A.R.S. tit. 36 ch. 28 — Arizona Revised Statutes Title 36 Chapter 28 — Controlled Substances Prescription Monitoring Program

36-2601. Definitions In this article, unless the context otherwise requires: 1. "Board" means the Arizona state board of pharmacy or its designee. 2. "Dispenser" means a medical practitioner or pharmacy that is authorized to dispense controlled substances. 3. "Licensed health care provider" means a person who is licensed pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 19.1, 25, 29 or 33. 4. "Medical practitioner" means any person who is licensed and authorized by law to use and prescribe drugs and devices to treat sick and injured human beings or to diagnose or prevent sickness in human beings in this state or any state, territory or district of the United States. 5. "Patient utilization report" means all of the following information about a patient that is compiled by the program and disclosed pursuant to section 36-2606: (a) Controlled substances prescription monitoring program data. (b) Clinical alerts and other required alerts or indicators. 6. "Person" means an individual, partnership, corporation or association and the person's duly authorized agents. 7. "Program" means the controlled substances prescription monitoring program. 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 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 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. 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. 36-2603. Compliance work group; membership; duties A. The board shall appoint a compliance work group to identify potential noncompliance with the requirement to use the controlled substances prescription monitoring program. The chairperson of the board shall serve as chairperson of the work group. The work group 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. B. The work group shall meet to establish the procedures and conditions relating to the release of prescription information pursuant to section 36-2604. The work group shall meet at least once each year and at the call of the chairperson. C. Work group members serve at the pleasure of the board and are not eligible to receive compensation or reimbursement of expenses. 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 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 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 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. 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 by the office of or by a hospital with the prescriber or dispenser. (b) An unlicensed medical records technician, medical assistant or office manager who is employed by the office of or 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 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. 36-2605. Controlled substances prescription monitoring program fund A. The controlled substances prescription monitoring program fund is established consisting of legislative appropriations, transfers pursuant to section 32-1907 and any grants, gifts or donations received by the board. The board shall administer the fund. Monies in the fund are continuously appropriated and shall be used to operate the controlled substances prescription monitoring program established pursuant to section 36-2602. B. The board may apply for grants and may accept gifts, grants or donations for the establishment and maintenance of the computerized prescription monitoring program. 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 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. 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. E. 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 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 mandatory use requirements outlined in this subsection. 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. G. The medical practitioner or dispenser is not required to obtain a patient utilization report from the central database tracking system pursuant to subsection 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. 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. 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 E of this section. J. The board shall promote and enter into data sharing agreements to integrate and display patient utilization reports within electronic medical records. 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. 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. 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. 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. 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. 36-2607. Disciplinary action A. The registrant's professional licensing board may revoke or suspend a registrant's registration or may place the registrant on probation for any of the following: 1. The registrant's professional licensing board determines that the registration was obtained by fraudulent means. 2. The registrant's professional licensing board takes action to revoke, suspend or place on probation the registrant's license, permit or registration to prescribe or dispense drugs. 3. The registration was issued through error. 4. The registrant knowingly files with the board any application, renewal or other document that contains false or misleading information or the registrant gives false or misleading testimony to the board. 5. The registrant knowingly makes a false report or record required by this article. 6. A registrant that dispenses controlled substances does not resolve discrepancies submitted to the program's central database tracking system within thirty business days after being notified of the error by the board. 7. A registrant that dispenses controlled substances does not resolve a failed attempt or missing transmission to the program's central database tracking system within thirty business days after the occurrence. B. The board may deny a registration to an applicant for the grounds prescribed in subsection A of this section. C. In addition to any other law, a licensed or permitted medical practitioner, pharmacist or pharmacy that fails to comply with the requirements of this article is subject to disciplinary action by the medical practitioner's, pharmacist's or pharmacy's professional licensing board. The board of pharmacy shall report to the appropriate professional licensing board the failure of a licensed or permitted medical practitioner, pharmacist or pharmacy to comply with the requirements of this article. 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. 7. The number of refills, if any, authorized by the medical practitioner. B. A dispenser must use the latest version of this state's data submission guide to report the information required by this section. C. The board shall allow the reporter to transmit the required information by electronic data transfer. The reporter shall submit the required information 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. 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. 36-2609. Use of information; civil immunity A. An individual or entity that complies with the reporting requirements of section 36-2608 is not subject to civil liability or other civil relief for reporting the information to the board. B. Unless a court of competent jurisdiction makes a finding of malice or criminal intent, the board, any other state agency or any person or entity in proper possession of information pursuant to this article is not subject to civil liability or other legal or equitable relief for any of the following acts or omissions: 1. Furnishing information pursuant to this article. 2. Receiving, using or relying on, or not using or relying on, information received pursuant to this article. 3. Information that was not furnished to the board. 4. Information that was factually incorrect or that was released by the board to the wrong person or entity. 36-2610. Prohibited acts; violation; classification A. A person who is subject to this article and who fails to report required information pursuant to section 36-2608 is guilty of a class 2 misdemeanor. B. A person who is subject to this article and who knowingly fails to report required information to the board in violation of section 36-2608 is guilty of a class 1 misdemeanor. C. A person who is subject to this article and who knowingly reports information to the board that the person knows to be false or fraudulent is guilty of a class 6 felony. D. A person who is granted access to the information maintained by the board as required by this article and who knowingly discloses the information in a manner inconsistent with a legitimate professional or regulatory purpose, a legitimate law enforcement purpose, the terms of a court order or as otherwise expressly authorized by this article is guilty of a class 6 felony.