controlled substances
DP |
Committee on Health |
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DP |
Committee on Judiciary |
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DP |
Caucus and COW |
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DP |
Third Read |
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X |
As Transmitted to the Governor |
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SB 1036 prohibits a person from illegally obtaining or helping another person to obtain controlled substances, allows the Arizona State Board of Pharmacy (Board) to share information on persons illegally obtaining controlled substances with law enforcement agencies and adds dichloralphenazone to the list of schedule IV substances.
According to the United States Drug Enforcement Administration, the Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 consolidated many existing federal laws on narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the illicit production of controlled substances. The CSA placed all regulated substances into one of five schedules based on the substance’s medicinal value, harmfulness and potential for addiction. Schedule I drugs are highly addictive with no recognized medicinal value in the United States. Schedule II are also highly addictive, but with a recognized medical uses. Schedule III and IV are typically combination drugs that pair addictive substances with non-addictive substances. Schedule V is the classification used for the least dangerous/addictive drugs. SB 1036 adds dichloralphenazone to the list of schedule IV substances in Arizona law to conform with a recent change to the federal substance schedules. Dichloralphenazone is a component of a frequently used migraine medicine called Midrin.
The Board currently licenses
approximately 6,000 pharmacists statewide.
This includes in state (approximately 4,000) and non-resident license
holders (approximately 2,000). The
Board receives approximately 100 complaints per year and estimates that 85-90
of the complaints fall into its jurisdiction and are investigated by
staff. While one of the Board’s
responsibilities is to investigate allegations against pharmacists or
pharmacies that provide controlled substances illegally, the Board has found it
difficult to take action offenders since there is no clear designation within
health statute regarding the illegality of providing controlled substances
without a valid prescription. SB 1036
provides that a person is guilty of a Class 4 felony for forging a prescription
or illegally obtaining a controlled substance, and allows the Board to share
information on persons illegally obtaining controlled substances with law
enforcement agencies.
· Prohibits a person from providing a false prescription for a controlled substance or from knowingly or intentionally obtaining a controlled substance through forgery, fraud or deception.
· Makes either violation a Class 4 felony.
· Requires the Pharmacy Board and DPS to share information with other federal and state law enforcement agencies concerning persons illegally obtaining or providing controlled substances.
· Adds dichloralphenazone to the list of schedule IV controlled substances.
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Makes technical and conforming changes.
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45th Legislature
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Second Regular Session 2 April 18, 2002
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