Assigned to HHS AS
PASSED BY COMMITTEE
Assigned to HHS AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
pharmacists; controlled substances
Purpose
Presumes that an initial prescription for opioids provided to a pharmacist that exceeds the five-day supply limitation, or a new prescription that exceeds the 90-morphine milligram equivalent (MME) per day limitation, is exempt from dosage and supply limitations.
Background
Laws 2018, First Special Session, Chapter 1 limits all initial prescriptions for opioids to a five-day supply, with certain exceptions, including that prescriptions for opioids following surgical procedures are limited to a 14-day supply. Additionally, prescription orders for opioids cannot exceed 90 MMEs per day. The legislation provides exceptions to the 90 MME per day limitation for specified individuals and for continuations of existing prescriptions that were issued within the previous 60 days. If a health professionals determines that a prescription exceeding 90 MMEs is necessary, the health professional is required to consult with an allopathic or osteopathic physician who is board-certified in pain (A.R.S. § 32-3248.01 as added by Laws 2018, First Special Session, Chapter 1, Section 29).
Laws 2018, First Special Session, Chapter 1 also establishes that controlled substances that are directly dispensed by a medical professional or pharmacist and that are not for immediate administration must have a label that includes the name and address of the dispensing medical professional or pharmacist, the name of the patient and directions for use of the controlled substance. Additionally, opioid prescription containers must have a red cap and a Board-prescribed warning label that provides information about opioid addiction.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes that if an initial prescription for opioids that exceeds a 5-day supply or a new prescription that exceeds 90 MMEs per day is provided to a pharmacist it is presumed to meet exemption requirements for dosage and supply limitations.
2. States that a pharmacist is not required to verify with the prescriber whether the initial prescription meets exemption requirements.
3. Authorizes a pharmacy to sell and dispense a schedule II substance that is prescribed by a health professional located in another county in Arizona if the prescription complies with state and federal law.
4. Stipulates that a pharmacist is not required to verify if a medical practitioner has received a waiver from electronic prescription requirements.
5. Authorizes the Board of Pharmacy (Board) or the Executive Director, if delegated, to waive the red cap requirement if implementation is not feasible due to the specific dosage form or packaging type.
6. Becomes effective on the general effective date, retroactive to April 26, 2018.
7. Makes conforming changes.
Amendments Adopted by Committee
· Permits the Board to waive the red cap requirement if implementation is not feasible.
House Action Senate Action
HEALTH 2/15/18 DPA 9-0-0-0 HHS 3/7/18 DPA 7-0-0
3rd Read 2/20/28 59-0-1
Prepared by Senate Research
March 8, 2018
CRS/lat