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HB4047 - 572R - I Ver
REFERENCE TITLE:
medical spas; licensure; regulation
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 4047
Introduced by
Representative
Pe�a
AN
ACT
Amending title 32, chapter 18, Arizona
Revised Statutes, by adding article 4.1; relating to the Arizona state board of
pharmacy.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 18, Arizona
Revised Statutes, is amended by adding article 4.1, to read:
ARTICLE 4.1. MEDICAL SPAS
START_STATUTE
32-1998.
Definitions
In this article, unless the context otherwise
requires:
1. "Adverse event" means
any untoward medical occurrence associated with the use of a prescription
medication, whether or not considered prescription medication-related.
2. "Medical Spa":
(
a
) Means any
facility or practice that offers medical or cosmetic health care services and
that is required to be licensed pursuant to this article.
(
b
) Does not
include a facility or practice that is otherwise licensed by this state.
3. "Person" means an
individual, corporation, government or governmental subdivision or agency,
statutory trust, business trust, estate, trust, partnership or unincorporated
association or any of the foregoing having a joint or common interest, or any
other legal or commercial entity.
4. "Prescription
medication":
(
a
) Has the
same meaning prescribed in section 32-1901.
(
b
) Includes
any drug, including any biological product, except for blood and blood
components intended for transfusion or biological products that are also
medical devices, that is required by federal law or regulation to be dispensed
only pursuant to a prescription order, including finished dosage forms and bulk
drug substances that are subject to section 503(
b
) of the
federal food, drug, and cosmetic act (21 United States Code section 355
b
).
5. "Responsible person"
means a licensed health care provider who has supervising authority at a
medical spa.
6. "Serious adverse event":
(
a
) Means an
adverse event or suspected adverse reaction that results in any of the
following outcomes:
(
i
) Death.
(
ii
) A life-threatening
adverse event.
(
iii
) Inpatient
hospitalization or prolongation of existing hospitalization.
(
iv
) A
persistent or significant incapacity or substantial disruption of the ability
to conduct normal life functions.
(
v
) A
congenital anomaly or birth defect.
(
b
) Includes an
adverse event that, based on appropriate medical judgment, may jeopardize the
patient's health and may require medical or surgical intervention to prevent
one of the outcomes prescribed in subdivision (
a
) of this
paragraph.
7. "Suspected adverse
reaction" means any adverse event for which there is a reasonable
possibility that a prescription medication caused the adverse event.
END_STATUTE
START_STATUTE
32-1998.01.
Licensing requirements; public database; inspection authority
A. Each medical spa location that
prepares, handles, stores, administers, dispenses, distributes or otherwise
uses any prescription medication at its facility or in connection with
providing services shall obtain and maintain a license from the
board. Failure to obtain a license or comply with any requirements
prescribed in this article may result in disciplinary action, including civil
penalties or suspension or revocation of the medical spa license.
B. The board shall maintain a public
database of each medical spa that is licensed pursuant to this section.� The
database shall include, at a minimum, the name, address and license number of
the medical spa and the name and license number of the responsible person.
C. Submission by a medical spa of an
application for a license constitutes permission for the board or its
authorized agent to enter and inspect the medical spa facility at the time of
initial licensure and at subsequent times as determined by the board.� Refusal
of the medical spa to allow the board or its authorized agent to conduct an
inspection is a violation of this article.
END_STATUTE
START_STATUTE
32-1998.02.
Prescription medications; acquisition; storage; security
A. A medical spa is a dispenser as
defined in 21 United States Code section 360
eee
and this
chapter and shall comply with the requirements of 21 United state code section
360
eee
-1 and this chapter with respect to the
medical spa's role as a dispenser.
B. A medical spa may not acquire or
receive any prescription medication from any person that does not have the
license, registration, permit or other authorization required to distribute or
otherwise transfer the prescription medication.
C. A medical spa shall store all
prescription medications in an area that is dry, well-lit, well-ventilated
and maintained in a clean and orderly condition.� The storage of controlled
substances and prescription medications that require specific storage
requirements, such as cold chain storage products, shall be stored in
accordance with those requirements.
D. Prescription medications that are
not controlled substances and hypodermic needles and syringes shall be
maintained under appropriate supervision and control at all times.� The medical
spa shall have security controls and procedures to deter and detect the theft
and diversion of prescription medications. The security and control of
prescription medications is the responsibility of both the responsible person
and the medical spa.
END_STATUTE
START_STATUTE
32-1998.03.
Responsible persons
Each licensed
medical spa shall have a designated responsible person.� The board may allow a
responsible person to be the responsible person at more than one medical spa
location. The responsible person shall be physically present at the
medical spa location for a sufficient amount of time to perform the
responsibilities of the position. The responsible person shall
ensure that the medical spa complies with the requirements of this article.
END_STATUTE
START_STATUTE
32-1998.04.
Serious adverse events; reporting
A medical spa shall notify the board within five
business days after the occurrence of a serious adverse event.� The notice
shall include the date and location of the serious adverse event, a summary of
the details and nature of the serious adverse event and a copy of the medical
records of the patient who was affected.
END_STATUTE
START_STATUTE
32-1998.05.
Deceptive and unfair trade practices
A medical spa engages in deceptive trade
practices, in violation of title 44, chapter 10, article 7, when, in the course
of business, the medical spa does any of the following:
1. Represents that a prescription
medication is of a particular standard, quality or grade, if it is another.
2. Represents that a prescription
medication has sponsorship, approval, characteristics, ingredients, uses,
benefits or quantities that it does not have.
3. Represents that a prescription
medication purports to be, work like, resemble or function similarly to another
drug approved by the United States food and drug administration.
4. Represents that a prescription
medication is approved by the United States food and drug administration if
this is not true.
END_STATUTE
START_STATUTE
32-1998.06.
Investigations; discipline; enforcement of article; rules
A. The board shall enforce this
article, including enforcing actions taken if a license is required under this
article but a person has failed to obtain a license.� If the board has or
receives information that any provision of this article has been violated, the
board shall investigate and take such action as the board considers appropriate
and is authorized under this chapter.
B. The board shall maintain a public
record of disciplinary actions involving licensed medical spas, subject to
state confidentiality laws.
C. The board shall adopt any rules
necessary to implement this article that are not inconsistent with the
requirements of this article.� The board shall use the authority prescribed in
this chapter to enforce the requirements of this article and the rules adopted
pursuant to this article.
END_STATUTE