Title 36 — Public Health and Safety

A. The board shall adopt by rule the schedule II controlled substances listed in 21 Code of Federal Regulations section 1308.12 and shall amend the rules, as necessary, to reflect any changes in the schedule II controlled substance designations. B. The board may except by rule an…

A. The board shall adopt by rule the schedule III controlled substances listed in 21 Code of Federal Regulations sections 1300.01 and 1308.13 and shall amend the rules, as necessary, to reflect any changes in the schedule III controlled substance designations. B. If any person pr…

A. The board shall adopt by rule the schedule IV controlled substances listed in 21 Code of Federal Regulations section 1308.14 and shall amend the rules, as necessary, to reflect any changes in the schedule IV controlled substance designations. B. The board may except by rule an…

A. The board shall adopt by rule the schedule V controlled substances listed in 21 Code of Federal Regulations section 1308.15 and shall amend the rules, as necessary, to reflect any changes in the schedule V controlled substance designations. B. Any compound or preparation conta…

Any compound, mixture or preparation that contains cannabidiol and that is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration is a controlled substance for the purposes of this chapter and may be prescri…

(L23, Ch. 97, sec. 2. Conditionally Eff.) Any compound, mixture or preparation that contains 3, 4-methylenedioxymethamphetamine and that is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration to a schedul…

(Conditionally Eff.) Any pharmaceutical composition of crystalline polymorph psilocybin that is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration to a schedule other than schedule I of the controlled su…

[Repealed or reserved.]

The board may promulgate necessary and reasonable rules relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state.

A. Every person who manufactures, distributes, dispenses, prescribes or uses for scientific purposes any controlled substance within this state or who proposes to engage in the manufacture, distribution, prescribing or dispensing of or using for scientific purposes any controlled…

A. Persons registered to manufacture, distribute or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law and title 32, chapter 18, and with any additional rul…

Controlled substances in schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.

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 schedu…

A. It is unlawful for any person: 1. Who is subject to article 3 of this chapter to intentionally or knowingly distribute or dispense a controlled substance in violation of section 36-2525. 2. Who is a registrant to intentionally or knowingly manufacture a controlled substance no…

A. Issuance and execution of administrative inspection warrants for purposes of this chapter shall be as follows: 1. A judge of a state court of record or any justice of the peace or magistrate within his jurisdiction and upon proper oath or affirmation showing probable cause may…

A. The board and department shall cooperate with federal and other state agencies in discharging responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances, including the dissemination of information to law enforcement agenc…

All final civil determinations, findings and conclusions of the board or the department under this chapter are final and conclusive unless appealed pursuant to title 12, chapter 7, article 6.

A. The board and department shall cooperate with the department of health services in carrying out educational programs designed to prevent and deter misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances. In connection with these programs they m…

All administrative proceedings pending under prior laws which are superseded by this chapter shall be continued and brought to a final determination in accord with the laws and rules in effect prior to the effective date of this chapter.

Any orders and rules promulgated under any law affected by this chapter and in effect on the effective date of this chapter and not in conflict with it continue in effect until modified, superseded or repealed.

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 p…

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 presc…

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 ph…

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 the privacy and confidentiality of patients and that p…

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.

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 St…

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…

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…

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…

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 s…

1. "Administration" means the Arizona health care cost containment system administration. 2. "Administrator" means the administrator of the Arizona health care cost containment system. 3. "Contractor" means a person or entity that has a prepaid capitated contract with the adminis…

(Caution: 1998 Prop. 105 Applies) A. For the purposes of section 36-2901, "eligible person" includes any person who has an income level that, at a minimum, is between zero and one hundred per cent of the federal poverty guidelines as published annually by the United States depart…

(Caution: 1998 Prop 105 Applies) A. The Arizona tobacco litigation settlement fund is established consisting of all monies that this state receives pursuant to the tobacco litigation master settlement agreement entered into on November 23, 1998 and interest earned on these monies…

A. The administration shall adopt rules for a streamlined eligibility determination process for any person who applies to be an eligible person as defined in section 36-2901, paragraph 6, subdivision (a), item (iv). The administration shall adopt these rules in accordance with st…

A. The administration shall adopt rules for a streamlined medical expense deduction eligibility process to determine eligibility for any person who applies to be an eligible person as defined in section 36-2901, paragraph 6, subdivision (a), item (v). The administration shall ado…

1. Has been screened for breast and cervical cancer by a provider or entity that is recognized by the well woman healthcheck program administered by the department of health services as part of its program under title XV of the public health service act and that operates consiste…

Capitation rate adjustments shall be limited to utilization of existing services and inflation unless policy changes, including creation or expansion of programs, have been approved by the legislature or are specifically required by federal law or court mandate.

(Conditionally Rpld.) A. Beginning January 1, 2014, for the purposes of section 36-2901, "eligible person" includes a person who is eligible pursuant to 42 United States Code section 1396a(a)(10)(A)(i)(VIII) and whose household's modified adjusted gross income is more than one hu…

(Conditionally Rpld.) A. The director shall establish, administer and collect an assessment on hospital revenues, discharges or bed days for the purpose of funding the nonfederal share of the costs, except for costs of the services described in section 36-2907, subsection F, that…

A. The hospital assessment fund is established consisting of monies collected pursuant to section 36-2901.08. The director shall administer the fund. B. The director shall use fund monies only as necessary to supplement monies in the proposition 204 protection account established…

A. There is established the Arizona health care cost containment system administration. B. The administration shall be administered by a director appointed by the governor and confirmed by the senate. C. The director of the administration is eligible to receive compensation pursu…

A. The Arizona advisory council on Indian health care is established to give tribal governments, tribal organizations and urban Indian health care organizations in this state representation in shaping medicaid and health care policies and laws that impact the populations they ser…

A. The Arizona advisory council on Indian health care shall: 1. Hire and employ a director who shall hire and employ staff, subject to legislative appropriation, for purposes relating to the functions of the council. The staff shall provide technical assistance to tribal governme…

A. The Arizona health care cost containment system is established consisting of contracts with contractors for the provision of hospitalization and medical care coverage to members. Except as specifically required by federal law and by section 36-2909, the system is only responsi…

B. The director shall: 1. Prescribe uniform forms to be used by all contractors. The rules shall require a written and signed application by the applicant or an applicant's authorized representative, or, if the person is incompetent or incapacitated, a family member or a person a…

A. The administration shall develop by rule a standard for contractors to use to monitor the quality of health care received by members. Each contractor shall adopt and use the standard developed by the administration. B. The director shall periodically determine whether each con…

A. A person who is applying for eligibility under this chapter shall provide verification of United States citizenship or documented verification of qualified alien status. Beginning July 1, 2006, an applicant who is applying for services pursuant to this chapter shall provide sa…

A. The administration shall determine the eligibility of any eligible person as defined in section 36-2901, paragraph 6, subdivision (a), item (iii). Subject to the approval of the centers for medicare and medicaid services, the administration or the administration's designee sha…

A. The director shall adopt rules to prescribe a uniform application and eligibility process for participants in the premium sharing program, the children's health insurance program and healthcare group. B. The administration shall coordinate application screening for the program…

The administration shall cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the administration's dutie…