2018 Arizona Opioid Epidemic Act: Pharmacist and Pharmacy Rule Changes

Earlier this year, Arizona passed the Arizona Opioid Epidemic Act (Act), a comprehensive, bipartisan bill aimed at combating the opioid epidemic. The new legislation addresses opioid treatment, opioid enforcement and oversight, opioid addiction and reversing opioid overdoses.

Pharmacists and pharmacies must be aware of a few important rule changes slated to start April 26, 2018, as a result of the Act.

    1. Dispensing pharmacists are required to review the Prescription Monitoring Program (PMP) record of a patient receiving a Schedule II controlled substance for the preceding 12 months at the beginning of each new course of treatment.

    2. A health professional shall limit the initial prescription for a schedule II opioid to not more than a five-day supply, except an initial opioid prescription following a surgical procedure is limited to a 14-day supply.
      • The initial prescription 5-day supply limitation does not apply if:
        • The prescription is following a surgical procedure. Surgical procedures prescriptions are limited to a 14-day supply;
        • The patient has an active oncology diagnosis;
        • The patient has an traumatic injury, excluding a surgical procedure;
        • The patient is receiving hospice care, end-of-life care, palliative care, treatment for burns or skilled nursing care;
        • The patient is receiving medical-assisted treatment for a substance use disorder; or
        • The patient is an infant being weaned off opioids at the time of hospital discharge.

    3. All out-patient dispensers of Schedule II opioids will:

      • Have an action plan and policies and procedures written out regarding implementation of the red caps and new labeling requirements on out-patient opioid dispenses.
      • If red caps are not readily available due to production delays, the Arizona Board of Pharmacy will recognize the use of red stickers to be placed on top of existing caps. The red sticker must cover most of the cap.
      • Implement red caps immediately upon availability.

 

Interestingly, under the Act, veterinarians are not required to check the PMP, but a veterinarian who reasonably suspects or believes that a client or person is trying to obtain controlled substances with an intent other than to treat the patient animal, shall report their suspicions to local law enforcement within 48-hours after any treatment or examination. Additionally, a veterinarian who files any such report is immune from civil liability with respect to any report made in good faith.

If you are a non-resident pharmacy shipping Schedule II controlled substances to patients in Arizona, you need to comply with the new Arizona rules or face possible disciplinary actions. Contact Baer Law with any questions.