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Code · Arizona · Title 36 — Public Contracts

36-2602. Controlled substances prescription monitoring program; contracts; retention and maintenance of records

330 words·~2 min read·/az/title-36/36-2602

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 prescribing, dispensing and consumption of schedule II, III, IV and V controlled substances that are dispensed by a medical practitioner or by a pharmacy that holds a valid license or permit issued pursuant to title 32. The database shall include data from the department of health services that identifies residents of this state who possess a registry identification card issued pursuant to chapter 28.1 of this title. The tracking system shall not interfere with the legal use of a controlled substance for managing severe or intractable pain.
4. Assist law enforcement to identify illegal activity related to prescribing, dispensing and consuming schedule II, III, IV and V controlled substances.
5. Provide information to patients, medical practitioners and pharmacists to help avoid the inappropriate use of schedule II, III, IV and V controlled substances.
6. Be designed to minimize inconvenience to patients, prescribing medical practitioners and pharmacies while effectuating the collection and storage of information.
B. The board may enter into private or public contracts, including intergovernmental agreements pursuant to title 11, chapter 7, article 3, to ensure the effective operation of the program. Each contractor must comply with the confidentiality requirements prescribed in this article and is subject to the criminal penalties prescribed in section 36-2610.
C. The board shall maintain the following records for the following periods of time:
1. A record of dispensing a controlled substance for seven years after the date the controlled substance was dispensed.
2. Affidavits for the purpose of an open investigation by law enforcement for two years.
3. Court orders requesting medical record information in the program for two years.
4. A patient's request of the patient's own prescription history for two years.
5. A prescriber report for two years.
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