SB 1469
Initials AG/BG Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: HHS DPA 8-0-0-0 | 3
rd
Read 28-0-2-0
House: HHS DP 8-1-0-0 | 3
rd
Read 46-0-14-0
SB 1469: controlled substances monitoring; search warrants
Sponsor: Senator Barto, LD 15
Transmitted to the Governor
Overview
Permits the Arizona State Board of Pharmacy (Board) to release Controlled Substances
Prescription Monitoring Program (CSPMP) data to law enforcement agencies and criminal justice
agencies only if they provide a valid search warrant.
History
The CSPMP program includes a computerized central database tracking system to track the
prescribing, dispensing and consumption of schedule II, III, IV and V controlled substances
dispensed from a medical practitioner or a pharmacy that holds a valid license or permit. The
database includes data from the Department of Health Services that identifies Arizona residents
who possess a registry identification card issued. The tracking system does not interfere with the
legal use of a controlled substance for managing severe or intractable pain (A.R.S § 36-2602).
The Board or its designee must review CSPMP prescription information. If the Board or its
designee suspects an act of illegal or unprofessional conduct has occurred, they must notify the
appropriate professional licensing board or law enforcement or criminal justice agency and
provide the prescription information required for an investigation. The Board must provide CSPMP
data requested by a local, state, federal law enforcement or criminal justice agency only if the
agency states in writing that the information is necessary for an open investigation or complaint
(A.R.S. § 36-2604).
Provisions
1. Allows the Board to release collected CSPMP data only if the requesting local, state, federal
law enforcement or criminal justice agency has a valid search warrant and is using the
information for an open investigation or complaint. (Sec. 1)
2. Removes the requirement that if the Board or its designee has reason to believe that an act
of unprofessional or illegal conduct has occurred then they must notify law enforcement or
criminal justice agency and provide CSPMP information required for an investigation. (Sec. 1)
3. Permits 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. (Sec. 1)
4. Forbids the investigator from arresting or undertaking criminal proceedings against a medical
practitioner. (Sec. 1)
5. Makes conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note