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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
electronic prescribing; exceptions; definitions
Purpose
An emergency measure that extends the deadline for compliance with electronic prescription requirements for schedule II controlled substances that are opioids (schedule II opioids) to January 1, 2020.
Background
Laws 2018, First Special Session, Chapter 1, also known as the Arizona Opioid Epidemic Act (Act), establishes various requirements and prohibitions for prescribing, administering and dispensing schedule II opioids. Specifically, the Act requires electronic prescribing for schedule II opioids in counties with populations of more than 150,000 beginning January 1, 2019, and requires electronic prescribing for schedule II opioids in counties with populations of less than 150,000 beginning July 1, 2019. Prescription orders provided for medically-assisted treatment are exempt from electronic prescription requirements.
The Act requires the
Board of Pharmacy (Board) to adopt rules and establish a waiver process for
electronic prescription requirements for medical practitioners who lack
adequate access to broadband internet or face other hardships that prevent
compliance. Additionally, the Act directs the Director of the Board to provide
a report to the Governor and the presiding officer in each legislative chamber,
by September 1, 2018, regarding the ability of healthcare providers to access
and use electronic prescribing tools and comply with electronic prescribing
requirements
(A.R.S.
§ 36-2525).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires electronic prescription orders for schedule II opioids in Maricopa, Pima, Pinal, Yavapai, Mohave and Yuma Counties beginning January 1, 2020, rather than January 1, 2019.
2. Requires electronic prescription orders for schedule II opioids in Greenlee, La Paz, Graham, Santa Cruz, Gila, Apache, Navajo, Cochise and Coconino Counties beginning January 1, 2020, rather than July 1, 2019.
3. Permits a pharmacist to dispense a written prescription order for a schedule II opioid if the order indicates that the medical practitioner provided care for the patient in a Veterans Administration Facility, a health facility on a military base, an Indian health services hospital or facility, or a tribal-owned clinic.
4. Permits a medical practitioner or their agent to transmit a prescription order for a schedule II controlled substance to a pharmacy by fax if the prescription order is for a patient being discharged from a hospital to another licensed healthcare institution.
5. Authorizes a medical practitioner to write or issue an oral prescription order for a schedule II controlled substance in emergency situations during any time-period in which an established electronic prescribing system is not operational or available in a timely manner.
6. Requires that a medical practitioner indicate on the written prescription order that the electronic prescribing system is not operational or available.
7. Requires a medical practitioner to maintain a record of when the electronic prescribing system is not operational or available.
8. Removes the requirement that the Board adopt rules and establish a waiver process for medical practitioners who lack adequate access to broadband internet or face other hardships that prevent compliance with electronic prescription requirements.
9. Permits the Board to prescribe rules that provide exceptions to electronic prescribing requirements for pharmacists and medical practitioners.
10. Makes technical and conforming changes.
11. Becomes effective on signature of the Governor, if the emergency clause is enacted, retroactive to December 31, 2019.
Prepared by Senate Research
January 28, 2019
CRS/kja