Arizona State Board of Pharmacy
Authority
Legislation adopted in 1913 established requirements for pharmacists and created the Board of Pharmacy. Earlier references to regulation of pharmacists may be found in 1903 Territorial Laws. Current statutory authority is found at A.R.S. §§32-1901 through 32-1997.
Function
The Board regulates the practice of pharmacy, licenses qualified applicants, conducts examinations of pharmacists, approves pharmacy colleges and programs, issues permits to distributors of medications, and regulates distribution, sale and storage of prescription medications, prescriptive devices and nonprescription medications. The Board is authorized to conduct inspections, and to take enforcement actions and disciplinary measures against licensees.
According to the Board website, “The Arizona State Board of Pharmacy protects the health, safety and welfare of the citizens of Arizona by regulating the practice of pharmacy and the manufacturing, distribution, sale and storage of prescription medications and devices and non-prescription medications.” See www.pharmacy.az.gov/about
The Board consists of nine members appointed by the Governor to five-year terms. Six members must be pharmacists licensed to practice in Arizona, one member must be a pharmacy technician licensed to practice in Arizona and two members represent the public. The Board is required to select an executive director, who may also be a member of the Board.
Ten percent of the monies collected by the Board from examining and licensing pharmacies and pharmacists is deposited into the state General Fund and the remaining ninety percent is deposited into the Arizona State Board of Pharmacy Fund, which is used for administration and enforcement purposes by the Board. In addition, the Executive Director may transfer up to $500,000 annually to the Controlled Substances Prescriptions Monitoring Program Fund (See A.R.S.§36-2605) and up to $1 million annually to the Arizona Poison and Drug Information Center (See A.R.S. §36-1161).
The Controlled Substances Prescription Monitoring Program Fund was established to cover expenses related to automated tracking of controlled substances, assisting law enforcement in identifying illegal use of controlled substances, and providing information to patients, medical practitioners and pharmacists. Joint Legislative Budget Committee FY 2020 Baseline Book
History
Regulation of pharmacists traces to Arizona territorial laws. See Twenty-second Legislative Assembly, Chapter 74, approved March 19, 1903.
Laws 1913, Third Special Session, Chapter 72 established the Board of Pharmacy consisting of seven registered pharmacists, appointed by the Governor to four-year terms. The measure outlined Board powers, duties and limitations. It prescribed regulations for the practice of pharmacy; the sale of poisons; the quality and strength of all pharmaceutical preparations and medicines; inspections of pharmacies, dispensaries, stores or places which compounded or sold drugs, medicines and poisons; and established application requirements, license renewal requirements and fees. See Revised Statutes of Arizona, 1913 Civil Code, Sections 4793 et seq.
Laws 1935, Chapter 25 revised Board duties, powers and authority; prescribed licensing requirements including minimum age, educational qualifications and experience; established regulations for manufacture, production, sale and distribution of drugs, medicinal chemicals poisons and patent medicines in the state; prescribed licensing requirements for pharmacies, dispensaries, drug stores, retail stores; and established penalties for violations of the statutes.
Board statutes were rewritten again by Laws 1951, Chapter 73.
Laws 1970, Chapter 156 changed the name of the State Board of Pharmacy to the Arizona State Board of Pharmacy and provided for transfer of membership, property and funds from the old Board to the new Board. Board members in place at the time were retained until their term expired.
Laws 1981, Chapter 106 established mandatory continuing education requirements for pharmacists as a condition for renewing a certificate of registration, effective January 1, 1982. The Board was authorized to adopt administrative rules to establish the form, content and number of hours of education required.
Laws 1989, Chapter 126 authorized the Board to establish a program for treatment and rehabilitation of pharmacists and pharmacist interns who are impaired by alcohol or drug abuse. The measure allowed a portion of license renewal fees to be used to operate the program.
Laws 2003, Chapter 78 established licensure requirements and fees for pharmacy technicians and pharmacy technician trainees. The measure was introduced as a result of the recommendation to license pharmacy technicians made by the Senate Health and House of Representatives Health Committee of Reference, made in November 2002. The bill also modified other licensing requirements, fees and Board procedures.
Laws 2005 Chapter 241 was an omnibus measure, making multiple changes to Board statutes including provisions relating to unethical conduct, disciplinary actions and penalties. The measure also increased the number of Board members from seven to nine.
Laws 2005, Chapter 290 added a new article to Board statutes, establishing regulations for full service wholesale permittees, including tracking requirements and restrictions.
Laws 2006, Chapter 136 required the Board to establish a prescription medication donation program to accept and dispense prescription medications. The Board was required to develop administrative rules in consultation with the Director of the Arizona Department of Health Services (ADHS) to prescribe eligibility, standards and procedures for the program.
Laws 2007, Chapter 207 authorized the Board to cooperate with the state, counties, cities and towns in the event of a Governor-declared state of emergency resulting from a natural disaster or terrorist attack. The measure requires the Board to ensure the provision of drugs, devices and professional services to the public as well as individuals temporarily relocated to the state.
Laws 2007, Chapter 269 established the Controlled Substances Prescription Monitoring Program electronic database to track prescribing, dispensing and consumption of Schedule II, III and IV controlled substances that are dispensed by medical practitioners or pharmacies. The measure also established a Task Force and the Controlled Substances Prescription Monitory Program Fund. (See A.R.S. §§36-2601 through 36-2610.) Legislation enacted in 2011 also required the program to track information from ADHS regarding residents who possess a registry identification card issued pursuant to the medical marijuana act. Subsequent legislation enacted in 2015 and 2017 made additional modifications to the Program. (See Laws 2011, Chapter 94; Laws 2015, Chapter 46; and Laws 2017, Chapter 61 and Chapter 283.)
Laws 2019, Chapter 195 allowed the Board to authorize its executive director to issue licenses, certifications, registrations, preceptorships, reinstatements and waivers to eligible applicants who meet the requirements identified in statute. In addition, the Board may issue temporary licenses of 30 days to qualified applicants who meet statutory requirements and may adopt rules to carry out the new provisions. A second enactment requires the Board to regulate the unauthorized practice of the profession by investigating complaints and referring verified complaints to the county attorney or attorney general for prosecution. See Laws 2019, Chapter 227.
Sources
- Arizona Revised Statutes A.R.S. §§32-1901 through 32-1997
- Arizona Revised Statutes A.R.S. §§36-2601 through 36-2610
- (Controlled Substances Prescription Monitoring Program)
- Session Laws
- Twenty-second Legislative Assembly, Chapter 74, approved March 19, 1903
- Laws 1913, Third Special Session, Chapter 72
- Laws 1935, Chapter 25
- Laws 1951, Chapter 73
- Laws 1970, Chapter 156
- Laws 1981, Chapter 106
- Laws 1989, Chapter 126
- Laws 2003, Chapter 78
- Laws 2005, Chapter 241and Chapter 290
- Laws 2006, Chapter 136
- Laws 2007, Chapter 207 and Chapter 269
- Laws 2011, Chapter 94
- Laws 2015, Chapter 46
- Laws 2017, Chapter 61 and Chapter 238
- Laws 2019, Chapter 195 and Chapter 227
Joint Legislative Budget Committee FY 2020 Baseline Book
Related Collections at Arizona State Archives
- Record Group 006 – Secretary of the Territory, 1863-1922
- Record Group 073 – Arizona State Board of Pharmacy
