Assigned to HHS                                                                                                                     FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2434

 

controlled substances prescription monitoring program

Purpose

Modifies requirements related to the Controlled Substances Prescription Monitoring Program (CSPMP), including reporting, data submission, prescriber utilization, confidentiality and program administration requirements.

Background

The Arizona State Board of Pharmacy (Board) regulates the CSPMP. The CSPMP 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 medical practitioner or by a pharmacy that holds a valid license or permit. This information assists healthcare providers in making better-informed care decisions when treating patients. The CSPMP also helps prevent the diversion and misuse of controlled substances at the provider, pharmacy and patient levels (Board; A.R.S. § 36-2602).

Statute requires the Board to appoint a CSPMP Task Force to: 1) help administer the computerized central database tracking system; 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) consult with regarding recommendations for exceptions to 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 (AHCCCS);
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).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Removes the requirement that the CSPMP's database tracking system track consumption of controlled substances.

2.   Replaces affidavits with search warrants in the list of records the Board must maintain for two years for purposes of open law enforcement investigations.

3.   Replaces the Board's CSPMP Task Force with a Compliance Workgroup to identify potential noncompliance with the requirement to use CSPMP requirement

4.   Aligns the membership of the Compliance Workgroup with the CSPMP Task force, except for:

a)   representatives of state and federal agencies with an interest in controlled substances;

b)   criminal prosecutors; and

c)   representatives of a health information organization in Arizona.

5.   Modifies the requirement that the Board ensure the privacy and confidentiality of information collected, recorded and transmitted through the CSPMP to apply to all dispensing data, rather than only patient information.

6.   Requires AHCCCS, an AHCCCS contractor or a health care insurer to attest, rather than state in writing, that requested information is necessary for an open investigation, complaint or drug utilization review.

7.   Modifies the definition of delegate to include pharmacy technician trainees, pharmacy technicians and pharmacy interns who are employed by, rather than work in a facility with, a pharmacy or hospital of the dispenser.

8.   Removes the Board's authority to issue a replacement CSPMP registration.

9.   Requires a medical practitioner to obtain a 12-month patient utilization report from the CSPMP before prescribing an opioid analgesic or benzodiazepine and before any subsequent refill, rather than at the beginning of each new course of treatment and at least quarterly throughout treatment.

10.  Removes the authority for a medical practitioner to receive a waiver from CSPMP utilization report requirements due to technological limitations or other exceptional circumstances.

11.  Subjects pharmacies to CSPMP reporting requirements.

12.  Beginning July 1, 2027, requires medical practitioners and pharmacies to report the date a prescription was filled and the date a prescription was sold to the ultimate user or the user’s agent.

13.  Requires dispensers to use the state’s data submission guide to report required information to the CSPMP, rather than the standard implementation guide published by the American Society for Automation in Pharmacy.

14.  Requires information required to be reported to the CSPMP to be submitted within one business day after the prescription was sold, including reporting zero transactions if there is no information to report.

15.  Removes the authority for a dispenser to request a waiver from electronic reporting requirements and submit data manually.

16.  Removes the Board’s authority to prescribe a prescription form for use in prescribing controlled substances to facilitate reporting requirements.

17.  Makes technical and conforming changes.

18.  Becomes effective on the general effective date.

House Action

HHS                2/19/26      DPA    12-0-0-0

3rd Read          3/10/26                  55-0-4-0-1

Prepared by Senate Research

March 23, 2026

MM/hk