescribed by the executive director.

20.  "Device", except as used in paragraph 15 of this section, section 32‑1965, paragraph 4 and section 32‑1967, subsection A, paragraph 15 and subsection C, means instruments, apparatus and contrivances, including their components, parts and accessories, including all such items under the federal act, intended either:

(a)  For use in the diagnosis, cure, mitigation, treatment or prevention of disease in the human body or other animals.

(b)  To affect the structure or any function of the human body or other animals.

21.  "Direct supervision of a pharmacist" means the pharmacist is present.  If relating to the sale of certain items, direct supervision of a pharmacist means that a pharmacist determines the legitimacy or advisability of a proposed purchase of those items.

22.  "Director" means the director of the division of narcotics enforcement and criminal investigation of the department of public safety.

23.  "Dispense" means to deliver to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare for that delivery.

24.  "Dispenser" means a practitioner who dispenses.

25.  "Distribute" means to deliver, other than by administering or dispensing.

26.  "Distributor" means a person who distributes.

27.  "Drug" means:

(a)  Articles recognized, or for which standards or specifications are prescribed, in the official compendium.

(b)  Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in the human body or other animals.

(c)  Articles other than food intended to affect the structure or any function of the human body or other animals.

(d)  Articles intended for use as a component of any articles specified in subdivision (a), (b) or (c) of this paragraph but does not include devices or their components, parts or accessories.

28.  "Drug enforcement administration" means the drug enforcement administration of the United States department of justice or its successor agency.

29.  "Drug or device manufacturing" means the production, preparation, propagation or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis and includes any packaging or repackaging of substances or labeling or relabeling of its container and the promotion and marketing of the same.  Drug or device manufacturing does not include compounding.

30.  "Economic poison" means any substance that alone, in chemical combination or in formulation with one or more other substances is a pesticide within the meaning of the laws of this state or the federal insecticide, fungicide and rodenticide act and that is used in the production, storage or transportation of raw agricultural commodities.

31.  "Established name", with respect to a drug or ingredient of a drug, means any of the following:

(a)  The applicable official name.

(b)  If there is no such name and the drug or ingredient is an article recognized in an official compendium, the official title in an official compendium.

(c)  If neither subdivision (a) nor (b) of this paragraph applies, the common or usual name of such drug.

32.  "Executive director" means the executive director of the board of pharmacy.

33.  "Federal act" means the federal laws and regulations that pertain to drugs, devices, poisons and hazardous substances and that are official at the time any drug, device, poison or hazardous substance is affected by this chapter.

34.  "Full service wholesale permittee" means a permittee who may distribute prescription‑only drugs and devices, controlled substances and over‑the‑counter drugs and devices to pharmacies or other legal outlets from a place devoted in whole or in part to wholesaling these items.

35.  "Graduate intern" means a person who has graduated from a college, school or program of pharmacy approved by the board and who meets the qualifications and experience for a pharmacy intern as provided in section 32‑1923.

36.  "Highly toxic" means any substance that falls within any of the following categories:

(a)  Produces death within fourteen days in half or more than half of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight, when orally administered.

(b)  Produces death within fourteen days in half or more than half of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, if inhaled continuously for a period of one hour or less at an atmospheric concentration of two hundred parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided the concentration is likely to be encountered by humans if the substance is used in any reasonably foreseeable manner.

(c)  Produces death within fourteen days in half or more than half of a group of ten or more rabbits tested in a dosage of two hundred milligrams or less per kilogram of body weight, if administered by continuous contact with the bare skin for twenty‑four hours or less.

If the board finds that available data on human experience with any substance indicate results different from those obtained on animals in the dosages or concentrations prescribed in this paragraph, the human data shall take precedence.

37.  "Hospital" means any institution for the care and treatment of the sick and injured that is approved and licensed as a hospital by the department of health services.

38.  "Intern" means a pharmacy intern and a graduate intern.

39.  "Internship" means the practical, experiential, hands‑on training of a pharmacy intern under the supervision of a preceptor.

40.  "Irritant" means any substance, other than a corrosive, that on immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction.

41.  "Jurisprudence examination" means a board approved board‑approved pharmacy law examination that is written and administered in cooperation with the national association of boards of pharmacy or another board approved board‑approved pharmacy law examination.

42.  "Label" means a display of written, printed or graphic matter on the immediate container of any article that, unless easily legible through the outside wrapper or container, also appears on the outside wrapper or container of the article's retail package.  For the purposes of this paragraph, the immediate container does not include package liners.

43.  "Labeling" means all labels and other written, printed or graphic matter either:

(a)  On any article or any of its containers or wrappers.

(b)  Accompanying that article.

44.  "Letter of reprimand" means a disciplinary letter that is a public document issued by the board and that informs a licensee or permittee that the licensee's or permittee's conduct violates state or federal law and may require the board to monitor the licensee or permittee.

45.  "Limited service pharmacy" means a pharmacy that is approved by the board to practice a limited segment of pharmacy as indicated by the permit issued by the board.

46.  "Manufacture" or "manufacturer" means every person who prepares, derives, produces, compounds, processes, packages or repackages or labels any drug in a place, other than a pharmacy, devoted to manufacturing the drug.

47.  "Marijuana" has the same meaning prescribed in section 13‑3401.

48.  "Medical practitioner" means any medical doctor, doctor of osteopathy, dentist, podiatrist, veterinarian or other person who is licensed and authorized by law to use and prescribe drugs and devices for the treatment of sick and injured human beings or animals or for the diagnosis or prevention of sickness in human beings or animals in this state or any state, territory or district of the United States.

49.  "Medication order" means a written or verbal order from a medical practitioner or that person's authorized agent to administer a drug or device.

50.  "Narcotic drug" has the same meaning prescribed in section 13‑3401.

51.  "New drug" means either:

(a)  Any drug the composition of which is such that the drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs as safe and effective for use under the conditions prescribed, recommended or suggested in the labeling.

(b)  Any drug the composition of which is such that the drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, has become so recognized, but that has not, other than in the investigations, been used to a material extent or for a material time under those conditions.

52.  "Nonprescription drug" or "over‑the‑counter drug" means any nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged and labeled for use by the consumer in accordance with the requirements of the laws of this state and federal law.  Nonprescription drug does not include:

(a)  A drug that is primarily advertised and promoted professionally to medical practitioners and pharmacists by manufacturers or primary distributors.

(b)  A controlled substance.

(c)  A drug that is required to bear a label that states "Rx only."

(d)  A drug that is intended for human use by hypodermic injection.

53.  "Nonprescription drug wholesale permittee" means a permittee who may distribute only over‑the‑counter drugs and devices to pharmacies or other lawful outlets from a place devoted in whole or in part to wholesaling these items.

54.  "Notice" means personal service or the mailing of a copy of the notice by certified mail addressed either to the person at the person's latest address of record in the board office or to the person's attorney.

55.  "Official compendium" means the latest revision of the United States pharmacopeia and the national formulary or any current supplement.

56.  "Other jurisdiction" means one of the other forty‑nine states, the District of Columbia, the Commonwealth of Puerto Rico or a territory of the United States of America.

57.  "Package" means a receptacle defined or described in the United States pharmacopeia and the national formulary as adopted by the board.

58.  "Packaging" means the act or process of placing a drug item or device in a container for the purpose or intent of dispensing or distributing the item or device to another.

59.  "Person" means an individual, partnership, corporation and association, and their duly authorized agents.

60.  "Pharmaceutical care" means the provision of drug therapy and other pharmaceutical patient care services.

61.  "Pharmacist" means an individual who is currently licensed by the board to practice the profession of pharmacy in this state.

62.  "Pharmacist in charge" means the pharmacist who is responsible to the board for a licensed establishment's compliance with the laws and administrative rules of this state and of the federal government pertaining to the practice of pharmacy, the manufacturing of drugs and the distribution of drugs and devices.

63.  "Pharmacist licensure examination" means a board approved board‑approved examination that is written and administered in cooperation with the national association of boards of pharmacy or any other board approved board‑approved pharmacist licensure examination.

64.  "Pharmacy" means any place:

(a)  Where drugs, devices, poisons or related hazardous substances are offered for sale at retail.

(b)  In which the profession of pharmacy is practiced or where prescription orders are compounded and dispensed.

(c)  That has displayed on it or in it the words "pharmacist," "pharmaceutical chemist," "apothecary," "druggist," "pharmacy," "drugstore," "drugs" or "drug sundries" or any of these words or combinations of these words, or words of similar import either in English or any other language, or that is advertised by any sign containing any of these words.

(d)  Where the characteristic symbols of pharmacy or the characteristic prescription sign "Rx" is exhibited.

(e)  Or a portion of any building or structure that is leased, used or controlled by the permittee to conduct the business authorized by the board at the address for which the permit was issued and that is enclosed and secured when a pharmacist is not in attendance.

65.  "Pharmacy intern" means a person who has all of the qualifications and experience prescribed in section 32‑1923.

66.  "Pharmacy technician" means a person who is licensed pursuant to this chapter.

67.  "Pharmacy technician trainee" means a person who is licensed pursuant to this chapter.

68.  "Poison" or "hazardous substance" includes, but is not limited to, any of the following if intended and suitable for household use or use by children:

(a)  Any substance that, according to standard works on medicine, pharmacology, pharmacognosy or toxicology, if applied to, introduced into or developed within the body in relatively small quantities by its inherent action uniformly produces serious bodily injury, disease or death.

(b)  A toxic substance.

(c)  A highly toxic substance.

(d)  A corrosive substance.

(e)  An irritant.

(f)  A strong sensitizer.

(g)  A mixture of any of the substances described in this paragraph, if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.

(h)  A substance that is designated by the board to be a poison or hazardous substance.  This subdivision does not apply to radioactive substances, economic poisons subject to the federal insecticide, fungicide and rodenticide act or the state pesticide act, foods, drugs and cosmetics subject to state laws or the federal act or substances intended for use as fuels when stored in containers and used in the heating, cooking or refrigeration system of a house. This subdivision applies to any substance or article that is not itself an economic poison within the meaning of the federal insecticide, fungicide and rodenticide act or the state pesticide act, but that is a poison or hazardous substance within the meaning of this paragraph by reason of bearing or containing an economic poison or hazardous substance.

69.  "Practice of pharmacy":

(a)  Means furnishing the following health care services as a medical professional:

(a)  (i)  Interpreting, evaluating and dispensing prescription orders in the patient's best interests.

(b)  (ii)  Compounding drugs pursuant to or in anticipation of a prescription order.

(c)  (iii)  Labeling of drugs and devices in compliance with state and federal requirements.

(d)  (iv)  Participating in drug selection and drug utilization reviews, drug administration, drug or drug-related research and drug therapy monitoring or management.

(e)  (v)  Providing patient counseling necessary to provide pharmaceutical care.

(f)  (vi)  Properly and safely storing drugs and devices in anticipation of dispensing.

(g)  (vii)  Maintaining required records of drugs and devices.

(h)  (viii)  Offering or performing of acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy.

(i)  (ix)  Implementing Initiating, monitoring and modifying drug therapy pursuant to a protocol‑based drug therapy agreement with a provider as outlined in section 32‑1970.

(j)  (x)  Initiating and administering immunizations or vaccines pursuant to section 32‑1974.

(b)  Does not include initiating a prescription order for any medication, drug or other substance used to induce or cause a medication abortion as defined in section 36‑2151.

70.  "Practitioner" means any physician, dentist, veterinarian, scientific investigator or other person who is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state, or any pharmacy, hospital or other institution that is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state.

71.  "Preceptor" means a pharmacist who is serving as the practical instructor of an intern and complies with section 32‑1923.

72.  "Precursor chemical" means a substance that is:

(a)  The principal compound that is commonly used or that is produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.

(b)  Listed in section 13‑3401, paragraph 26 or 27.

73.  "Prescription" means either a prescription order or a prescription medication.

74.  "Prescription medication" means any drug, including label and container according to context, that is dispensed pursuant to a prescription order.

75.  "Prescription‑only device" includes:

(a)  Any device that is limited by the federal act to use under the supervision of a medical practitioner.

(b)  Any device required by the federal act to bear on its label essentially the legend "Rx only".

76.  "Prescription‑only drug" does not include a controlled substance but does include:

(a)  Any drug that because of its toxicity or other potentiality for harmful effect, the method of its use, or the collateral measures necessary to its use is not generally recognized among experts, qualified by scientific training and experience to evaluate its safety and efficacy, as safe for use except by or under the supervision of a medical practitioner.

(b)  Any drug that is limited by an approved new drug application under the federal act or section 32‑1962 to use under the supervision of a medical practitioner.

(c)  Every potentially harmful drug, the labeling of which does not bear or contain full and adequate directions for use by the consumer.

(d)  Any drug, other than a controlled substance, required by the federal act to bear on its label the legend "Rx only".

77.  "Prescription order" means any of the following:

(a)  An order to a pharmacist for drugs or devices issued and signed by a duly licensed medical practitioner in the authorized course of the practitioner's professional practice.

(b)  An order transmitted to a pharmacist through word of mouth, telephone or other means of communication directed by that medical practitioner.  Prescription orders received by word of mouth, telephone or other means of communication shall be maintained by the pharmacist pursuant to section 32‑1964, and the record so made by the pharmacist constitutes the original prescription order to be dispensed by the pharmacist.  This paragraph does not alter or affect laws of this state or any federal act requiring a written prescription order.

(c)  An order initiated by a pharmacist pursuant to a protocol-based drug therapy agreement with a provider as outlined in section 32-1970, or immunizations or vaccines administered by a pharmacist pursuant to section 32‑1974.

78.  "Professionally incompetent" means:

(a)  Incompetence based on a variety of factors, including a lack of sufficient pharmaceutical knowledge or skills or experience to a degree likely to endanger the health of patients.

(b)  When considered with other indications of professional incompetence, a pharmacist, pharmacy intern or graduate intern who fails to obtain a passing score on a board approved board‑approved pharmacist licensure examination or a pharmacy technician or pharmacy technician trainee who fails to obtain a passing score on a board approved board‑approved pharmacy technician licensure examination.

79.  "Radioactive substance" means a substance that emits ionizing radiation.

80.  "Safely engage in employment duties" means that a permittee or the permittee's employee is able to safely engage in employment duties related to the manufacture, sale, distribution or dispensing of drugs, devices, poisons, hazardous substances, controlled substances or precursor chemicals.

81.  "Symbol" means the characteristic symbols that have historically identified pharmacy, including  "show globes", and  "mortar and pestle, and the sign "Rx".

82.  "Toxic substance" means a substance, other than a radioactive substance, that has the capacity to produce injury or illness in humans through ingestion, inhalation or absorption through any body surface.

83.  "Ultimate user" means a person who lawfully possesses a drug or controlled substance for that person's own use, for the use of a member of that person's household or for administering to an animal owned by that person or by a member of that person's household. END_STATUTE

Sec. 2.  Section 32-1970, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1970.  Initiating, monitoring and modifying drug therapy and use; conditions; definitions

A.  A pharmacist licensed pursuant to this chapter may implement initiate, monitor and modify drug therapy and use only under the following circumstances:

1.  The patient's drug therapy and use are pursuant to a provider.

2.  The pharmacist complies with rules adopted by the state board of pharmacy.

3.  The pharmacist follows the written drug therapy management protocols prescribed by the provider who made the diagnosis and implements initiates, monitors or modifies a person's drug therapy and use only pursuant to those protocols.  Each protocol developed pursuant to the drug therapy agreement shall contain detailed directions concerning the actions that the pharmacist may perform for that patient.  The protocol shall specify, at a minimum, the specific drug or drugs to be managed by the pharmacist, the conditions and events for which the pharmacist must notify the provider and the laboratory tests that may be ordered.  A provider who enters into a protocol‑based drug therapy agreement must have a legitimate provider‑patient relationship.

B.  A licensee who violates this section commits an act of unprofessional conduct.

C.  A pharmacist is responsible for the pharmacist's negligent acts that are the result of the pharmacist's change of medication or that relate to patient drug usage pursuant to drug therapy management protocols. This subsection does not limit a provider's liability for negligent acts that are not related to a pharmacist's change of medication pursuant to the protocols.

D.  For the purposes of this section:

1.  "Implement Initiate, monitor and modify" means that a pharmacist may perform specific acts as authorized by a provider pursuant to written guidelines and protocols.  This does not include the selection of drug products not prescribed by the provider unless selection of the specific drug product is authorized by the written guidelines and protocols.

2.  "Protocol" means a provider's written order, written standing medical order or other written order of protocol as defined by rules adopted by the Arizona medical board, and the Arizona board of osteopathic examiners in medicine and surgery and the Arizona state board of nursing and that are is patient, provider and pharmacist specific for prescriptions or orders given by the provider authorizing the written protocol.

3.  "Provider" means a physician who is licensed pursuant to chapter 13 or 17 of this title or a registered nurse practitioner who is licensed pursuant to chapter 15 of this title and who acts as a primary care practitioner. END_STATUTE

Sec. 3.  Section 32-1974, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1974.  Pharmacists; administration of immunizations, vaccines and emergency medications; certification; reporting requirements; advisory committee; definitions

A.  Except as prescribed pursuant to subsection I of this section, a pharmacist who is licensed pursuant to this chapter and who meets the requirements of this section may administer the following to adults without a prescription order pursuant to rules and protocols adopted by the board pursuant to this section:

1.  Immunizations or vaccines listed in recommended for adults by the United States centers for disease control and prevention's recommended adult immunization schedule prevention.

2.  Immunizations or vaccines recommended by the United States centers for disease control and prevention's health information for international travel.

B.  A pharmacist who is licensed pursuant to this chapter and who meets the requirements of this section may administer the following to a person who is at least six years of age but under eighteen years of age minors without a prescription order pursuant to rules and protocols adopted by the board pursuant to this section:

1.  influenza immunizations or vaccines for influenza to a person who is at least three years of age.

2.  Immunizations or vaccines in response to a public health emergency declared by the governor pursuant to section 36‑787.

2.  Booster doses for the primary adolescent series as recommended by the United States centers for disease control and prevention.

3.  Immunizations or vaccines recommended by the United States centers for disease control and prevention to a person who is at least thirteen years of age.

C.  Pursuant to a prescription order except as prescribed in subsection B of this section, a pharmacist who is licensed pursuant to this chapter and who meets the requirements of this section may administer immunizations and vaccines, including the first dose for the primary adolescent series, to a person who is at least six years of age but under eighteen thirteen years of age only with a prescription order and pursuant to rules and protocols adopted by the board pursuant to this section.

D.  A pharmacist who wishes to administer immunizations and vaccines pursuant to this section must be certified to do so by the board. The board shall issue a certificate to a pharmacist who meets board requirements for certification as prescribed by the board by rule.

E.  A pharmacist who is certified to administer immunizations and vaccines pursuant to this section may administer without a prescription order:

1.  Emergency medication to manage an acute allergic reaction to an immunization, or vaccine or medication in accordance with the United States centers for disease control and prevention immunization guidelines.

2.  Immunizations or vaccines to any person regardless of age during a public health emergency response of this state pursuant to section 36‑787.

F.  A pharmacist who administers an immunization, vaccine or emergency medication pursuant to this section must:

1.  Report the administration to the person's Identified primary care provider or physician, if the primary care provider or physician is available, within forty-eight hours after administering the immunization, vaccine or emergency medication and as prescribed by the board by rule. Failure to report the administration of an immunization, vaccine or emergency medication pursuant to this section is a violation of section 32‑1901.01, subsection B, paragraph 2. The pharmacist shall make a reasonable effort to identify the person's primary care provider or physician by one or more of the following methods:

(a)  Checking any adult immunization information system or vaccine registry established by the department of health services.

(b)  Checking pharmacy records.

(c)  Requesting the information from the person or, in the case of a minor, the person's parent or guardian.

2.  Report information to any adult immunization information system or vaccine registry established by the department of health services.

3.  Maintain a record of the immunization pursuant to title 12, chapter 13, article 7.1 and as prescribed by the board by rule.

4.  Report to the person's identified primary care provider or physician, within twenty‑four hours of occurrence, any adverse reaction that is reported to or witnessed by the pharmacist and that is listed by the vaccine manufacturer as a contraindication to further doses of the vaccine.

4.  5.  Participate in any federal vaccine adverse event reporting system or successor database.

G.  This section does not establish a cause of action against a patient's primary care provider or physician for any adverse reaction, complication or negative outcome arising from the administration of any immunization, vaccine or emergency medication by a pharmacist to the patient pursuant to this section if it is administered without a prescription order written by the patient's primary care provider or physician.

H.  The board shall adopt rules for the administration of vaccines or immunizations pursuant to this section regarding:

1.  Protocols that are based on protocols approved by the United States centers for disease control and prevention and any advisory committee appointed by the board for the purpose of recommending protocols.

2.  Record keeping Recordkeeping and reporting requirements.

3.  Requirements and qualifications for pharmacist certification pursuant to this section.

4.  Vaccine information and educational materials for those requesting vaccines and immunizations.

5.  The administration of emergency medication pursuant to this section.

I.  The department of health services, by rule, shall establish and maintain a list of immunizations or vaccines that may be administered to adults by a pharmacist only pursuant to a prescription order. In adopting and maintaining this list, the department is exempt from the rule making rulemaking requirements of title 41, chapter 6. The department shall adopt its initial rules within six months after receipt of the recommendations of the advisory committee appointed by the board and shall hold one public hearing before implementing the rules and any amendments to the rules. The list shall include those immunizations or vaccines listed in the United States centers for disease control and prevention's recommended adult immunization schedule or recommended by the United States centers for disease control and prevention's health information for international travel that have adverse reactions that could cause significant harm to a patient's health.  A pharmacist may not administer immunizations or vaccines without a prescription order pursuant to this section before the department has established the list pursuant to this subsection.  The board may not authorize a pharmacist to administer new immunizations or vaccines without a prescription order pursuant to this section until the department reviews the new immunizations and vaccines to determine if they should be added to the list established pursuant to this subsection.

J.  The board may appoint an advisory committee to assist the board in adopting and amending rules and developing protocols relating to the administration of immunizations, vaccines and emergency medications and certification requirements.

K.  A pharmacy intern who is certified by the board to administer immunizations and vaccines pursuant to this section may do so only in the presence and under the immediate personal supervision of a pharmacist who is certified as prescribed in this section.

L.  This section does not prevent a pharmacist who administers an immunization or vaccine from participating in the federal vaccines for children program.

M.  A pharmacist may not administer an immunization or vaccine to a minor pursuant to subsection B or C of this section without the consent of the minor's parent or guardian.

N.  For the purposes of this section:

1.  "Emergency medication" means emergency epinephrine and diphenhydramine and antihistamines in accordance with the United States centers for disease control and prevention immunization guidelines.

2.  "Primary adolescent series" means those immunizations or vaccines recommended by the United States Centers for disease control and prevention for children starting at age eleven or twelve. END_STATUTE

Sec. 4.  Section 36-449.03, Arizona Revised Statutes, as amended by Laws 2016, chapter 75, section 1, is amended to read:

START_STATUTE36-449.03.  Abortion clinics; rules; civil penalties

A.  The director shall adopt rules for an abortion clinic's physical facilities.  At a minimum these rules shall prescribe standards for:

1.  Adequate private space that is specifically designated for interviewing, counseling and medical evaluations.

2.  Dressing rooms for staff and patients.

3.  Appropriate lavatory areas.

4.  Areas for preprocedure hand washing.

5.  Private procedure rooms.

6.  Adequate lighting and ventilation for abortion procedures.

7.  Surgical or gynecologic examination tables and other fixed equipment.

8.  Postprocedure recovery rooms that are supervised, staffed and equipped to meet the patients' needs.

9.  Emergency exits to accommodate a stretcher or gurney.

10.  Areas for cleaning and sterilizing instruments.

11.  Adequate areas for the secure storage of medical records and necessary equipment and supplies.

12.  The display in the abortion clinic, in a place that is conspicuous to all patients, of the clinic's current license issued by the department.

B.  The director shall adopt rules to prescribe abortion clinic supplies and equipment standards, including supplies and equipment that are required to be immediately available for use or in an emergency.  At a minimum these rules shall:

1.  Prescribe required equipment and supplies, including medications, required for the conduct, in an appropriate fashion, of any abortion procedure that the medical staff of the clinic anticipates performing and for monitoring the progress of each patient throughout the procedure and recovery period.

2.  Require that the number or amount of equipment and supplies at the clinic is adequate at all times to assure sufficient quantities of clean and sterilized durable equipment and supplies to meet the needs of each patient.

3.  Prescribe required equipment, supplies and medications that shall be available and ready for immediate use in an emergency and requirements for written protocols and procedures to be followed by staff in an emergency, such as the loss of electrical power.

4.  Prescribe required equipment and supplies for required laboratory tests and requirements for protocols to calibrate and maintain laboratory equipment at the abortion clinic or operated by clinic staff.

5.  Require ultrasound equipment.

6.  Require that all equipment is safe for the patient and the staff, meets applicable federal standards and is checked annually to ensure safety and appropriate calibration.

C.  The director shall adopt rules relating to abortion clinic personnel. At a minimum these rules shall require that:

1.  The abortion clinic designate a medical director of the abortion clinic who is licensed pursuant to title 32, chapter 13, 17 or 29.

2.  Physicians performing abortions are licensed pursuant to title 32, chapter 13 or 17, demonstrate competence in the procedure involved and are acceptable to the medical director of the abortion clinic.

3.  A physician is available:

(a)  For a surgical abortion who has admitting privileges at a health care institution that is classified by the director as a hospital pursuant to section 36‑405, subsection B and that is within thirty miles of the abortion clinic.

(b)  For a medication abortion who has admitting privileges at a health care institution that is classified by the director as a hospital pursuant to section 36‑405, subsection B.

4.  If a physician is not present, a registered nurse, nurse practitioner, licensed practical nurse or physician assistant is present and remains at the clinic when abortions are performed to provide postoperative monitoring and care, or monitoring and care after inducing a medication abortion, until each patient who had an abortion that day is discharged.

5.  Surgical assistants receive training in counseling, patient advocacy and the specific responsibilities of the services the surgical assistants provide.

6.  Volunteers receive training in the specific responsibilities of the services the volunteers provide, including counseling and patient advocacy as provided in the rules adopted by the director for different types of volunteers based on their responsibilities.

D.  The director shall adopt rules relating to the medical screening and evaluation of each abortion clinic patient.  At a minimum these rules shall require:

1.  A medical history, including the following:

(a)  Reported allergies to medications, antiseptic solutions or latex.

(b)  Obstetric and gynecologic history.

(c)  Past surgeries.

2.  A physical examination, including a bimanual examination estimating uterine size and palpation of the adnexa.

3.  The appropriate laboratory tests, including:

(a)  Urine or blood tests for pregnancy performed before the abortion procedure.

(b)  A test for anemia.

(c)  Rh typing, unless reliable written documentation of blood type is available.

(d)  Other tests as indicated from the physical examination.

4.  An ultrasound evaluation for all patients.  The rules shall require that if a person who is not a physician performs an ultrasound examination, that person shall have documented evidence that the person completed a course in the operation of ultrasound equipment as prescribed in rule.  The physician or other health care professional shall review, at the request of the patient, the ultrasound evaluation results with the patient before the abortion procedure is performed, including the probable gestational age of the fetus.

5.  That the physician is responsible for estimating the gestational age of the fetus based on the ultrasound examination and obstetric standards in keeping with established standards of care regarding the estimation of fetal age as defined in rule and shall write the estimate in the patient's medical history.  The physician shall keep original prints of each ultrasound examination of a patient in the patient's medical history file.

E.  The director shall adopt rules relating to the abortion procedure. At a minimum these rules shall require:

1.  That medical personnel is available to all patients throughout the abortion procedure.

2.  Standards for the safe conduct of abortion procedures that conform to obstetric standards in keeping with established standards of care regarding the estimation of fetal age as defined in rule.

3.  Appropriate use of local anesthesia, analgesia and sedation if ordered by the physician.

4.  The use of appropriate precautions, such as the establishment of intravenous access at least for patients undergoing second or third trimester abortions.

5.  The use of appropriate monitoring of the vital signs and other defined signs and markers of the patient's status throughout the abortion procedure and during the recovery period until the patient's condition is deemed to be stable in the recovery room.

6.  That any medication, drug or other substance used to induce or cause a medication abortion, as defined in section 36-2151, is administered in compliance with the Mifeprex final printing label protocol that is approved by the United States food and drug administration and in effect as of December 31, 2015.

F.  The director shall adopt rules that prescribe minimum recovery room standards.  At a minimum these rules shall require that:

1.  For a surgical abortion, immediate postprocedure care, or care provided after inducing a medication abortion, consists of observation in a supervised recovery room for as long as the patient's condition warrants.

2.  The clinic arrange hospitalization if any complication beyond the management capability of the staff occurs or is suspected.

3.  A licensed health professional who is trained in the management of the recovery area and is capable of providing basic cardiopulmonary resuscitation and related emergency procedures remains on the premises of the abortion clinic until all patients are discharged.

4.  For a surgical abortion, a physician with admitting privileges at a health care institution that is classified by the director as a hospital pursuant to section 36‑405, subsection B and that is within thirty miles of the abortion clinic remains on the premises of the abortion clinic until all patients are stable and are ready to leave the recovery room and to facilitate the transfer of emergency cases if hospitalization of the patient or viable fetus is necessary.  A physician shall sign the discharge order and be readily accessible and available until the last patient is discharged.

5.  A physician discusses RhO(d) immune globulin with each patient for whom it is indicated and assures it is offered to the patient in the immediate postoperative period or that it will be available to her within seventy‑two hours after completion of the abortion procedure.  If the patient refuses, a refusal form approved by the department shall be signed by the patient and a witness and included in the medical record.

6.  Written instructions with regard to postabortion coitus, signs of possible problems and general aftercare are given to each patient.  Each patient shall have specific instructions regarding access to medical care for complications, including a telephone number to call for medical emergencies.

7.  There is a specified minimum length of time that a patient remains in the recovery room by type of abortion procedure and duration of gestation.

8.  The physician assures that a licensed health professional from the abortion clinic makes a good faith effort to contact the patient by telephone, with the patient's consent, within twenty‑four hours after a surgical abortion to assess the patient's recovery.

9.  Equipment and services are located in the recovery room to provide appropriate emergency resuscitative and life support procedures pending the transfer of the patient or viable fetus to the hospital.

G.  The director shall adopt rules that prescribe standards for follow‑up visits.  At a minimum these rules shall require that:

1.  For a surgical abortion, a postabortion medical visit is offered and, if requested, scheduled for three weeks after the abortion, including a medical examination and a review of the results of all laboratory tests. For a medication abortion, the rules shall require that a postabortion medical visit is scheduled between one week and three weeks after the initial dose for a medication abortion to confirm the pregnancy is completely terminated and to assess the degree of bleeding.

2.  A urine pregnancy test is obtained at the time of the follow‑up visit to rule out continuing pregnancy.  If a continuing pregnancy is suspected, the patient shall be evaluated and a physician who performs abortions shall be consulted.

H.  The director shall adopt rules to prescribe minimum abortion clinic incident reporting.  At a minimum these rules shall require that:

1.  The abortion clinic records each incident resulting in a patient's or viable fetus' serious injury occurring at an abortion clinic and shall report them in writing to the department within ten days after the incident. For the purposes of this paragraph, "serious injury" means an injury that occurs at an abortion clinic and that creates a serious risk of substantial impairment of a major body organ and includes any injury or condition that requires ambulance transportation of the patient.

2.  If a patient's death occurs, other than a fetal death properly reported pursuant to law, the abortion clinic reports it to the department not later than the next department work day.

3.  Incident reports are filed with the department and appropriate professional regulatory boards.

I.  The director shall adopt rules relating to enforcement of this article. At a minimum, these rules shall require that:

1.  For an abortion clinic that is not in substantial compliance with this article and the rules adopted pursuant to this article or that is in substantial compliance but refuses to carry out a plan of correction acceptable to the department of any deficiencies that are listed on the department's statement of deficiency, the department may do any of the following:

(a)  Assess a civil penalty pursuant to section 36‑431.01.

(b)  Impose an intermediate sanction pursuant to section 36‑427.

(c)  Suspend or revoke a license pursuant to section 36‑427.

(d)  Deny a license.

(e)  Bring an action for an injunction pursuant to section 36‑430.

2.  In determining the appropriate enforcement action, the department consider the threat to the health, safety and welfare of the abortion clinic's patients or the general public, including:

(a)  Whether the abortion clinic has repeated violations of statutes or rules.

(b)  Whether the abortion clinic has engaged in a pattern of noncompliance.

(c)  The type, severity and number of violations.

J.  The department shall not release personally identifiable patient or physician information.

K.  The rules adopted by the director pursuant to this section do not limit the ability of a physician or other health professional to advise a patient on any health issue. END_STATUTE

Sec. 5.  Section 36-2153, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2153.  Informed consent; requirements; information; website; signs; violation; civil relief; statute of limitations

A.  An abortion shall not be performed or induced without the voluntary and informed consent of the woman on whom the abortion is to be performed or induced.  Except in the case of a medical emergency and in addition to the other requirements of this chapter, consent to an abortion is voluntary and informed only if all of the following are true:

1.  At least twenty‑four hours before the abortion, the physician who is to perform the abortion or the referring physician has informed the woman, orally and in person, of:

(a)  The name of the physician who will perform the abortion.

(b)  The nature of the proposed procedure or treatment.

(c)  The immediate and long-term medical risks associated with the procedure that a reasonable patient would consider material to the decision of whether or not to undergo the abortion.

(d)  Alternatives to the procedure or treatment that a reasonable patient would consider material to the decision of whether or not to undergo the abortion.

(e)  The probable gestational age of the unborn child at the time the abortion is to be performed.

(f)  The probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed.

(g)  The medical risks associated with carrying the child to term.

2.  At least twenty‑four hours before the abortion, the physician who is to perform the abortion, the referring physician or a qualified physician, physician assistant, nurse, psychologist or licensed behavioral health professional to whom the responsibility has been delegated by either physician has informed the woman, orally and in person, that:

(a)  Medical assistance benefits may be available for prenatal care, childbirth and neonatal care.

(b)  The father of the unborn child is liable to assist in the support of the child, even if he has offered to pay for the abortion. In the case of rape or incest, this information may be omitted.

(c)  Public and private agencies and services are available to assist the woman during her pregnancy and after the birth of her child if she chooses not to have an abortion, whether she chooses to keep the child or place the child for adoption.

(d)  It is unlawful for any person to coerce a woman to undergo an abortion.

(e)  The woman is free to withhold or withdraw her consent to the abortion at any time without affecting her right to future care or treatment and without the loss of any state or federally funded benefits to which she might otherwise be entitled.

(f)  The department of health services maintains a website that describes the unborn child and lists the agencies that offer alternatives to abortion.

(g)  The woman has a right to review the website and that a printed copy of the materials on the website will be provided to her free of charge if she chooses to review these materials.

(h)  It may be possible to reverse the effects of a medication abortion if the woman changes her mind but that time is of the essence.

(i)  Information on and assistance with reversing the effects of a medication abortion is available on the department of health services' website.

3.  The information in paragraphs 1 and 2 of this subsection is provided to the woman individually and in a private room to protect her privacy and to ensure that the information focuses on her individual circumstances and that she has adequate opportunity to ask questions.

4.  The woman certifies in writing before the abortion that the information required to be provided pursuant to paragraphs 1 and 2 of this subsection has been provided.

B.  If a woman has taken mifepristone as part of a two‑drug regimen to terminate her pregnancy, has not yet taken the second drug and consults an abortion clinic questioning her decision to terminate her pregnancy or seeking information regarding the health of her fetus or the efficacy of mifepristone alone to terminate a pregnancy, the abortion clinic staff shall inform the woman that the use of mifepristone alone to end a pregnancy is not always effective and that she should immediately consult a physician if she would like more information.

B.  C.  If a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert the woman's death or to avert substantial and irreversible impairment of a major bodily function.

C.  D.  The department of health services shall establish and shall annually update a website that includes a link to a printable version of all materials listed on the website. The materials must be written in an easily understood manner and printed in a typeface that is large enough to be clearly legible.  The website must include all of the following materials:

1.  Information that is organized geographically by location and that is designed to inform the woman about public and private agencies and services that are available to assist a woman through pregnancy, at childbirth and while her child is dependent, including adoption agencies. The materials shall include a comprehensive list of the agencies, a description of the services they offer and the manner in which these agencies may be contacted, including the agencies' telephone numbers and website addresses.

2.  Information on the availability of medical assistance benefits for prenatal care, childbirth and neonatal care.

3.  A statement that it is unlawful for any person to coerce a woman to undergo an abortion.

4.  A statement that any physician who performs an abortion on a woman without obtaining the woman's voluntary and informed consent or without affording her a private medical consultation may be liable to the woman for damages in a civil action.

5.  A statement that the father of a child is liable to assist in the support of that child, even if the father has offered to pay for an abortion, and that the law allows adoptive parents to pay costs of prenatal care, childbirth and neonatal care.

6.  Information that is designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two‑week gestational increments from fertilization to full term, including pictures or drawings representing the development of unborn children at two‑week gestational increments and any relevant information on the possibility of the unborn child's survival.  The pictures or drawings must contain the dimensions of the unborn child and must be realistic and appropriate for each stage of pregnancy.  The information provided pursuant to this paragraph must be objective, nonjudgmental and designed to convey only accurate scientific information about the unborn child at the various gestational ages.

7.  Objective information that describes the methods of abortion procedures commonly employed, the medical risks commonly associated with each procedure, the possible detrimental psychological effects of abortion and the medical risks commonly associated with carrying a child to term.

8.  Information on the potential ability of qualified medical professionals to reverse a medication abortion, including information directing women where to obtain further information and assistance in locating a medical professional who can aid in the reversal of a medication abortion explaining the efficacy of mifepristone taken alone, without a follow‑up drug as part of a two‑drug regimen, to terminate a pregnancy and advising a woman to immediately contact a physician if the woman has taken only mifepristone and questions her decision to terminate her pregnancy or seeks information regarding the health of her fetus.

D.  E.  An individual who is not a physician shall not perform a surgical abortion.

E.  F.  A person shall not write or communicate a prescription for a drug or drugs to induce an abortion or require or obtain payment for a service provided to a patient who has inquired about an abortion or scheduled an abortion until the expiration of the twenty-four‑hour reflection period required by subsection A of this section.

F.  G.  A person shall not intimidate or coerce in any way any person to obtain an abortion. A parent, a guardian or any other person shall not coerce a minor to obtain an abortion.  If a minor is denied financial support by the minor's parents, guardians or custodian due to the minor's refusal to have an abortion performed, the minor is deemed emancipated for the purposes of eligibility for public assistance benefits, except that the emancipated minor may not use these benefits to obtain an abortion.

G.  H.  An abortion clinic as defined in section 36‑449.01 shall conspicuously post signs that are visible to all who enter the abortion clinic, that are clearly readable and that state it is unlawful for any person to force a woman to have an abortion and a woman who is being forced to have an abortion has the right to contact any local or state law enforcement or social service agency to receive protection from any actual or threatened physical, emotional or psychological abuse.  The signs shall be posted in the waiting room, consultation rooms and procedure rooms.

H.  I.  A person shall not require a woman to obtain an abortion as a provision in a contract or as a condition of employment.

I.  J.  A physician who knowingly violates this section commits an act of unprofessional conduct and is subject to license suspension or revocation pursuant to title 32, chapter 13 or 17.

J.  K.  In addition to other remedies available under the common or statutory law of this state, any of the following may file a civil action to obtain appropriate relief for a violation of this section:

1.  A woman on whom an abortion has been performed without her informed consent as required by this section.

2.  The father of the unborn child if the father was married to the mother at the time she received the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct.

3.  The maternal grandparents of the unborn child if the mother was not at least eighteen years of age at the time of the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct.

K.  L.  A civil action filed pursuant to subsection K of this section shall be brought in the superior court in the county in which the woman on whom the abortion was performed resides and may be based on a claim that failure to obtain informed consent was a result of simple negligence, gross negligence, wantonness, wilfulness, intention or any other legal standard of care.  Relief pursuant to subsection K of this section includes the following:

1.  Money damages for all psychological, emotional and physical injuries resulting from the violation of this section.

2.  Statutory damages in an amount equal to five thousand dollars or three times the cost of the abortion, whichever is greater.

3.  Reasonable attorney fees and costs.

L.  M.  A civil action brought pursuant to this section must be initiated within six years after the violation occurred. END_STATUTE

Sec. 6.  Legislative findings

A.  The legislature finds that:

1.  The state of Arizona has a legitimate concern for the public's health and safety. Williamson v. Lee Optical, 348 U.S. 483, 486 (1955); Cohen v. State, 121 Ariz. 6, 10, 588 P.2d 299, 303 (1978).

2.  The state of Arizona "has legitimate interests from the outset of the pregnancy in protecting the health of women." Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 846 (1992); see also Planned Parenthood Arizona, Inc. v. American Ass'n of Pro-Life Obstetricians & Gynecologists, 257 P.3d 181, 194 (Ariz. App. Div. 1, 2011).  More specifically, Arizona "has a legitimate concern with the health of women who undergo abortions."  Akron v. Akron Ctr. for Reproductive Health, Inc., 462 U.S. 416, 428-29 (1983).

3.  The use of mifepristone presents significant medical risks to women, including but not limited to C. sordellii bacterial infection, septic shock, toxic shock syndrome, adult respiratory distress syndrome from sepsis, Escheria coli sepsis, group B Streptococcus septicemia, disseminated intravascular coagulopathy (DIC) with heptic and renal failure, severe pelvic infection and massive hemorrhage.

4.  Abortion-inducing drugs are associated with an increased risk of complications relative to surgical abortion.  The risk of complications increases with increasing gestational age, and, in the instance of mifepristone, with failure to complete the two-step dosage process.

5.  Section 36-449.03, subsection E, paragraph 6, Arizona Revised Statutes, as added by Laws 2012, chapter 250, section 2, is preliminarily enjoined.

6.  Recent developments by the United States food and drug administration have led to expanded limits for the use of abortion‑inducing drugs, specifically in regard to its revised regimen for the use of Mifeprex (mifepristone).

7.  Abortion providers challenging section 36‑2153, subsection A, paragraph 2, subdivisions (h) and (i) and subsection C, paragraph 8, Arizona Revised Statutes, as added by Laws 2015, chapter 87, section 4, admit in court filings that "women can carry to term after taking mifepristone alone", "mifepristone was never approved for use on its own in an abortion, and it is not currently used for such, because it is not sufficiently effective unless used in combination with misoprostol", "mifepristone has never been and is not now considered to be a sufficiently effective abortifacient on its own" and "the range of continuing pregnancies after mifepristone alone may be anywhere from between 20 percent and 80 percent." Supplemental Declaration of Courtney Schreiber, M.D., M.P.H., Case No. CV-15-01022-PHX-SPL, FN 15,  22, 24; Deposition of Courtney A. Schreiber, M.D., 10/1/2015, page 214.

B.  For the reasons prescribed in subsection A of this section, the legislature's purposes in enacting this legislation include:

1.  Resolving pending litigation.

2.  Providing time for the legislature to research and examine how to best protect the health and safety of women who may choose to have a medication abortion.

3.  Ensuring that women who may question their decision to have a medication abortion after taking mifepristone alone are properly informed, consistent with what abortion providers admit in court filings, that the use of mifepristone alone to end a pregnancy is not always effective.

Sec. 7.  Legislative intent

It is the intent of the legislature that the changes made by this act to section 32‑1974, Arizona Revised Statutes, allow families greater access to immunizations and vaccinations, maintain and enhance collaboration between pharmacists and primary care providers and affirm the importance of annual well‑child visits in a medical home during critical developmental ages. This act recognizes the efficiencies and improved outcomes when care is delivered through a medical home where a primary care provider working in collaboration with the family and other providers oversees acute, chronic and preventative health needs in a coordinated and comprehensive fashion.


 

 

 

APPROVED BY THE GOVERNOR MAY 17, 2016.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 17, 2016.