controlled substances prescription monitoring program

HB2434 - 572R - H Ver

House Engrossed

controlled substances
prescription monitoring program

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2434

AN
ACT

Amending sections 36-2525, 36-2602,
36-2603, 36-2604, 36-2606 and 36-2608, Arizona Revised
Statutes; relating to the controlled substances prescription monitoring
program.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section
1.
1. Section
36-2525, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2525.

Prescription orders; labels; recordkeeping; definition

A. In addition to the requirements of section 32-1968
pertaining to prescription orders for prescription-only drugs, the
prescription order for a controlled substance shall bear the name, address and
federal registration number of the prescriber. A prescription order
for a schedule II controlled substance drug other than a hospital drug order
for a hospital inpatient shall contain only one drug order per prescription
blank. If authorized verbally by the prescriber, the pharmacist may
make changes to a written or electronic schedule II controlled substance
prescription order, except for any of the following:

1. The patient's name.

2. The prescriber's name.

3. The drug name.

B. The pharmacist must document on the original prescription
order the changes that were made pursuant to the verbal authorization and
record the time and date the authorization was granted.

C. A person who is registered to dispense controlled
substances under this chapter must keep and maintain prescription orders for
controlled substances as follows:

1. Prescription orders for controlled substances
listed in schedules I and II must be maintained in a separate prescription file
for controlled substances listed in schedules I and II only.

2. Prescription orders for controlled substances
listed in schedules III, IV and V must be maintained either in a separate
prescription file for controlled substances listed in schedules III, IV and V
only or in a form that allows them to be readily retrievable from the other
prescription records of the registrant. For the purposes of this
paragraph, "readily retrievable" means that, when the prescription is
initially filed, the face of the prescription is stamped in red ink in the
lower right corner with the letter "C" in a font that is at least one
inch high and that the prescription is filed in the usual consecutively
numbered prescription file for noncontrolled substance prescriptions. The
requirement to stamp the hard copy prescription with a red "C" is
waived if a registrant employs an electronic data processing system or other
electronic recordkeeping system for prescriptions that allows identification by
prescription number and retrieval of original documents by the prescriber's
name, patient's name, drug dispensed and date filled.

D. Except in emergency situations in conformity with
subsection E of this section, under the conditions specified in subsections F
and G of this section or when dispensed directly by a medical practitioner to
an ultimate user, a controlled substance in schedule II shall not be dispensed
without either the written prescription order in ink or indelible pencil or
typewritten and manually signed by the medical practitioner or an electronic
prescription order as prescribed by federal law or regulation. A
schedule II controlled substance that is an opioid may be dispensed only with
an electronic prescription order as prescribed by federal law or
regulation. A prescription order for a schedule II controlled
substance shall not be dispensed more than ninety days after the date on which
the prescription order was issued. Notwithstanding any other
provision of this section, a pharmacy may sell and dispense a schedule II
controlled substance prescribed by a medical practitioner who is located in
another state if the prescription was issued to the patient according to and in
compliance with the applicable laws of the state of the prescribing medical
practitioner and federal law. A prescription order for a schedule II
controlled substance shall not be refilled.� A pharmacist is not in
violation of this subsection and may dispense a prescription order in the
following circumstances:

1. During any time period in which an established
electronic prescribing system or a pharmacy management system is not
operational or available in a timely manner. If the electronic
prescribing system or a pharmacy management system is not operational or
available, the pharmacist may dispense a prescription order that is written for
a schedule II controlled substance that is an opioid. The pharmacist
must maintain a record, for a period of time prescribed by the board, of when
the electronic prescribing system or pharmacy management system is not
operational or available in a timely manner.

2. The prescription order for a schedule II
controlled substance that is an opioid is in writing and indicates that the
medical practitioner who issued the prescription order provided care for the
patient in a veterans administration facility, a health facility on a military
base, an Indian health services hospital or other Indian health service
facility, or a tribal-owned clinic.

E. In emergency situations, emergency quantities of
schedule II controlled substances may be dispensed on an oral prescription
order of a medical practitioner. Such an emergency prescription
order shall be immediately reduced to writing by the pharmacist and shall
contain all the information required for schedule II controlled substances
except for the manual signing of the order by the medical practitioner. Within
seven days after authorizing an emergency oral prescription order, the
prescribing medical practitioner shall cause a written prescription order
manually signed for the emergency quantity prescribed to be delivered to the
dispensing pharmacist or an electronic prescription order to be transmitted to
the dispensing pharmacist. In addition to conforming to other
requirements for prescription orders for schedule II controlled substances, the
prescription order shall indicate electronically or have written on its face
"authorization for emergency dispensing" and the date of the oral
order. If the prescribing medical practitioner fails to deliver such
an emergency prescription order within seven days in conformance with board
rules, the pharmacist shall notify the board. Failure of the pharmacist to
notify the board voids the authority conferred by this subsection to dispense
without a prescription order of a medical practitioner that is electronic or
that is written and manually signed.

F. Notwithstanding subsections D and N of this
section, a patient's medical practitioner or the medical practitioner's agent
may transmit to a pharmacy by fax a prescription order written for a schedule
II controlled substance, including opioids, if the prescription order is any of
the following:

1. To be compounded for the direct administration to
a patient by parenteral, intravenous, intramuscular, subcutaneous or
intraspinal infusion.

2. For a resident of a long-term care facility.

3. For a patient who is enrolled in a hospice care
program that is certified or paid for by medicare under title XVIII or a
hospice program that is licensed by this state. The medical
practitioner or the medical practitioner's agent must note on the prescription
that the patient is a hospice patient.

G. A fax transmitted pursuant to subsection F of
this section is the original written prescription order for purposes of this
section and must be maintained as required by subsection C of this section.

H. Except when dispensed directly by a medical
practitioner to an ultimate user, a controlled substance included in schedule
III or IV that requires a prescription order as determined under state or
federal laws shall not be dispensed without a written or oral prescription
order of a medical practitioner

or an electronic
prescription order as prescribed by federal law or regulation. The
prescription order shall not be filled or refilled more than six months after
the date on which the prescription order was issued. A prescription
order authorized to be refilled shall not be refilled more than five times. Additional
quantities may only be authorized by the prescribing medical practitioner
through issuance of a new prescription order that shall be treated by the
pharmacist as a new and separate prescription order.

I. Except when dispensed directly by a medical
practitioner to an ultimate user, a controlled substance that is included in
schedule V and that requires a prescription order as determined under state or
federal laws shall not be dispensed without a written or oral prescription
order of a medical practitioner. The prescription order may be
refilled as authorized by the prescribing medical practitioner but shall not be
filled or refilled more than one year after the date of issuance.

J. A controlled substance that is listed in schedule
III, IV or V and that does not require a prescription order as determined under
state or federal laws may be dispensed at retail by a pharmacist or a pharmacy
intern under the pharmacist's supervision without a prescription order to a
purchaser who is at least eighteen years of age if all of the following are
true:

1. It is for a legitimate medical purpose.

2. Not more than two hundred forty cubic centimeters
(eight ounces) of any such controlled substance containing opium, nor more than
one hundred twenty cubic centimeters (four ounces) of any other such controlled
substance, nor more than forty-eight dosage units of any such controlled
substance containing opium, nor more than twenty-four dosage units of any
other controlled substance may be dispensed at retail to the same purchaser in
any given forty-eight-hour period.

3. Not more than one hundred dosage units of any
single active ingredient ephedrine preparation may be sold, offered for sale,
bartered or given away to any one person in any one thirty-day period.

4. The pharmacist or pharmacy intern requires every
purchaser of a controlled substance under this subsection who is not known to
that person to furnish suitable identification, including proof of age if
appropriate.

5. A bound record book for dispensing controlled
substances under this subsection is maintained by the pharmacist and contains
the name and address of the purchaser, the name and quantity of the controlled
substance purchased, the date of each purchase and the name or initials of the
pharmacist or pharmacy intern who dispensed the substance to the
purchaser. The book shall be maintained in conformity with the
recordkeeping requirements of section 36-2523.

K. In the absence of a law requiring a prescription
for a schedule V controlled substance, the board, by rules, may require,
or remove the requirement of, a prescription order for a schedule V controlled
substance.

L. The label on a container of a controlled
substance that is directly dispensed by a medical practitioner or pharmacist
and that is not for the immediate administration to the ultimate user, such as
a bed patient in a hospital, shall bear the name and address of the dispensing
medical practitioner or pharmacist, the serial number, the date of dispensing,
the name of the prescriber, the name of the patient or, if an animal, the name
of the owner of the animal and the species of the animal, the directions for
use and cautionary statements, if any, contained in the prescription order or
required by law. If the controlled substance is included in schedule II, III or
IV, the label shall bear a transfer warning to the effect:
"Caution: federal law prohibits the transfer of this drug to
any person other than the patient for whom it was prescribed". The
container of a schedule II controlled substance that is an opioid that is
directly dispensed by a pharmacist and that is not for the immediate
administration to the ultimate user shall have a warning label prescribed by
the board about potential addiction.

M. Controlled substances in schedules II, III, IV
and V may be dispensed as electronically transmitted prescriptions if the
prescribing medical practitioner is all of the following:

1. Properly registered by the United States drug
enforcement administration.

2. Licensed in good standing in the United States
jurisdiction in which the medical practitioner practices.

3. Authorized to issue such prescriptions in the
jurisdiction in which the medical practitioner is licensed.

N. Notwithstanding any other provision of this
section, each prescription order, except a prescription order under subsection
F of this section, that is issued by a medical practitioner for a schedule II
controlled substance that is an opioid shall be transmitted electronically to
the dispensing pharmacy. A medical practitioner is not in violation of this
subsection:

1. During any time in which an established
electronic prescribing system or a pharmacy management system is not operational
or available in a timely manner. If the electronic prescribing
system or a pharmacy management system is not operational or available, the
medical practitioner may write a prescription order for a schedule II
controlled substance that is an opioid. The medical practitioner
shall indicate on the written prescription order that the electronic
prescribing system or pharmacy management system is not operational or
available. The medical practitioner must maintain a record, for a
period of time prescribed by the board, of when the electronic prescribing
system or pharmacy management system is not operational or available in a
timely manner.

2. If the medical practitioner writes a prescription
order for a schedule II controlled substance that is an opioid that will be
dispensed for the patient from a veterans administration facility, a health
facility on a military base, an Indian health services hospital or other Indian
health service facility, or a tribal-owned clinic.

O. The requirement in subsections D and N of this
section for an electronic prescription order does not apply to a prescription
order for a schedule II controlled substance that is an opioid that is issued
for medication-assisted treatment for a substance use disorder.

P. The board, by rule, may provide additional
requirements for prescribing and dispensing controlled substances.

Q. In consultation with the
task force
compliance workgroup
established pursuant to section 36-2603,
the board may prescribe by rule additional exceptions to the electronic
prescribing requirements specified in this section for both pharmacists and
medical practitioners.

R. Notwithstanding subsections D and N of this
section, a medical practitioner who is licensed pursuant to title 32, chapter
21 is not required to comply with the electronic prescribing requirements of
subsections D and N of this section until the Arizona state veterinary medical
examining board determines that electronic prescribing software is widely
available for veterinarians and notifies the Arizona state board of pharmacy of
that determination.

S. For the purposes of this section,
"medication-assisted treatment" has the same meaning prescribed
in section 32-3201.01.
END_STATUTE

Sec.
2.
2. Section
36-2602, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2602.

Controlled substances prescription monitoring program; contracts;
retention and maintenance of records

A. The board shall adopt rules to establish a
controlled substances prescription monitoring program. The program shall:

1. Be operated, monitored and maintained by the
board.

2. Be staffed by the board.

3. Include a computerized central database tracking
system to track the prescribing
,
and

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 issued pursuant to title 32. The
database shall include data from the department of health services that
identifies residents of this state who possess a registry identification card
issued pursuant to chapter 28.1 of this title. The tracking system
shall not interfere with the legal use of a controlled substance for managing
severe or intractable pain.

4. Assist law enforcement to identify illegal
activity related to prescribing
,
and

dispensing
and consuming
schedule II, III, IV and V
controlled substances.

5. Provide information to patients, medical
practitioners and pharmacists to help avoid the inappropriate use of schedule
II, III, IV and V controlled substances.

6. Be designed to minimize inconvenience to
patients, prescribing medical practitioners and pharmacies while effectuating
the collection and storage of information.

B. The board may enter into private or public
contracts, including intergovernmental agreements pursuant to title 11, chapter
7, article 3, to ensure the effective operation of the program. Each
contractor must comply with the confidentiality requirements prescribed in this
article and is subject to the criminal penalties prescribed in section 36-2610.

C. The board shall maintain the following records
for the following periods of time:

1. A record of dispensing a controlled substance for
seven years after the date the controlled substance was dispensed.

2.
Affidavits

Search warrants
for the purpose of an open investigation by law
enforcement for two years.

3. Court orders requesting medical record
information in the program for two years.

4. A patient's request of the patient's own
prescription history for two years.

5. A prescriber report for two years.
END_STATUTE

Sec.
3.
3. Section
36-2603, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2603.

Compliance workgroup; membership; duties

A. The board shall appoint a
task
force to help it administer the computerized central database tracking system,
to identify educational, outreach and support services to advance medical
practitioners' adoption of electronic prescribing of schedule II controlled
substances and pharmacy implementation of section 36-2525 and to consult
with regarding recommendations for exceptions to the electronic prescribing
requirements prescribed in section 36-2525

compliance workgroup to identify potential noncompliance with the requirement
to use the controlled substances prescription monitoring program
. The
chairperson of the board shall
chair
serve
as chairperson of
the
task force

workgroup
. The
task force

workgroup
shall include the following members:

1. Pharmacists, medical practitioners and other
licensed health care providers.

2. Representatives of professional societies and
associations for pharmacists, medical practitioners and other licensed health
care providers.

3. Representatives of professional licensing boards.

4. Representatives of the Arizona health care cost
containment system administration.

5. Representatives of state and
federal agencies that have an interest in controlling controlled substances.

6. Criminal prosecutors.

7. Representatives of a health
information organization in this state.

B. The
task force
workgroup
shall meet to establish the procedures and
conditions relating to the release of prescription information pursuant to
section 36-2604. The
task force

workgroup
shall meet at least once each year and at the call of
the chairperson.

C.
Task force

Workgroup

members serve at the pleasure of the board and are not eligible to
receive compensation or reimbursement of expenses.
END_STATUTE

Sec.
4.
4. Section
36-2604, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2604.

Use and release of confidential information; definitions

A. Except as otherwise provided in this section,
prescription information submitted to the board pursuant to this article is
confidential and is not subject to public inspection. The board
shall establish procedures to ensure
that
the privacy and
confidentiality of
patients and that patient information
all dispensing data
that is collected, recorded and
transmitted pursuant to this article is not disclosed except as prescribed in
this section.

B. The board or its designee shall review the
prescription information collected pursuant to this article. If the
board or its designee has reason to believe an act of unprofessional or illegal
conduct has occurred, the board or its designee shall notify the appropriate
professional licensing board. The board may delegate the duties
prescribed in this subsection to the executive director pursuant to section 32-1904.

C. The board may release data collected by the
program to the following:

1. A person who is authorized to prescribe or
dispense controlled substances, or a delegate who is authorized by the
prescriber or dispenser, to assist that person to provide medical or
pharmaceutical care to a patient or to evaluate a patient or to assist with or
verify compliance with the requirements of this chapter, the rules adopted
pursuant to this chapter and the rules adopted by the department of health
services to reduce opioid overdose and death.

2. An individual who requests the individual's own
prescription monitoring information pursuant to section 12-2293.

3. A medical practitioner regulatory board
established pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 25 or
29.

4. A local, state or federal law enforcement or
criminal justice agency. The board shall provide this information
only if the requesting agency has a valid search warrant and is using the
information for an open investigation or complaint.

5. The Arizona health care cost containment system
administration and contractors regarding persons who are receiving services
pursuant to chapters 29 and 34 of this title or title XVIII of the social
security act. Except as required pursuant to subsection B of this
section, the board shall provide this information only if the administration or
a contractor
states in writing
attests

that the information is necessary for an open investigation or complaint or for
performing a drug utilization review for controlled substances that supports
the prevention of opioid overuse or abuse and the safety and quality of care
provided to the member.

6. A health care insurer. Except as
required pursuant to subsection B of this section, the board shall provide this
information only if the health care insurer
states in writing
attests
that the information is necessary for an open
investigation or complaint or for performing a drug utilization review for
controlled substances that supports the prevention of opioid overuse or abuse
and the safety and quality of care provided to the insured.

7. A person who is serving a lawful order of a court
of competent jurisdiction.

8. A person who is authorized to prescribe or
dispense controlled substances and who performs an evaluation on an individual
pursuant to section 23-1026.

9. A county medical examiner or alternate medical
examiner who is directing an investigation into the circumstances surrounding a
death as described in section 11-593 or a delegate who is authorized by
the county medical examiner or alternate medical examiner.

10. The department of health services regarding
persons who are receiving or prescribing controlled substances in order to
implement a public health response to address opioid overuse or abuse,
including a review pursuant to section 36-198. Except as
required pursuant to subsection B of this section, the board shall provide this
information only if the department states in writing that the information is
necessary to implement a public health response to help combat opioid overuse
or abuse.

D. Data provided by the board pursuant to this
section may not be used for any of the following:

1. Credentialing health care professionals.

2. Determining payment.

3. Preemployment screening.

4. Any purpose other than as specified in this
section.

E. For a fee determined by the board, the board may
provide data to public or private entities for statistical, research or
educational purposes after removing
any personal identifying
information

that could be used to identify individual patients or persons who
received prescriptions from dispensers
.

F. Any employee of the administration, a contractor
or a health care insurer who is assigned delegate access to the program shall
operate under the authority and responsibility of the administration's,
contractor's or health care insurer's chief medical officer or other employee
who is a licensed health care professional and who is authorized to prescribe
or dispense controlled substances. A delegate of the administration,
a contractor or a health care insurer shall hold a valid license or
certification issued pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17,
18, 19.1, 25, 29 or 33 as a condition of being assigned and provided delegate
access to the program by the board. Each employee of the
administration, a contractor or a health care insurer who is a licensed health
care professional and who is authorized to prescribe or dispense controlled
substances may authorize not more than ten delegates.

G. If, after reviewing the information provided
pursuant to subsection C, paragraph 4 of this section, an investigator finds no
evidence of a statutory crime but suspects a medical practitioner of
prescribing controlled substances inappropriately in manner or amount, the
investigator may refer the medical practitioner to the relevant professional
licensing board for investigation of possible deviation from the standard of
care but may not arrest or otherwise undertake criminal proceedings against the
medical practitioner.

H. A person who is authorized to prescribe or
dispense controlled substances or the chief medical officer or other licensed
health care professional of the administration, a contractor or a health care
insurer who is authorized to prescribe or dispense controlled substances shall
deactivate a delegate within five business days after an employment status
change, the request of the delegate or the inappropriate use of the controlled
substances prescription monitoring program's central database tracking system.

I. For the purposes of this section:

1. "Administration" and
"contractor" have the same meanings prescribed in section 36-2901.

2. "Delegate" means any of the following:

(a) A licensed health care professional who is
employed
in
by
the office of or
in
by
a hospital with the prescriber or
dispenser.

(b) An unlicensed medical records technician,
medical assistant or office manager who is employed
in
by
the office of or
in
by

a hospital with the prescriber or dispenser and who has received training
regarding both the health insurance portability and accountability act privacy
standards (45 Code of Federal Regulations part 164, subpart E) and
security standards (45 Code of Federal Regulations part 164, subpart C).

(c) A forensic pathologist, medical death
investigator or other qualified person who is assigned duties in connection
with a death investigation pursuant to section 11-594.

(d) A registered pharmacy technician trainee,
licensed pharmacy technician or licensed pharmacy intern who
works
in a facility with

is employed by the pharmacy of or by a
hospital of
the dispenser
in this state
.

(e) Any employee of the administration, a contractor
or a health care insurer who is authorized by the administration's,
contractor's or health care insurer's chief medical officer or other licensed
health care professional who is authorized to prescribe or dispense controlled
substances.

3. "Health care insurer" has the same
meaning prescribed in section 20-3151.
END_STATUTE

Sec.
5.
5. Section
36-2606, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2606.

Registration; access; requirements; mandatory use; annual user satisfaction
survey; report; definitions

A. A medical practitioner regulatory board shall
notify each medical practitioner who receives an initial or renewal license and
who intends to apply for registration or has an active registration under the
controlled substances act (21 United States Code sections 801 through 904)
with an address in this state
of the medical practitioner's
responsibility to register with the Arizona state board of pharmacy and be
granted access to the controlled substances prescription monitoring program's
central database tracking system. The Arizona state board of
pharmacy shall provide access to the central database tracking system to each
medical practitioner who has a valid license pursuant to title 32 and who
possesses
an Arizona
a
registration
under the controlled substances act (21 United States Code sections 801 through
904)
with an address in this state
. The
Arizona state board of pharmacy shall notify each pharmacist of the
pharmacist's responsibility to register with the Arizona state board of
pharmacy and be granted access to the controlled substances prescription
monitoring program's central database tracking system. The Arizona
state board of pharmacy shall provide access to the central database tracking
system to each pharmacist who has a valid license pursuant to title 32, chapter
18 and who is employed by either:

1. A facility that has a valid United States drug
enforcement administration registration number.

2. The administration, a contractor or a health care
insurer and who has a national provider identifier number.

B. The registration is:

1. Valid in conjunction with a valid United States
drug enforcement administration registration number and a valid license issued
by a medical practitioner regulatory board established pursuant to title 32,
chapter 7, 11, 13, 14, 15, 16, 17, 25 or 29.

2. Valid in conjunction with a valid license issued
by the Arizona state board of pharmacy for a pharmacist who is employed by
either:

(a) A facility that has a valid United States drug
enforcement administration registration number.

(b) The administration, a contractor or a health
care insurer and who has a national provider identifier number.

3. Not transferable or assignable.

C. An applicant for registration pursuant to this
section must apply as prescribed by the board.

D. Pursuant to a fee prescribed by the
board by rule, the board may issue a replacement 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.

E.
D.
A
person who is authorized to access the controlled substances prescription
monitoring program's central database tracking system may do so using only that
person's assigned identifier and may not use the assigned identifier of another
person.

F.
E.

Beginning the later of October 1, 2017 or sixty days after the
statewide health information exchange has integrated the controlled substances
prescription monitoring program data into the exchange,
A medical
practitioner, before prescribing an opioid analgesic or benzodiazepine
controlled substance listed in schedule II, III or IV for a patient, shall
obtain a patient utilization report regarding the patient for the preceding
twelve months from the controlled substances prescription monitoring program's
central database tracking system
at the beginning of each new
course of treatment and at least quarterly while that prescription remains a
part of the treatment
before issuing a prescription and
before prescribing any subsequent refill of that prescription
. Each
medical practitioner regulatory board shall notify the medical practitioners
licensed by that board of the
applicable date. A medical
practitioner may be granted a one-year waiver from the requirement in
this subsection due to technological limitations that are not reasonably within
the control of the practitioner or other exceptional circumstances demonstrated
by the practitioner, pursuant to a process established by rule by the Arizona
state board of pharmacy

mandatory
use REQUIREMENTS outlined in this subsection
.

G.
F.
Before
a pharmacist dispenses or before a pharmacy technician or pharmacy intern of a
remote dispensing site pharmacy dispenses a schedule II controlled substance, a
dispenser shall obtain a patient utilization report regarding the patient for
the preceding twelve months from the controlled substances prescription
monitoring program's central database tracking system
at the
beginning of each new course of treatment
.

H.
G.
The
medical practitioner or dispenser is not required to obtain a patient
utilization report from the central database tracking system pursuant to
subsection
F

E
of this section
if any of the following applies:

1. The patient is receiving hospice care or
palliative care for a serious or chronic illness.

2. The patient is receiving care for cancer, a
cancer-related illness or condition or dialysis treatment.

3. A medical practitioner will administer the
controlled substance.

4. The patient is receiving the controlled substance
during the course of inpatient or residential treatment in a hospital, nursing
care facility, assisted living facility, correctional facility or mental health
facility.

5. The medical practitioner is prescribing the
controlled substance to the patient for not more than a five-day period
for an invasive medical or dental procedure or a medical or dental procedure
that results in acute pain to the patient.

6. The medical practitioner is prescribing the
controlled substance to the patient for not more than a five-day period
for a patient who has suffered an acute injury or a medical or dental disease
process that is diagnosed in an emergency department setting and that results
in acute pain to the patient. An acute injury or medical disease
process does not include back pain.

I.
H.
On
or before December 31, 2026, a vendor that provides electronic medical records
services to a medical practitioner in this state shall integrate the vendor's
electronic medical records system with the program's central database tracking
system either directly or through the statewide health information exchange or
a third-party vendor.

J.
I.
If
a medical practitioner or dispenser uses electronic medical records that
integrate data from the controlled substances prescription monitoring program,
a review of the electronic medical records with the integrated data shall be
deemed compliant with the review of the program's central database tracking
system as required in subsection
F
e
of
this section.

K.
J.
The
board shall promote and enter into data sharing agreements to integrate and
display patient utilization reports within electronic medical records.

L.
K.
By
complying with this section, a medical practitioner or dispenser who acts in
good faith, or the medical practitioner's or dispenser's employer, is not
subject to liability or disciplinary action arising solely from either:

1. Requesting or receiving, or failing to request or
receive, prescription monitoring data from the program's central database
tracking system.

2. Acting or failing to act on the basis of the
prescription monitoring data provided by the program's central database
tracking system.

M.
L.
Notwithstanding
any provision of this section to the contrary, medical practitioners or
dispensers and their delegates are not in violation of this section during any
time period in which the controlled substances prescription monitoring program's
central database tracking system is suspended or is not operational or
available in a timely manner. If the program's central database
tracking system is not accessible, the medical practitioner or dispenser or the
medical practitioner's or dispenser's delegate shall document the date and time
the practitioner, dispenser or delegate attempted to use the central database
tracking system pursuant to a process established by board rule.

N.
M.
The
board shall conduct an annual voluntary survey of program users to assess user
satisfaction with the program's central database tracking
system. The survey may be conducted electronically. On or
before December 1 of each year, the board shall provide a report of the survey
results to the president of the senate, the speaker of the house of
representatives and the governor and shall provide a copy of this report to the
secretary of state.

O.
N.
This
section does not prohibit a medical practitioner regulatory board or the
Arizona state board of pharmacy from obtaining and using information from the
program's central database tracking system.

P.
O.
For the purposes of this section:

1. "Administration"
has the same meaning prescribed in section 36-2901.

2. "Contractor" has the same meaning
prescribed in section 36-2901.

3. "Dispenser" means a pharmacist who is
licensed pursuant to title 32, chapter 18.

4. "Emergency department" means the unit
within a hospital that is designed to provide emergency services.

5. "Health care insurer" has the same
meaning prescribed in section 20-3151.
END_STATUTE

Sec.
6.
6. Section
36-2608, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2608.

Reporting
requirements; exceptions

A. If a medical practitioner
or
pharmacy
dispenses a controlled substance listed in section 36-2513,
36-2514, 36-2515 or 36-2516 or the rules adopted pursuant to
chapter 27, article 2 of this title, or if a prescription for a controlled
substance listed in any of those sections that is approved by the United States
food and drug administration is dispensed by a pharmacy in this state, a health
care facility in this state for outpatient use or a board-permitted
nonresident pharmacy for delivery to a person residing in this state, the
medical practitioner, health care facility or pharmacy must report the
following information as applicable and as prescribed by the board by rule:

1. The name, address, telephone number, prescription
number and United States drug enforcement administration controlled substance
registration number of the dispenser.

2. The name, address and date of birth of the person
for whom the prescription is written.

3. The name, address, telephone number and United
States drug enforcement administration controlled substance registration number
of the prescribing medical practitioner.

4. The name, strength, quantity, dosage and national
drug code number of the schedule II, III, IV or V controlled substance
dispensed.

5.
Through June 30, 2027,
the
date the prescription was dispensed.
Beginning July 1, 2027, the
date the prescription was filled.

6.
Beginning
July 1, 2027, the date the prescription was sold to the ultimate user or the
ultimate user's agent.

6.
7.
The
number of refills, if any, authorized by the medical practitioner.

B.
Except as provided in subsection D
of this section,
A dispenser must use the latest version of
the standard implementation guide for prescription monitoring programs
published by the American society for automation in pharmacy
this state's data submission guide
to report the
required
information
required by this section
.

C. The board shall allow the reporter to transmit
the required information by electronic data transfer
if feasible
or, if not feasible, on reporting forms as prescribed by the board
. The
reporter shall submit the required information
once each day
within one business day after the date the prescription was sold
.
If there is no information to report, the reporter shall
report zero as a transaction.

D. A dispenser who does not have an
automated recordkeeping system capable of producing an electronic report in the
established format may request a waiver from electronic reporting by submitting
a written request to the board. The board shall grant the request if
the dispenser agrees in writing to report the data by submitting a completed
universal claim form as prescribed by the board by rule.

E. The board by rule may prescribe the
prescription form to be used in prescribing a schedule II, III, IV or V
controlled substance if the board determines that this would facilitate the
reporting requirements of this section.

F.
D.
The
reporting requirements of this section do not apply to the following:

1. A controlled substance that is administered
directly to a patient.

2. A controlled substance that is dispensed by a
medical practitioner at a health care facility licensed by this state if the
quantity dispensed is limited to an amount adequate to treat the patient for a
maximum of seventy-two hours with not more than two seventy-two-hour
cycles within any fifteen-day period.

3. A controlled substance sample.

4. The wholesale distribution of a schedule II, III,
IV or V controlled substance. For the purposes of this paragraph,
"wholesale distribution" has the same meaning prescribed in section
32-1981.

5. A facility that is registered by the United
States drug enforcement administration as a narcotic treatment program and that
is subject to the recordkeeping provisions of 21 Code of Federal Regulations
section 1304.24.
END_STATUTE