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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: PS DP 5-2-0-0 | Third Read 16-12-2-0-0 |
SB 1538: moving violations; AZPOST-certified officer; prosecutors
S/E: controlled substances; approval; workers' compensation
Sponsor: Senator Payne, LD 27
Committee on Public Safety & Law Enforcement
Summary on the Strike-Everything Amendment to SB 1538
Overview
Requires employers to provide workers' compensation coverage for firefighters and peace officers diagnosed with post-traumatic stress disorder (PTSD). Stipulates workers' compensation coverage may include midomafetamine (MDMA) treatment contingent on approval of MDMA as a treatment for PTSD from the U.S. Food and Drug Administration (FDA), and rescheduling by the U.S. Drug Enforcement Administration (DEA).
History
MDMA is a synthetic drug that has effects similar to stimulants and psychedelics as they also mildly alter visual and time perception. MDMA works by enhancing the body's release of serotonin, dopamine, and norepinephrine, which altogether, likely causes a person to feel more energetic, alert, and with an increased sense of warmth and well-being. Although MDMA is typically sold illicitly, researchers are studying the substance as a treatment for depression and PTSD in supervised clinical research trials. In 2024, an application submitted to the FDA proposed the use of MDMA capsules as a treatment for PTSD but was later declined. Since then, the FDA has designated MDMA as a breakthrough therapy to expedite research for it as a treatment for PTSD, but MDMA still hasn't been approved to treat any medical condition (MDMA, NIDA; FDA Response, 2024).
The DEA classifies drugs, substances and certain chemicals used to make drugs, into five categories or schedules, depending on the drug's acceptable medical use and abuse potential. Schedule I drugs have the highest potential for abuse whereas Schedule V drugs represent the least potential for abuse. The U.S. Controlled Substances Act lists drugs and their associated schedule, but substances are not required to be listed as a controlled substance to be treated as a Schedule I drug for criminal prosecution. The DEA defines a controlled substance analogue to mean a substance with the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II (Drug Scheduling, DEA).
Provisions
Workers' Compensation
1. Requires employers to provide workers' compensation coverage to firefighters and certified peace officers who have been diagnosed with PTSD by a mental health professional and who have an accepted workers' compensation claim for PTSD under statute. (Sec. 1)
2. Stipulates workers' compensation coverage may include one complete course of a treatment protocol of MDMA as prescribed by a psychiatrist, if an independent medical examination deems the treatment protocol to be reasonable and necessary. (Sec. 1)
3. Mandates MDMA, under the Workers' Compensation statutes, to meet the requirements outlined in the Arizona Controlled Substances Act. (Sec. 1)
4. Directs the Industrial Commission of Arizona (ICA) to submit a report to the Joint Legislative Budget Committee of the costs of treatment for MDMA for firefighters and peace officers by January 1, 2029, and each January 1 thereafter. (Sec. 1)
Controlled Substance Classification
5. Classifies, as a controlled substance and allows for prescription in Arizona, any compound, mixture or preparation that contains MDMA and is approved by the FDA and rescheduled by the DEA to a schedule other than Schedule I of the Controlled Substances Act. (Sec. 4)
Conditional Enactment 1
6. Stipulates the FDA must approve the use of MDMA to treat PTSD by January 1, 2029, for firefighters and peace officers to obtain workers' compensation coverage for a treatment protocol of MDMA. (Sec. 5)
7. Instructs the Executive Director of the Arizona State Board of Pharmacy (Board) to notify the Directors of the Arizona Legislative Council and ICA, by February 1, 2029, of whether the FDA approved MDMA as treatment for PTSD. (Sec. 5)
8. Directs the ICA, on notification that MDMA has been approved, to assign reimbursement values in its fees schedule and publish guidelines on billing and reimbursement practices for MDMA. (Sec. 5)
Conditional Enactment 2
9. Stipulates MDMA does not receive a statutory name designation or a controlled substance classification, and cannot be prescribed, unless an MDMA investigational product is newly approved as a prescription medication pursuant to federal law and is controlled under a federal interim rule by January 1, 2029. (Sec. 6)
10. Instructs the Executive Director of the Board to notify the Directors of the Arizona Legislative Council, by February 1, 2029, of whether the MDMA investigational product was approved as a prescription medication. (Sec. 6)
Miscellaneous
11. Defines pertinent terms. (Sec. 1)
12. Makes conforming changes. (Sec. 2, 3)
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16. Initials NM/AI SB 1538
17. 3/19/2026 Page 0 Public Safety & Law Enforcement
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