Arizona 2024 2024 Regular Session

Arizona Senate Bill SB1234 Comm Sub / Analysis

Filed 04/03/2024

                      	SB 1234 
Initials DC/RP 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
Senate: HHS DP 7-0-0-0 | 3rd Read 25-2-3-0  
House: RA DPA 5-1-0-1 
 
SB 1234: pharmacy board; virtual manufacturers 
Sponsor: Senator Shamp, LD 29 
House Engrossed 
Overview 
Prescribes requirements for virtual manufacturers to comply with Current Good 
Manufacturing Practice (CGMP) regulations and includes applicable requirements for when 
a contracted manufacturer is in another country. 
History 
The United States Food and Drug A dministration monitors drug manufacturers for 
compliance CGMP regulations to ensure the quality of drug products. CGMP regulations 
consist of minimum requirements for the methods, facilities and controls for the 
manufacturing, processing and packaging of drug products. For a new and generic drug to 
enter the market, the FDA must determine whether the manufacturer complies with CGMP 
regulations (CGMP). 
Virtual manufacturers are required to ensure that the facility is inspected when an initial or 
renewal application for determining the contracted manufacturer's CGMP compliance if the 
manufacturer is in another country. Virtual manufacturer includes own-label distributors 
that contract with a manufacturer to produce a drug or device and with another entity to 
package and label the drug or device, which then is sold under the name of the distributor or 
another name (A.A.C. R4-23-110) 
The State Board of Pharmacy (Board) regulates the practice of pharmacy to protect the health 
safety and welfare of Arizona citizens. The Board is authorized to issue specified permits in 
the field of pharmacy which include: 1) a pharmacy permit; 2) a drug manufacturer's permit; 
3) a drug packager or drug prepackager permit; and 4) a durable medical equipment or 
compressed medical gas distributor or supplier permit. The Board is tasked with prescribing 
and furnishing the requirements for a pharmacy permit application. Statute outlines the 
grounds for the denial or revocation of a pharmacy permit by the Board (A.R.S. §§ 32-1929, 
32-1930). 
Provisions 
1. Defines virtual manufacturer as an entity that: 
a) contracts for the manufacture of a device including private label distributors; 
b) owns either the FDA new drug application or abbreviated drug application number 
for a drug or the unique FDA device identification number for a prescription device; 
c) does not physically manufacture the drug or device; and 
d) contracts with an FDA registered manufacturer for the physical manufacture of the 
drug or device. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1234 
Initials DC/RP 	Page 2 	House Engrossed 
2. Requires a virtual manufacturer located in Arizona or any other jurisdiction, that is 
responsible for the shipment of prescription drugs or devices into Arizona, to make 
professionally reasonable efforts to ensure that the FDA registered manufacturing entity 
complies with applicable CGMP regulations. (Sec. 2) 
3. Directs virtual manufacturers of prescription drugs to contract with a permitted drug 
manufacturer in Arizona. (Sec. 2) 
4. Makes conforming changes. (Sec. 1)