|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: HHS DPA 12-0-0-0 |
HB2434: controlled substances prescription monitoring program
Sponsor: Representative Bliss, LD 1
Caucus & COW
Overview
Updates requirements relating to the Controlled Substances Prescription Monitoring Program (CSPMP). Repurposes the CSPMP taskforce into a Compliance Workgroup to identify potential noncompliance with the requirement to use the CSPMP.
History
The Arizona State Board of Pharmacy (Board) operates and monitors the Controlled Substances Prescription Monitoring Program (CSPMP). Statute requires licensed prescribers and dispensers to register with the CSPMP and review a patient's profile in the CSPMP database prior to prescribing or dispensing controlled substances. Additionally, pharmacies and dispensing medical practitioners are required to report certain information to the CSPMP about certain controlled substances dispensed to individuals.
The CSPMP program includes a computerized central database tracking system to track the prescribing, dispensing and consumption of schedule II, III, IV and V controlled substances dispensed from a medical practitioner or a pharmacy that holds a valid license or permit. The database includes data from the Department of Health Services that identifies Arizona residents who possess a registry identification card issued. The tracking system does not interfere with the legal use of a controlled substance for managing severe or intractable pain (A.R.S. § 36-2602).
The Board is required to appoint a Task Force to: 1) help it administer the CSPMP; 2) identify educational outreach and support services to advance medical practitioners' adoption of electronic prescribing of schedule II-controlled substances and pharmacy implementation of specific prescription orders; and 3) to consult on recommendations for exceptions to statutory electronic prescribing requirements.
The Task Force includes: 1) pharmacists, medical practitioners and other licensed health care providers; 2) representatives of professional societies and associations for pharmacists, medical practitioners and other license health care providers; 3) representatives of professional licensing boards; 4) representatives of the Arizona Health Care Cost Containment System; 5) representatives of state and federal agencies that have an interest in controlling controlled substances; 6) criminal prosecutors; and 7) representatives of a health information organization in Arizona (A.R.S. § 36-2603).
Provisions
2. Removes the following members from the Compliance Workgroup:
a. representatives of state and federal agencies that have an interest in controlling controlled substances;
b. representatives of an Arizona health information organization; and
c. criminal prosecutors. (Sec. 3)
3. Requires the Board to establish procedures to ensure that the privacy and confidentiality of all dispensing data, rather than just patient data, is collected, recorded and transmitted and not disclosed unless otherwise specified. (Sec. 4)
4. Allows the Board to provide CSPMP data to public or private entities for statistical, research or educational purposes after removing any personal identifying information for a board-determined fee. (Sec. 4)
5. Removes the Board's ability to issue a replacement CSPMP registration to a registrant who requests a replacement because the original was damaged or destroyed, because of a change of name or for any other good cause as prescribed by the Board. (Sec. 5)
6. Specifies that a registered pharmacy technician trainee, licensed pharmacy technician or licensed pharmacy intern who is employed by a pharmacy or hospital of a dispenser meets the definition of a delegate as is relates to the release of CSPMP data. (Sec. 4)
7. Requires a medical practitioner, before prescribing an opioid analgesic or benzodiazepine-controlled substance listed in schedule II, III or IV for a patient, to obtain a patient utilization report regarding the patient for the preceding 12 months from the CSPMP before issuing a prescription and before prescribing any subsequent refill of that prescription. (Sec. 5)
8. Requires the medical practitioner's regulatory board to notify the medical practitioners licensed by that Board of the CSPMP mandatory use requirements. (Sec. 5)
9. Requires prescribers with an Arizona address on their Drug Enforcement Administration registration to register with the Board to access the CSPMP. (Sec. 5)
10. Adds pharmacies to the current CSPMP reporting requirements. (Sec. 6)
11. Adds that a medical practitioner, pharmacy or health care pharmacy must report the date a prescription:
a. was filled; and
b. was sold to the ultimate user or the ultimate user's agent. (Sec. 6)
12. Requires a dispenser to use the latest version of the Arizona Data Submission Guide. (Sec. 6)
13. Requires reporters to submit the required information to the CSPMP within one business day after the data the prescription was sold. (Sec. 6)
14. Requires reports to report zero as a transaction to the CSPMP if there is no information to report. (Sec. 6)
15. Removes paper forms, waivers and other reporting options relating to the CSPMP. (Sec. 6)
16. Removes the ability for the Board to prescribe a prescription form to be used in prescribing a schedule II, II, IV OR V controlled substance if the board determines that this would facilitate the CSPMP reporting requirements. (Sec. 6)
17. Requires the Board to maintain search warrants for two years, rather than affidavits, for the purpose of an open investigation by law enforcement. (Sec. 2)
18. Removes reference to tracking consumption of controlled substances as it relates to the CSPMP. (Sec. 2)
19. Makes technical and conforming changes. (Sec. 1-6)
Amendments
Committee on Health & Human Services
1. Sets the date prescribers and dispensers must report the date a prescription was filled and sold beginning July 1, 2027.
2.
3.
4. ---------- DOCUMENT FOOTER ---------
5. Initials AG HB 2434
6. 1/23/2026 Page 0 Caucus & COW
7.
8. ---------- DOCUMENT FOOTER ---------