Purpose

Creates a class 4 felony for providing a false medical prescription or knowingly or intentionally obtaining a controlled substance by means of forgery, fraud or deception. Directs the Arizona State Board of Pharmacy (Board) and the Department of Public Safety (DPS), in cooperation with federal and other state agencies, to provide information on suspected and known controlled substance offenders.

Background

The Board states that the forgery of prescriptions and other deceptive acts to obtain controlled substances regularly occur in Arizona. Unlike other states in this region, Arizona does not have a controlled substance electronic tracking system to monitor the filling of prescriptions, so people who write false prescriptions or manipulate the system to obtain controlled substances are not as likely to be caught. The Board is concerned that with less restrictive regulations, Arizona might attract controlled substance abusers from neighboring states.

Pharmacists assist in the identification of abuse of controlled substances. When a pharmacist reports a suspicious customer to the Board, the Board requests that local law enforcement intervene. According to the Phoenix Police Department, the prescription fraud unit averages three or four arrests per week. The majority of those committing prescription fraud are prescription drug addicts. Addicts typically utilize two methods to obtain prescription drugs: altering a prescription by increasing the number of pills, or forging prescriptions on a stolen prescription pad. This legislation grants the Board the clear legal authority to disclose to law enforcement agencies information on suspected or known offenders. S.B. 1036 clarifies the Board’s role in criminal investigations and provides a legal sanction against controlled substance offenders.

Any potential fiscal impact on the general fund is undetermined at this time, although the addition of a new felony statute may increase the number of people incarcerated by the Arizona Department of Corrections.

Provisions

1. Stipulates that attempting to obtain controlled substances by creating a false prescription, or otherwise deceiving by fraud, forgery or nondisclosure of a material fact in order to acquire controlled substances, is a class 4 felony.

2. Directs the Board and DPS to disseminate information to federal or other state agencies concerning suspected or known controlled substance offenders.

3. Adds dichloralphenazone to the list of schedule IV controlled substances to coincide with federal law.

4. Makes technical changes.

5. Provides for a general effective date.

Amendments Adopted by Committee of the Whole

· Clarifies that information obtained by the Board or DPS concerning controlled substance abuse and trafficking is to be shared with law enforcement agencies.

Senate Action

JUD 1/22/02 DP 8-0-0-0

3^rd Read 2/11/02 27-0-3-0

Prepared by Senate Staff

February 12, 2002

Assigned to JUD AS PASSED BY THE SENATE

Purpose

Background