reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 2 - LICENSING › Section R4-22-202 - Determining Qualification for Licensure

Current through Register Vol. 30, No. 28, July 12, 2024
A. To obtain a license, an applicant shall
				submit:
1. The application form specified in
				R4-22-201;
2. The proof required
				under A.R.S. §
										32-1822(A);
3. A list of all Board-certified
				specializations, the certifying entity, and a copy of each certification or
				letter verifying specialization;
4.
				A list of each health care facility or employer at which the applicant obtained
				practice experience. If the applicant has not passed an examination approved
				under
				R4-22-203
				within the last seven years, the Board may obtain verification of practice
				experience from the health care facilities or employers listed for the last
				seven years;
5. A malpractice claim
				or suit questionnaire for each instance of medical malpractice in which there
				was an award, settlement, or payment;
6. A full set of fingerprints and the charge
				specified in
				R4-22-102(B);
7. A passport-size picture taken within the
				last 60 days; and
8. The
				application fee required under R4-22-102(A).
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 2 - LICENSING › Section R4-22-203 - Examination; Practice Equivalency to an Examination

Current through Register Vol. 30, No. 28, July 12, 2024
A. Approved examinations. For the purposes of
				licensing, the Board approves the following examinations:
1. All levels and parts of the COMLEX
				required by the NBOME with a passing score determined by the NBOME;
2. All levels and parts of the USMLE required
				by the NBME with a passing score determined by the NBME; and
3. A special purposes competency examination
				given by the NBOME or NBME to an applicant at the request of the Board, with a
				passing score established by the NBOME or NBME.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 2 - LICENSING › Section R4-22-204 - License Issuance; Effective Date of License

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within 90 days after an applicant for
				licensure receives notice from the Board that the applicant is approved, but no
				later than 360 days after the date on which the application was originally
				submitted, the approved applicant shall submit to the Board the license
				issuance fee required by A.R.S. §
									32-1826(A)
				 and the following information in writing:
1. Practice address and telephone
				number,
2. Residential address,
				and
3. A statement of whether the
				practice address or residential address should be used by the Board as the
				address of record.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 2 - LICENSING › Section R4-22-205 - License Renewal

Current through Register Vol. 30, No. 28, July 12, 2024
To renew a license, the licensee shall submit to the Board
				  the renewal application required under
				  R4-22-201.
				  Failure to receive notice of the need to renew does not excuse failure to renew
				  timely.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 2 - LICENSING › Section R4-22-206 - Procedure for Application to Reenter Practice

Current through Register Vol. 30, No. 28, July 12, 2024
A. The procedures in this Section apply only
				to an osteopathic physician who:
1. Was
				licensed and practiced as an osteopathic physician in Arizona or another
				jurisdiction, and
2. Currently is
				not licensed and practicing as an osteopathic physician in Arizona or another
				jurisdiction.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 2 - LICENSING › Section R4-22-207 - Continuing Medical Education; Waiver; Extension of Time to Complete

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under A.R.S.
				§
									32-1825(B),
				a licensee is required to obtain 40 hours of Board-approved CME in the two
				years before license renewal. The Board shall approve the CME of a licensee if
				the CME complies with the following:
1. At
				least 24 hours are obtained by completing CME classified by the AOA as Category
				1A,
2. No more than 16 hours are
				obtained by completing CME classified as American Medical Association Category
				1 approved by an ACCME-accredited CME provider, and
3. At least the number of CME hours specified
				under A.R.S. §
										32-3248.02
				address opioid-related, substance use disorder-related, or addiction-related
				prescribing and are obtained under subsection (A)(1) or (2).
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 2 - LICENSING › Section R4-22-212 - Confidential Program for Treatment and Rehabilitation of Impaired Osteopathic Physicians

Current through Register Vol. 30, No. 28, July 12, 2024
A. To
				protect the public health and safety, a licensee is required by A.R.S. §
									32-1822
				to be physically, mentally, and emotionally able to practice
				medicine.
B. If the Board
				determines that a licensee may be impaired by substance abuse and there is
				evidence of an imminent danger to the public health and safety, the Board's
				Executive Director, with the concurrence of investigative staff, the medical
				consultant, or a Board member, may enter into:
1. A consent agreement with the licensee to
				restrict the licensee's practice if there is evidence that a restriction of the
				licensee's practice is needed to mitigate the danger to the public health and
				safety;
2. A stipulated agreement
				with the licensee requiring the licensee to complete a Board-approved
				evaluation and treatment program for abuse or misuse of chemical substances if
				there is evidence the program would be successful in enabling the licensee to
				return to practice safely; and
3. A
				stipulated agreement with the licensee to enter a Monitored Aftercare Program
				(MAP) if there is evidence the licensee intends to comply with a program for
				rehabilitation.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 3 - DISPENSING DRUGS › Section R4-22-301 - Registration to Dispense Required

Current through Register Vol. 30, No. 28, July 12, 2024
A. An osteopathic physician shall register
				with the Board annually if the osteopathic physician:
1. Maintains a supply of controlled
				substances, as defined in A.R.S. §
										32-1901(13),
				prescription-only drugs, as defined in A.R.S. §
										32-1901(76),
				or prescription-only devices, as defined in A.R.S. §
										32-1901(75),
				excluding manufacturers' samples;
2. Prescribes the items listed in subsection
				(A)(1) to a patient of the osteopathic physician for use outside the office of
				the osteopathic physician; and
3.
				Obtains payment for the items listed in subsection (A)(1) at a practice
				location in Arizona.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 3 - DISPENSING DRUGS › Section R4-22-302 - Packaging and Inventory

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				osteopathic physician shall dispense a controlled substance or
				prescription-only drug in a prepackaged or light-resistant container with a
				consumer safety cap that complies with standards specified in the official
				compendium, as defined at A.R.S. §
									32-1901(55),
				and state and federal law, unless a patient or the patient's representative
				requests a non-safety cap.
B. An
				osteopathic physician shall ensure that a dispensed controlled substance or
				prescription-only drug is labeled with the following information:
1. The name, address, and telephone number of
				the dispensing osteopathic physician;
2. The date the controlled substance or
				prescription-only drug is dispensed;
3. The patient's name;
4. The name of the controlled substance or
				prescription-only drug, strength, dosage, form, name of manufacturer, quantity
				dispensed, directions for use, and any cautionary statement necessary for the
				safe and effective used of the controlled substance or prescription-only drug;
				and
5. A beyond-use date not to
				exceed one year from the date of dispensing or the manufacturer's expiration
				date if less than one year.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 3 - DISPENSING DRUGS › Section R4-22-303 - Prescribing and Dispensing Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. An osteopathic physician who dispenses a
				controlled substance, prescription-only drug, or prescription-only device shall
				record the following information on the patient's medical record:
1. Name, strength, dosage, and form of the
				controlled substance, prescription-only drug, or prescription-only device
				dispensed;
2. Quantity or volume
				dispensed;
3. Date of
				dispensing;
4. Medical reasons for
				dispensing; and
5. Number of
				refills authorized.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 3 - DISPENSING DRUGS › Section R4-22-304 - Recordkeeping and Reporting Shortages

Current through Register Vol. 30, No. 28, July 12, 2024
A. An osteopathic physician who dispenses a
				controlled substance or prescription-only drug shall ensure that an original
				prescription order, as defined in A.R.S. §
									32-1901(77),
				for the controlled substance or prescription-only drug dispensed is dated,
				consecutively numbered in the order in which originally dispensed, and filed
				separately from patient medical records. The osteopathic physician shall ensure
				that original prescription orders are maintained in three separate files, as
				follows:
1. Schedule II controlled
				substances, which are listed at A.R.S. §
										36-2513;
2. Schedule III, IV, and V controlled
				substances, which are defined or listed at A.R.S. §§
										36-2514
				through
				36-2516,
				and
3. Prescription-only
				drugs.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 3 - DISPENSING DRUGS › Section R4-22-305 - Inspections; Denial and Revocation

Current through Register Vol. 30, No. 28, July 12, 2024
A. An osteopathic physician shall allow the
				Board or its representative access to the physician's office and the records
				required under this Article for inspection of compliance with A.R.S. §
									32-1871
				and this Article.
B. Failure to
				comply with A.R.S. §
									32-1871
				and this Article is unprofessional conduct and grounds for revocation of the
				physician's registration to dispense or denial of renewal of registration to
				dispense.
C. The Board shall revoke
				an osteopathic physician's registration to dispense upon the occurrence of the
				following:
1. Suspending, revoking,
				surrendering, or canceling the physician's license;
2. Failing to timely renew the physician's
				license; or
3. Restricting the
				physician's ability to prescribe or administer medication, including loss or
				expiration of the physician's Drug Enforcement Administration Certificate of
				Registration.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 4 - MEDICAL ASSISTANTS › Section R4-22-401 - Approval of Educational Programs for Medical Assistants

Current through Register Vol. 30, No. 28, July 12, 2024
A. For purposes of this Section, a
				Board-approved medical assistant training program is a program:
1. Accredited by the CAAHEP;
2. Accredited by the ABHES;
3. Accredited by any accrediting agency
				recognized by the United States Department of Education; or
4. Designed and offered by a licensed
				osteopathic physician, that meets or exceeds the standards of one of the
				accredit- ing programs listed in subsections (A)(1) through (A)(3), and the
				licensed osteopathic physician verifies that those who complete the program
				have the entry level competencies referenced in
				R4-22-111
										R4-22-402.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 4 - MEDICAL ASSISTANTS › Section R4-22-402 - Medical Assistants - Authorized Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. A medical assistant may, under the direct
				supervision of a licensed osteopathic physician , per- form the medical
				procedures listed in the Commission on Accreditation of Allied Health Education
				Pro grams' Standards and Guidelines for the Accreditation of Educational
				Programs in Medical Assisting, revised 2003 2008. This material is incorporated
				by reference, does not include any later revisions, amendments or editions, is
				on file with the Board, and may be obtained from the Commission on
				Accreditation of Allied Health Education Programs, 1361 Park Street,
				Clearwater, FL 33756, 727-210-2350, or at
www.caahep.org
.
B. Additionally, a medical assistant working
				under the direct supervision of an a licensed osteopathic physician may:
1. Perform physical medicine modalities,
				including administering whirlpool treatments, diathermy treatments, electronic
				galvanic stimulation treatments, ultrasound therapy, massage therapy, and
				traction treatments;
2. Apply
				Transcutaneous Nerve Stimulation units and hot and cold packs;
3. Administer small volume nebulizers.
4. Draw blood;
5. Prepare proper dosages of medication and
				administer the medication as directed by the physician;
6. Assist in minor surgical
				procedures;
7. Perform urine
				analyses, strep screens, and urine pregnancy tests;
8. Perform EKGs; and
9. Take vital signs.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 4 - MEDICAL ASSISTANTS › Section R4-22-403 - Medical Assistant Training Requirement

Current through Register Vol. 30, No. 28, July 12, 2024
A. The licensed osteopathic physician who
				will provide direct supervision to a medical assistant shall ensure that the
				medical assistant satisfies one of the following training requirements before
				the medical assistant is employed:
1.
				Completes an approved medical assistant training program,
2. Completes an unapproved medical assistant
				training program and passes a medical assistant examinatio n adminis- tered by
				either the American Association of Medical Assistants or the American Medical
				Technologists , or
3. Completes a
				medical services training program of the Armed Forces of the United States.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 5 - OFFICE-BASED SURGERY › Section R4-22-502 - Health Care Institution License

Current through Register Vol. 30, No. 28, July 12, 2024
An osteopathic physician who performs office-based surgery
				  shall obtain a health care institution license as required by the Arizona
				  Department of Health Services under A.R.S. Title 36, Chapter 4 and 9 A.A.C.
				  10.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 5 - OFFICE-BASED SURGERY › Section R4-22-503 - Administrative Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				osteopathic physician who performs office-based surgery shall:
1. Establish, document, and implement written
				policies and procedures that cover:
a.
				Patients' rights,
b. Informed
				consent,
c. Care of patients in an
				emergency, and
d. Transfer of
				patients to a local accredited or licensed acute-care hospital;
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 5 - OFFICE-BASED SURGERY › Section R4-22-504 - Procedure and Patient Selection

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				An osteopathic physician shall ensure that each office-based surgery performed:
1. Can be performed safely with the
				equipment, staff members, and health care professionals at the physician's
				office;
2. Is of duration and
				degree of complexity that allows a patient to be discharged from the
				physician's office within 24 hours;
3. Is within the education, training,
				experience, skills, and licensure of the physician; and
4. Is within the education, training,
				experience, skills, and licensure of the staff members and health care
				professionals at the physician's office.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 5 - OFFICE-BASED SURGERY › Section R4-22-505 - Sedation Monitoring Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A. An osteopathic physician who performs
				office-based surgery when minimal sedation is administered to a patient shall
				ensure from the time sedation is administered until post-sedation monitoring
				begins that a quantitative method of assessing the patient's oxygenation, such
				as pulse oximetry, is used.
B. An
				osteopathic physician who performs office-based surgery when moderate or deep
				sedation is administered to a patient shall ensure from the time sedation is
				administered until post-sedation monitoring begins that:
1. A quantitative method of assessing the
				patient's oxygenation, such as pulse oximetry, is used;
2. The patient's ventilatory function is
				monitored by any of the following:
a. Direct
				observation,
b. Auscultation,
				or
c. Capnography;
3. The patient's circulatory
				function is monitored by:
a. Having a
				continuously displayed electrocardiogram,
b. Documenting arterial blood pressure and
				heart rate at least every five minutes, and
c. Evaluating the patient's cardiovascular
				function by pulse plethysmography;
4. The patient's temperature is monitored if
				the physician expects the patient's temperature to fluctuate; and
5. A licensed and qualified health care
				professional, other than the physician performing the office-based surgery, is:
a. Present throughout the office-based
				surgery, and
b. Has the sole
				responsibility of attending to the patient.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 5 - OFFICE-BASED SURGERY › Section R4-22-506 - Perioperative Period; Patient Discharge

Current through Register Vol. 30, No. 28, July 12, 2024
An osteopathic physician performing office-based surgery
				  shall ensure all of the following:
1.
				The physician is physically present in the room where office-based surgery is
				performed while the office-based surgery is performed;
2. After the office-based surgery is
				performed and until the patient's post-sedation monitoring is discontinued, a
				physician is at the physician's office and sufficiently free of other duties to
				respond to an emergency;
3. If
				using minimal sedation, the physician or a health care professional certified
				in ACLS, PALS, or BLS is at the physician's office and sufficiently free of
				other duties to respond to an emergency until the patient is
				discharged;
4. If using moderate or
				deep sedation, the physician or a health care professional certified in ACLS or
				PALS is at the physician's office and sufficiently free of other duties to
				respond to an emergency until the patient is discharged;
5. A discharge is documented in the patient's
				medical record including:
a. The date and
				time of the patient's discharge, and
b. A description of the patient's medical
				condition at the time of discharge; and
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 5 - OFFICE-BASED SURGERY › Section R4-22-507 - Emergency Drugs; Equipment and Space Used for Office-based Surgery

Current through Register Vol. 30, No. 28, July 12, 2024
A. In addition to
				the requirements in
				R4-22-503(A)(3)
				and
				R4-22-504(A)(1),
				an osteopathic physician who performs office-based surgery shall ensure that
				the physician's office has at a minimum:
1.
				The following:
a. A reliable oxygen source
				with a SaO2 monitor;
b. Suction;
c. Resuscitation equipment, including a
				defibrillator;
d. Emergency drugs;
				and
e. A cardiac monitor;
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 22 - BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY › Article 5 - OFFICE-BASED SURGERY › Section R4-22-508 - Emergency and Transfer Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				An osteopathic physician who performs office-based surgery shall ensure that a
				health care professional who participates in or a staff member who assists with
				office-based surgery receives instruction in the following:
1. Policy and procedure in cases of
				emergency,
2. Policy and procedure
				for office evacuation, and
3. Safe
				and timely patient transfer.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-101 - General

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Chapter
				applies to all actions and proceedings of the Board and shall be deemed part of
				the record in any Board action or proceeding without formal introduction of, or
				reference to the rules. A party to a Board action is deemed to have knowledge
				of the rules.
B.
				The Board, within its jurisdiction, may, in the interest of justice, excuse the
				failure of any person to comply with the rules.
C. The Board, within its jurisdiction, may
				grant an extension of time within which to comply with any rule when it deems
				the extension to be in the interest of justice.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-102 - Meetings

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall
				hold not less than four meetings per fiscal year to conduct general business
				and interview permit and license applicants.
B. A special meeting of the Board may be held
				at any time subject to the call of the President or a majority of the Board
				members and in compliance with the notification requirements of A.R.S. §
				38-431.02.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-111 - Notice of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided in A.R.S. §
									32-1928(B),
				the Board shall revoke, suspend, place on probation, or fine a licensee or
				permittee only after:
1. Notice is served
				under this Section, and
2. A
				hearing is conducted under R4-23-122.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-112 - Ex Parte Communications

Current through Register Vol. 30, No. 28, July 12, 2024
A party shall not communicate, either directly or indirectly,
				  with a Board member about any substantive issue in a pending matter
				  unless:
1. All parties are
				present;
2. It is during a
				scheduled proceeding, where an absent party fails to appear after proper
				notice; or
3. It is by written
				motion with copies to all parties.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-113 - Motions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Purpose. A party
				requesting a ruling from the Board shall file a motion. Motions may be made for
				rulings such as:
1. Continuing or expediting
				a hearing under
				R4-23-116;
2. Vacating a hearing under
				R4-23-117;
3. Scheduling a prehearing conference under
				R4-23-118;
4. Quashing a subpoena
				under
				R4-23-119;
5. Requesting telephonic testimony under
				R4-23-120;
				and
6. Reconsidering a previous
				order under R4-23-121.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-114 - Computing Time

Current through Register Vol. 30, No. 28, July 12, 2024
In computing any time period, the Board shall exclude the day
				  from which the designated time period begins to run. The Board shall include
				  the last day of the period unless it falls on a Saturday, Sunday, or legal
				  holiday. When the time period is 10 days or less, the Board shall exclude
				  Saturdays, Sundays, and legal holidays.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-115 - Filing Documents

Current through Register Vol. 30, No. 28, July 12, 2024
A. Docket.
				The Board shall open a docket for each hearing. All documents filed in a matter
				with the Board shall be date stamped on the day received by the Board office
				and entered in the docket.
B.
				Definition. "Documents" include papers such as complaints, answers, motions,
				responses, notices, and briefs.
C.
				Form. A party shall state on the document the name and address of each party
				served and how service was made under subsection (E). A document shall contain
				the Board caption and the Board's docket number.
D. Signature. A document filed with the Board
				shall be signed by the party or the party's attorney. A signature constitutes a
				certification that the signer has read the document, has a good faith basis for
				submission of the document, and that it is not filed for the purpose of delay
				or harassment.
E. Filing and
				service. A copy of a document filed with the Board shall be served on all
				parties. Filing with the Board office and service shall be completed by
				personal delivery; first-class, certified, or express mail; or
				facsimile.
F. Date of filing and
				service. A document is filed with the Board on the date it is received by the
				Board office, as established by the Board office's date stamp on the face of
				the document. A copy of a document is served on a party as follows:
1. On the date it is personally
				served,
2. Five days after it is
				mailed by first-class or express mail,
3. On the date of the return receipt if it is
				mailed by certified mail, or
4. On
				the date indicated on the facsimile transmission.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-116 - Continuing or Expediting a Hearing; Reconvening a Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Continuing or expediting a hearing. When
				ruling on a motion to continue or expedite, the Board shall consider such
				factors as:
1. The time remaining between the
				filing of the motion and the hearing date;
2. The position of other parties;
3. The reasons for expediting the hearing or
				for the unavailability of the party, representative, or counsel on the date of
				the scheduled hearing;
4. Whether
				testimony of an unavailable witness can be taken telephonically or by
				deposition; and
5. The status of
				settlement negotiations.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-117 - Vacating a Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
The Board shall vacate a calendared hearing and return the
				  matter to the Board office for further action, if:
1. The parties agree to vacate the
				hearing;
2. The Board dismisses the
				matter;
3. The non-Board party
				withdraws the appeal; or
4. Facts
				demonstrate to the Board that it is appropriate to vacate the hearing for the
				purpose of informal disposition, or if the action will further administrative
				convenience, expedition, and economy and does not conflict with law or cause
				undue prejudice to any party.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-118 - Prehearing Conference

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Procedure. The Board may hold a prehearing conference. The conference may be
				held telephonically. The Board may issue a prehearing order outlining the
				issues to be discussed.
B. Record.
				The Board may record any agreements reached during a prehearing conference by
				electronic or mechanical means, or memorialize them in an order.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-119 - Subpoenas

Current through Register Vol. 30, No. 28, July 12, 2024
A. Form. A party
				wanting the Board to issue a subpoena shall submit a written request to the
				Board and include:
1. The caption and docket
				number of the matter;
2. A list or
				description of any documents sought;
3. The full name and home or business address
				of the custodian of the documents sought or all persons to be
				subpoenaed;
4. The date, time, and
				place to appear or to produce documents according to the subpoena;
				and
5. The name, address, and
				telephone number of the party, or the party's attorney, requesting the
				subpoena.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-120 - Telephonic Testimony

Current through Register Vol. 30, No. 28, July 12, 2024
The Board may grant a motion for telephonic testimony
				  if:
1. Personal attendance by a party
				or witness at the hearing will present an undue hardship for the party or
				witness;
2. Telephonic testimony
				will not cause undue prejudice to any party; and
3. The proponent of the telephonic testimony
				pays for any cost of obtaining the testimony telephonically.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-121 - Rights and Responsibilities of Parties

Current through Register Vol. 30, No. 28, July 12, 2024
A. Generally. A party may present testimony
				and documentary evidence and argument with respect to the contested issue and
				may examine and cross-examine witnesses.
B. Preparation. A party shall have all
				witnesses, documents, and exhibits available on the date of the
				hearing.
C. Exhibits. A party shall
				provide a copy of each exhibit to all other parties at the time the exhibit is
				offered to the Board, unless the exhibit was previously provided to all other
				parties.
D. Responding to orders. A
				party shall comply with an order issued by the Board concerning the conduct of
				a hearing. Unless an objection is made orally during a pre-hearing conference
				or hearing, a party shall file a motion requesting the Board to reconsider the
				order.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-123 - Failure of Party to Appear for Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
If a party fails to appear at a hearing, the Board may
				  proceed with the presentation of the evidence of the appearing party, or vacate
				  the hearing and return the matter to the Board office for any further
				  action.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-124 - Witnesses; Exclusion from Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
All witnesses at the hearing shall testify under oath or
				  affirmation. At the request of a party, or at the discretion of the Board, the
				  Board may exclude witnesses who are not parties from the hearing room so that
				  they cannot hear the testimony of other witnesses.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-125 - Proof

Current through Register Vol. 30, No. 28, July 12, 2024
A. Standard of
				proof. Unless otherwise provided by law, the standard of proof is a
				preponderance of the evidence.
B.
				Burden of proof. Unless otherwise provided by law:
1. The party asserting a claim, right, or
				entitlement has the burden of proof;
2. A party asserting an affirmative defense
				has the burden of establishing the affirmative defense; and
3. The proponent of a motion shall establish
				the grounds to support the motion.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-126 - Disruptions

Current through Register Vol. 30, No. 28, July 12, 2024
A person shall not interfere with access to or from the
				  hearing room, or interfere, or threaten interference with the hearing. If a
				  person interferes, threatens interference, or disrupts the hearing, the Board
				  may order the disruptive person to leave or be removed.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-127 - Hearing Record

Current through Register Vol. 30, No. 28, July 12, 2024
A. Maintenance.
				The Board shall maintain the official administrative record of a
				matter.
B. Transfer of record. Any
				party requesting a copy of the administrative record or any portion of the
				administrative record shall make a request to the Board office and shall pay
				the reasonable costs of duplication.
C. Release of exhibits. Exhibits shall be
				released:
1. Upon the order of a court of
				competent jurisdiction; or
2. Upon
				motion of the party who submitted the exhibits if the time for judicial appeal
				has expired and no appeal is pending.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-128 - Rehearing or Review and Appeal of Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall provide for a rehearing
				and review of it decisions under A.R.S. Title 41, Chapter 6, Article 10, and
				this Section. For purposes of these rules, the terms "contested case" and
				"party" are defined in A.R.S. §
									41-1001.
B. A party to a contested case shall exhaust
				the party's administrative remedies by filing a motion for rehearing or review
				within 30 days after the service of the Board decision that is subject to
				rehearing or review in order to be eligible for judicial review under A.R.S.
				Title 12, Chapter 7, Article 6. The Board shall notify a party in its decision,
				that is subject to rehearing or review, that the party may file a motion for
				rehearing or review, and that failure to file a motion for rehearing or review
				within 30 days after service of the decision has the effect of prohibiting the
				party from seeking judicial review of the Board's decision.
C. A party may amend a motion for rehearing
				or review at any time before the Board rules on the motion.
D. The Board may grant a rehearing or review
				for any of the following reasons materially affecting a party's rights:
1. Irregularity in the proceedings of the
				Board, or any order or abuse of discretion, that deprived the moving party of a
				fair hearing;
2. Misconduct of the
				Board, its staff, its hearing officer, or the prevailing party;
3. Accident or surprise that could not have
				been prevented by ordinary prudence;
4. Newly discovered material evidence that
				could not, with reasonable diligence, have been discovered and produced at the
				hearing;
5. Excessive or
				insufficient penalty;
6. Error in
				the admission or rejection of evidence or other errors of law occurring at the
				hearing or during the progress of the proceedings;
7. That the Board's decision is a result of
				passion or prejudice; or
8. That
				the findings of fact or decision is not justified by the evidence or is
				contrary to law.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-129 - Notice of Judicial Appeal; Transmitting the Transcript

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notification to the Board office. Within
				10 days of filing a complaint for judicial review of a final administrative
				decision of the Board, the party shall file a copy of the complaint with the
				Board office. The Board office shall then transmit the administrative record to
				the Superior Court.
B. Transcript.
				A party requesting a transcript shall arrange for transcription at the party's
				expense. The Board office shall make a copy of the audio taped record available
				to the transcriber. The party arranging for transcription shall deliver the
				transcript, certified by the transcriber under oath to be a true and accurate
				transcription of the audio taped record, to the Board office, together with one
				unbound copy.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 2 - PHARMACIST LICENSURE › Section R4-23-201 - General

Current through Register Vol. 30, No. 28, July 12, 2024
A. License
				required. Before practicing as a pharmacist in Arizona, a person shall possess
				a valid pharmacist license issued by the Board.
B. Methods of licensure. Licensure as a
				pharmacist shall be by:
1. Examination using a
				Board-approved testing method; or
2. Reciprocity, as provided under A.R.S.
				§
										32-1922(B).
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 2 - PHARMACIST LICENSURE › Section R4-23-202 - Licensure by Examination

Current through Register Vol. 30, No. 28, July 12, 2024
A. Eligibility. To
				be eligible for licensure as a pharmacist by examination, a person shall:
1. Have a degree in pharmacy from an approved
				school or college of pharmacy; or
2. Qualify under the requirements of A.R.S.
				§
										32-1922(D)
.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 2 - PHARMACIST LICENSURE › Section R4-23-203 - Licensure by Reciprocity

Current through Register Vol. 30, No. 28, July 12, 2024
A. Eligibility. A
				person is eligible for licensure by reciprocity
if the person is
				  licensed as a pharmacist in another jurisdiction and qualified under A.R.S.
				  §
										32-1922(B).
B. Application.
An applicant for
				  licensure by reciprocity shall comply with
				  R4-23-202(B).
C. Passing grade; notification;
				re-examination. An applicant for licensure by reciprocity shall comply with
				R4-23-202(C)
				regarding the jurisprudence examination.
D. Licensure. The provisions of
				R4-23-202(E) apply
				for an applicant for licensure by reciprocity.
E. Time frames for licensure by reciprocity.
				The Board office shall follow the time frames established in
				R4-23-202(F).
F. License renewal. The procedure specified
				in R4-23-202(G) 
				applies.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 2 - PHARMACIST LICENSURE › Section R4-23-204 - Continuing Education Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under A.R.S. § 32-1936, continuing
				professional pharmacy education is mandatory for all licensees.
1. General continuing education requirement.
				In accordance with A.R.S. § 32-1925(F), the Board shall not renew a
				license unless the licensee has, during the two years preceding the application
				for renewal, participated in 30 contact hours (3.0 CEUs) of continuing
				education activity sponsored by an Approved Provider as defined in
				R4-23-110.
2. Special continuing
				education requirement. The Board shall not renew a license unless:
a. A licensee certified under R4-23-411 to
				administer immunizations, vaccines, and emergency medications has participated
				in at least two contact hours of continuing education activity related to
				administering immunizations, vaccines, and emergency medications;
b. A licensee authorized to dispense
				controlled substances has participated in at least three contact hours of
				opioid-related, substance use disorder-related, or addiction-related continuing
				education activity; and
c. A
				licensee who dispenses self-administered hormonal contraceptives under a
				standing prescription order has participated in at least three contact hours of
				continuing education activity related to self-administered hormonal
				contraceptives.
3. A
				pharmacist is exempt from the continuing education requirement in subsections
				(A)(1) and (2) between the time of initial licensure and first
				renewal.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 2 - PHARMACIST LICENSURE › Section R4-23-205 - Fees and Charges

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board
				establishes and shall collect the full biennial fee for all initial and renewal
				license and permit applications listed in subsections (B) and (C).
B. Licensure fees:
1. Pharmacist:
a. Initial licensure: $180.
b. Licensure renewal: $180.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 3 - INTERN TRAINING; INTERN PRECEPTORS › Section R4-23-301 - Intern Licensure

Current through Register Vol. 30, No. 28, July 12, 2024
A. Licensure as an
				intern is for the purpose of complementing an individual's academic or
				experiential education in preparation for licensure as a pharmacist. An
				applicant may request a waiver of intern licensure requirements by submitting a
				written request as specified in
				R4-23-401 and appearing in person
				at a Board meeting.
B. The
				prerequisite for licensure as an intern is one of the following:
1. Current enrollment, in good standing, in
				an approved college or school of pharmacy;
2. Graduation from a college or school of
				pharmacy along with:
a. Proof the applicant
				is certified by the Foreign Pharmacy Graduate Examination Committee (FPGEC), if
				applicable; or
b. Application for
				licensure as a pharmacist by examination or reciprocity; or
3. By
				order of the Board if the Board determines the applicant needs intern
				training.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 3 - INTERN TRAINING; INTERN PRECEPTORS › Section R4-23-302 - Training Site; Intern Preceptors; Training Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. To receive
				credit for intern training hours, an intern shall train in a site that:
1. Holds a valid Arizona pharmacy permit;
				or
2. Is an alternative training
				site. For purposes of this Section, the term alternative training site is a
				non-pharmacy training site established and monitored by an approved college or
				school of pharmacy or other non-pharmacy site where pharmacy-related activities
				are performed and where an intern gains experience as specified in
				R4-23-301(D).
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 4 - PROFESSIONAL PRACTICES › Section R4-23-401 - Time-frames for Board Approvals and Special Requests

Current through Register Vol. 30, No. 28, July 12, 2024
A. To request a Board approval required by
				this Chapter or a special request to deviate from or waive compliance with a
				requirement of this Chapter, a person shall send a letter by regular mail,
				e-mail, or facsimile to the Board office, detailing the nature of the approval
				or special request, including the applicable Arizona Revised Statute or
				administrative code citation. This Section does not apply to a request from a
				person regarding the probation, suspension, or revocation of a license or
				permit.
B. The Board office shall
				complete an administrative completeness review within 15 days from the date of
				receipt of a written request and immediately open a request file for the
				applicant.
1. The Board office shall issue a
				written notice of administrative completeness to the applicant if no
				deficiencies are found in the request.
2. If the request is incomplete, the Board
				office shall provide the applicant with a written notice that includes a
				comprehensive list of the missing information. The 15-day time-frame for the
				Board office to finish the administrative completeness review is suspended from
				the date the notice of incompleteness is served until the applicant provides
				the Board office with all missing information.
3. If the Board office does not provide the
				applicant with notice regarding administrative completeness, the request is
				deemed complete 15 days after receipt by the Board office.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 4 - PROFESSIONAL PRACTICES › Section R4-23-404 - Unethical Practices

Current through Register Vol. 30, No. 28, July 12, 2024
A. Rebates
				prohibited. A pharmacist or pharmacy permittee shall not offer, deliver,
				receive, or accept any unearned rebate, refund, commission, preference,
				patronage dividend, discount, or other unearned consideration, whether in the
				form of money or otherwise, as compensation or inducement to refer a patient,
				client, or customer to any person, except for a rebate or premium paid
				completely and directly to a patient. A pharmacist or pharmacy permittee shall
				not:
1. Make payment to a medical
				practitioner in money or other consideration for a prescription order
				prescribed by the medical practitioner; or
2. Make payment to a long-term care or
				assisted living facility or other health care institution in money, discount,
				rental, or other consideration in an amount above the prevailing rate for:
a. Prescription medication or devices
				dispensed or sold for a patient or resident of the facility or institution;
				or
b. Drug selection or drug
				utilization review services, drug therapy management services, or other
				pharmacy consultation services provided for a patient or resident of the
				facility or institution.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 4 - PROFESSIONAL PRACTICES › Section R4-23-405 - Change of Responsibility

Current through Register Vol. 30, No. 28, July 12, 2024
A pharmacist designated as the pharmacist-in-charge for a
				  pharmacy, manufacturer, or other establishment shall give immediate notice, as
				  defined in
				  R4-23-110,
				  when:
1. The pharmacist's
				responsibility as a pharmacist-in-charge is terminated; or
2. The pharmacist knows of a pending
				termination of the pharmacist's responsibility as the
				pharmacist-in-charge.