SB 1373 — automated prescription-dispensing kiosks; permits

SB1373 - 542R - S-HealthS andVer Human  Services-Proposed    Fifty-fourthSenate Legislature                               Engrossed Health  and  Human  Services  State of Arizona Senate Fifty-fourth Legislature Second Regular Session                                                 Session S.B.      SENATE BILL 1373       AN ACT   Amending Title 32, chapter 18, article 3, Arizona Revised Statutes, by adding section 32‑1961.02;

 relating PROPOSEDto SENATEthe AMENDMENTSArizona TOstate S.B.board of pharmacy.

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CRS/kjaSTART_STATUTE32-1961.02.  Automated  prescription‑dispensing  kiosks;

permits;

application requirements;

labeling A.  Pursuant to the requirements prescribed in section 32‑1930, a person shall apply to the board for a permit to operate an automated prescription‑dispensing kiosk.

B.  The automated prescription‑dispensing kiosk shall be operated as an extension of the pharmacy responsible for operating the automated prescription‑dispensing kiosk, and the pharmacy shall remain responsible for inventory control and billing for the medications dispensed from the automated prescription‑dispensing kiosk.

C.  A person shall submit an application on a form prescribed by the board that is adapted for automated prescription‑dispensing kiosks to obtain an automated prescription‑dispensing kiosk permit.

A person shall apply for a separate permit for each automated prescription‑dispensing kiosk to be operated.

As part of the initial application for a permit under this section, the board shall require an agreement between the applicant and the tenant of the intended location where the automated prescription‑dispensing kiosk will be located demonstrating the intent to place the automated prescription‑dispensing kiosk at the stated location.

For the purposes of this subsection, an agreement between the applicant and tenant of the intended location must clearly indicate an intent to locate an automated prescription‑dispensing kiosk at the designated location in the application, subject to the board issuing a permit, and may be any of the following as determined by the applicant:

1.  A letter of intent between the two parties.

2.  An electronic communication between the two parties.

3.  A formal letter of agreement between the two parties.

D.  A label affixed to the container of the prescription filled by an automated prescription‑dispensing kiosk shall identify the address of the pharmacy responsible for the automated prescription‑dispensing kiosk.

The location of the automated prescription‑dispensing kiosk may be on the label affixed to the prescription container or in patient materials provided with the dispensed medication.

E.  Each container of the prescription filled by the prescription‑dispensing kiosk shall include a prescription number to be maintained by the responsible pharmacy that contains information about the prescription dispensed by the prescription-dispensing kiosk, including the location of the automated prescription-dispensing kiosk.

F.  Unless otherwise specified in this section, an automated prescription‑dispensing kiosk permittee shall comply with all provisions of this chapter requiring registration of an automated prescription‑dispensing kiosk.

END_STATUTE Sec. 2.  Approved automated prescription‑dispensing kiosks;

permit application An automated prescription‑dispensing kiosk that is approved by the Arizona state board of pharmacy before August 3, 2018 and that is required to obtain an automated prescription‑dispensing kiosk permit from the board pursuant to section 32‑1930, Arizona Revised Statutes, is not required to provide information required by section 32‑1961.02, Arizona Revised Statutes, as added by this act, in its application that was submitted to the board before August 3, as part of the board's approval process in order to obtain a permit.

The board shall use all applicable documents previously submitted to the board at the time in which the automated prescription‑dispensing kiosk was previously approved for the permit application process.  The board shall issue a permit to any kiosk that was approved by the board before August 3, 2018 and that has submitted an application for a permit pursuant to section 32‑1930, Arizona Revised Statutes, with the required fees.