Assigned to HHS AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1469
controlled substances monitoring; search warrants
Purpose
Requires law enforcement and criminal justice agencies to provide a valid search warrant
in order to access Controlled Substances Prescription Monitoring Program (CSPMP) data from the
State Board of Pharmacy (Board).
Background
The CSPMP is operated, monitored and maintained by the Board and includes 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 licensed
or permitted medical practitioner or pharmacy. The database must include data from the
Department of Health Services that identifies Arizona residents who possess a registry
identification card and must not interfere with the legal use of a controlled substance for managing
severe or intractable pain. The CSPMP is used to assist law enforcement to identify illegal activity
related to prescribing, dispensing and consuming schedule II, III, IV and V controlled substances
and provides information to patients, medical practitioners and pharmacists to help avoid the
inappropriate use of such substances (A.R.S. § 36-2602).
Current statute allows the Board to release CSPMP data to a local, state or federal law
enforcement or criminal justice agency upon Board suspicion of illegal conduct, or if the agency
provides in writing that access to the data is necessary as part of an open investigation or complaint
(A.R.S. § 36-2604).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions:
1. Limits the Board's ability to release CSPMP data to a law enforcement or criminal justice
agency to only circumstances in which the agency has a valid search warrant and is using the
information for an open investigation or complaint.
2. Allows an investigator to refer a prescriber to the applicable professional licensing board for
investigation if, after reviewing CSPMP data, the investigator finds no evidence of a statutory
crime but suspects the prescriber is inappropriately prescribing controlled substances in
manner or amount.
3. Prohibits the investigator from undertaking criminal proceedings or pursuing the arrest of a
prescriber based on suspicion of inappropriately prescribing controlled substances. FACT SHEET – Amended
S.B. 1469
Page 2
4. Removes the requirement that the Board provide evidence of unprofessional conduct of a
physician, upon review of CSPMP data, to a law enforcement or criminal justice agency.
5. Makes a conforming change.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Allows an investigator to refer a prescriber to the applicable professional licensing board for
investigation if, after reviewing CSPMP data, the investigator finds no evidence of a statutory
crime but suspects the prescriber is inappropriately prescribing controlled substances in
manner or amount.
2. Prohibits the investigator from undertaking criminal proceedings or pursuing the arrest of a
prescriber based on suspicion of inappropriately prescribing controlled substances.
Senate Action
HHS 2/16/22 DPA 8-0-0
Prepared by Senate Research
February 18, 2022
MM/CC/sr/slp