Chapter 0097 - 561R - H Ver of HB2489

House Engrossed

DUI; public safety; technical correction

(now: prescriptions; approval; controlled substance)

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

CHAPTER 97

HOUSE BILL 2489

An Act

amending section 36-2511, Arizona Revised Statutes; amending title 36, chapter 27, article 2, Arizona Revised Statutes, by adding section 36-2517.01; relating to controlled substances.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 36-2511, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2511. Nomenclature

The controlled substances listed or to be listed in the schedules in sections 36-2512, 36-2513, 36-2514, 36-2515, 36-2516, and 36-2517 and 36-2517.01 or the rules adopted pursuant to this article are included by whatever official, common, usual, chemical or trade name designated. END_STATUTE

Sec. 2. Title 36, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 36-2517.01, to read:

START_STATUTE36-2517.01. United States food and drug administration; approved medication; rescheduling

Any compound, mixture or preparation that contains 3, 4-methylenedioxymethamphetamine and that is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration to a schedule other than schedule I of the controlled substances act (21 United States Code sections 801 through 904) is a controlled substance for the purposes of this chapter and may be prescribed in this state. END_STATUTE

Sec. 3. Legislative findings; intent

The legislature finds that roughly five out of every one hundred adults in the United States has post-traumatic stress disorder in any given year. In 2020, approximately thirteen million Americans had post-traumatic stress disorder, including veterans, first responders and survivors of domestic violence, sexual assault and other trauma. People living with post-traumatic stress disorder are in need of new treatment options, and 3, 4-methylenedioxymethamphetamine (MDMA) assisted therapy is showing potential as one of these treatments. If an MDMA medication is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration, it is this legislature's intent that patients have rapid access to this treatment option.

Sec. 4. Conditional enactment; notice

A. This act does not become effective unless on or before January 1, 2026 a 3, 4-methylenedioxymethamphetamine investigational product is newly approved as a prescription medication pursuant to 21 United States Code section 355 and is controlled under a federal interim final rule issued pursuant to 21 United States Code section 811(j) and published in the Federal Register.

B. The executive director of the Arizona state board of pharmacy shall notify in writing the director of the Arizona legislative council on or before February 1, 2026 either:

1. Of the date on which the condition was met.

2. That the condition was not met.

Sec. 5. Short title

This act may be cited as "The PTSD Treatment Act of 2023".