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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
controlled substances monitoring; search warrants
Purpose
Requires law enforcement and criminal justice agencies to provide a valid search warrant in order to access Controlled Substances Prescription Monitoring Program (CSPMP) data from the State Board of Pharmacy (Board).
Background
The CSPMP is operated, monitored and maintained by the Board and includes a computerized central database tracking system to track the prescribing, dispensing and consumption of schedule II, III, IV and V controlled substances that are dispensed by a licensed or permitted medical practitioner or pharmacy. The database must include data from the Department of Health Services that identifies Arizona residents who possess a registry identification card and must not interfere with the legal use of a controlled substance for managing severe or intractable pain. The CSPMP is used to assist law enforcement to identify illegal activity related to prescribing, dispensing and consuming schedule II, III, IV and V controlled substances and provides information to patients, medical practitioners and pharmacists to help avoid the inappropriate use of such substances (A.R.S. § 36-2602).
Current statute allows the Board to release CSPMP data to a local, state or federal law enforcement or criminal justice agency upon Board suspicion of illegal conduct, or if the agency provides in writing that access to the data is necessary as part of an open investigation or complaint (A.R.S. § 36-2604).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions:
1. Limits the Board's ability to release CSPMP data to a law enforcement or criminal justice agency to only circumstances in which the agency has a valid search warrant and is using the information for an open investigation or complaint.
2. Removes the requirement that the Board provide evidence of unprofessional conduct of a physician, upon review of CSPMP data, to a law enforcement or criminal justice agency.
3. Makes a conforming change.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2022
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