HB 2405
Initials AG/AB Page 1 Signed by the Governor
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: HHS DP 12-0-0-0 | 3rd Read 58-0-2-0
Senate: HHS DP 5-0-2-0 | 3rd Read 28-0-2-0-1
Chapter: 30
HB 2405: topical medications
Sponsor: Representative Heap, LD 10
Signed by the Governor
Overview
Entitles this act the Topical Medical Waste Reduction Act which establishes regulations on
facility-provided multi-dose medication.
History
The American Academy of Ophthalmology (AAO) created the Topical Medical Waste
Reduction Model Act, inspired by an Illinois law, to reduce medical waste by allowing
surgeons to give patients unused ointments, creams and eye drops to take home. As of June
2024, the legislation has been adopted by Tennessee, Colorado, Delaware and Nebraska
(AAO).
A prescription-only drug must be dispensed only under one of the following conditions: 1) by
a medical practitioner; 2) on a written prescription order bearing the prescribing medical
practitioner's manual signature; 3) on an electronically transmitted prescription order
containing the prescribing medical practitioner's electronic or digital signature; 4) on a
written prescription order generated from electronic media containing the prescribing
medical practitioner's electronic or manual signature; 5) on an oral prescription order that is
reduced promptly to writing and filed by the pharmacist; 6) by refilling any written,
electronically transmitted or oral prescription order if a refill is authorized by the prescriber
either in the original prescription order, by an electronically transmitted refill order that is
documented promptly and filed by the pharmacist or by an oral refill order that is
documented promptly and filed by the pharmacist; 7) on a prescription order that the
prescribing medical practitioner or the prescribing medical practitioner's agent transmits by
fax or e-mail; and 8) on a prescription order that the patient transmits by fax or by e-mail if
the patient presents a written prescription order bearing the prescribing medical
practitioner's manual signature when the prescription-only drug is picked up at the
pharmacy (A.R.S. § 32-1968).
Only a pharmacist, graduate intern or pharmacy intern can provide oral consultation about
a prescription medication to a patient or patient’s caregiver in an outpatient setting,
including a patient discharged from a hospital. The oral consultation is required whenever
the following occurs:
1) the prescription medication has not been previously dispensed to the patient in the
same strength or dosage form or with the same directions;
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2405
Initials AG/AB Page 2 Signed by the Governor
2) the pharmacist, through the exercise of professional judgment, determines that oral
consultation is warranted; or
3) the patient or patient’s care-giver requests oral consultation (A.A.C. R4-23-402).
Provisions
1. Allows any unused portion of a facility-provided multi-dose medication to be offered to a
patient on discharge if the medication is:
a) ordered at least 24 hours before a surgical procedure;
b) administered to a patient at a hospital or outpatient surgical center; and
c) required for continuing treatment. (Sec. 1)
2. Makes the prescriber the responsible party for counseling the patient on the proper use
and administration of the facility-provided multi-dose medication and any pharmacist
counseling requirement is waived if the facility-provided multi-dose medication is used in
an operating room or emergency department setting. (Sec. 1)
3. Requires facility-provided multi-dose medication to be consistent with the labeling
requirements as outlined in statute. (Sec. 1)
4. Defines facility-provided multi-dose medication to mean any topical antibiotic or anti-
inflammatory, dilation or glaucoma drop or ointment that the staff of a hospital operating
room, emergency department or outpatient surgical center has ordered or retrieved from
a dispensing system for a specific patient for use during a procedure or visit. (Sec. 1)
5. Cites this act as the Topical Medical Waste Reduction Act. (Sec. 2)