Sections
Article 1 Board of Pharmacy 32-1901 – 32-1910
Article 2 Licensure and Permits 32-1921 – 32-1941
Article 3 Regulation 32-1961 – 32-1979.03
Article 3.1 Regulation of Full Service Wholesale Permittees 32-1981 – 32-1985
Article 4 Enforcement of Chapter; Penalties 32-1991 – 32-1997

Terms Used In Arizona Laws > Title 32 > Chapter 18

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Administer: means the direct application of a controlled substance, prescription-only drug, dangerous drug or narcotic drug, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by a practitioner or by the practitioner's authorized agent or the patient or research subject at the direction of the practitioner. See Arizona Laws 32-1901
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of drugs, devices, poisons or hazardous substances. See Arizona Laws 32-1901
  • Advisory letter: means a nondisciplinary letter to notify a licensee or permittee that either:

    (a) While there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee or permittee. See Arizona Laws 32-1901

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Automated prescription-dispensing kiosk: means a mechanical system that is operated as an extension of a pharmacy, that maintains all transaction information within the pharmacy operating system, that is separately permitted from the pharmacy and that performs operations that either:

    (a) Accept a prescription or refill order, store prepackaged or repackaged medications, label and dispense patient-specific prescriptions and provide counseling on new or refilled prescriptions. See Arizona Laws 32-1901

  • board of pharmacy: means the Arizona state board of pharmacy. See Arizona Laws 32-1901
  • Cease and Desist Letter: A letter requesting that a company stops the activity mentioned in the letter. Source: OCC
  • Certificate of composition: means a list of a product's ingredients. See Arizona Laws 32-1901
  • Certificate of free sale: means a document that authenticates a product that is generally and freely sold in domestic or international channels of trade. See Arizona Laws 32-1901
  • Chain pharmacy warehouse: means a physical location for prescription-only drugs that acts as a central warehouse and that performs intracompany sales or transfers of the prescription-only drugs to a group of pharmacies that are under common ownership or control. See Arizona Laws 32-1981
  • Color additive: means a material that either:

    (a) Is any dye, pigment or other substance made by a process of synthesis or similar artifice, or extracted, isolated or otherwise derived, with or without intermediate or final change of identity, from any vegetable, animal, mineral or other source. See Arizona Laws 32-1901

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compounding: means the preparation, mixing, assembling, packaging or labeling of a drug by a pharmacist or an intern or pharmacy technician under the pharmacist's supervision, for the purpose of dispensing to a patient based on a valid prescription order. See Arizona Laws 32-1901
  • Compressed medical gas distributor: means a person who holds a current permit issued by the board to distribute compressed medical gases pursuant to a compressed medical gas order to compressed medical gas suppliers and other entities that are registered, licensed or permitted to use, administer or distribute compressed medical gases. See Arizona Laws 32-1901
  • Compressed medical gas order: means an order for compressed medical gases that is issued by a medical practitioner. See Arizona Laws 32-1901
  • Compressed medical gas supplier: means a person who holds a current permit issued by the board to supply compressed medical gases pursuant to a compressed medical gas order and only to the consumer or the patient. See Arizona Laws 32-1901
  • Compressed medical gases: means gases and liquid oxygen that a compressed medical gas distributor or manufacturer has labeled in compliance with federal law. See Arizona Laws 32-1901
  • Controlled substance: means a drug, substance or immediate precursor that is identified, defined or listed in title 36, chapter 27, article 2. See Arizona Laws 32-1901
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corrosive: means any substance that when it comes in contact with living tissue will cause destruction of tissue by chemical action. See Arizona Laws 32-1901
  • Counterfeit drug: means a drug that, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number or device, or any likeness of these, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed that drug. See Arizona Laws 32-1901
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: means a business day. See Arizona Laws 32-1901
  • Decree of censure: means an official action that is taken by the board and that may include a requirement for restitution of fees to a patient or consumer. See Arizona Laws 32-1901
  • delivery: means the actual, constructive or attempted transfer from one person to another whether or not there is an agency relationship. See Arizona Laws 32-1901
  • Dependent: A person dependent for support upon another.
  • Deputy director: means a pharmacist who is employed by the board and selected by the executive director to perform duties as prescribed by the executive director. See Arizona Laws 32-1901
  • Direct supervision of a pharmacist: means the pharmacist is present. See Arizona Laws 32-1901
  • Director: means the director of the division of narcotics enforcement and criminal investigation of the department of public safety. See Arizona Laws 32-1901
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dispense: means to deliver to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare for that delivery. See Arizona Laws 32-1901
  • Dispenser: means a practitioner who dispenses. See Arizona Laws 32-1901
  • Distribute: means to deliver, other than by administering or dispensing. See Arizona Laws 32-1901
  • Distributor: means a person who distributes. See Arizona Laws 32-1901
  • Donor: The person who makes a gift.
  • Drug: means :

    (a) Articles recognized, or for which standards or specifications are prescribed, in the official compendium. See Arizona Laws 32-1901

  • Drug enforcement administration: means the drug enforcement administration of the United States department of justice or its successor agency. See Arizona Laws 32-1901
  • Economic poison: means any substance that alone, in chemical combination with or in formulation with one or more other substances is a pesticide within the meaning of the laws of this state or the federal insecticide, fungicide and rodenticide act and that is used in the production, storage or transportation of raw agricultural commodities. See Arizona Laws 32-1901
  • emergency medical reasons: includes transferring a prescription drug by a community pharmacy or hospital pharmacy to another community pharmacy or hospital pharmacy to alleviate a temporary shortage. See Arizona Laws 32-1981
  • Enteral feeding: means nourishment provided by means of a tube inserted into the stomach or intestine. See Arizona Laws 32-1901
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the board of pharmacy. See Arizona Laws 32-1901
  • Federal act: means the federal laws and regulations that pertain to drugs, devices, poisons and hazardous substances and that are official at the time any drug, device, poison or hazardous substance is affected by this chapter. See Arizona Laws 32-1901
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Good manufacturing practice: means a system for ensuring that products are consistently produced and controlled according to quality standards and covering all aspects of design, monitoring and control of manufacturing processes and facilities to ensure that products do not pose any risk to the consumer or public. See Arizona Laws 32-1901
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • hazardous substance: includes , but is not limited to, any of the following if intended and suitable for household use or use by children:

    (a) Any substance that, according to standard works on medicine, pharmacology, pharmacognosy or toxicology, if applied to, introduced into or developed within the body in relatively small quantities by its inherent action uniformly produces serious bodily injury, disease or death. See Arizona Laws 32-1901

  • Highly toxic: means any substance that falls within any of the following categories:

    (a) Produces death within fourteen days in half or more than half of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight, when orally administered. See Arizona Laws 32-1901

  • Hospital: means any institution for the care and treatment of the sick and injured that is approved and licensed as a hospital by the department of health services. See Arizona Laws 32-1901
  • Housing: means any structure suitable for residence by an individual or family. See Arizona Laws 9-441
  • Housing development area: means an area within a municipality that is declared by the local governing body to be in serious need of housing and that is declared to be in need of the expenditure of public monies to assist the development of housing in the area. See Arizona Laws 9-441
  • Housing development project: means any undertaking related to real property, structures or improvements in a housing development area, for the purpose of establishing housing and other facilities necessary or incidental to the housing and primarily for the use of those residing in the housing. See Arizona Laws 9-441
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Intern: means a pharmacy intern. See Arizona Laws 32-1901
  • Internship: means the practical, experiential, hands-on training of a pharmacy intern under the supervision of a preceptor. See Arizona Laws 32-1901
  • Irritant: means any substance, other than a corrosive, that on immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction. See Arizona Laws 32-1901
  • Jurisprudence: The study of law and the structure of the legal system.
  • Jurisprudence examination: means a board-approved pharmacy law examination that is written and administered in cooperation with the national association of boards of pharmacy or another board-approved pharmacy law examination. See Arizona Laws 32-1901
  • Label: means a display of written, printed or graphic matter on the immediate container of any article that, unless easily legible through the outside wrapper or container, also appears on the outside wrapper or container of the article's retail package. See Arizona Laws 32-1901
  • Labeling: means all labels and other written, printed or graphic matter either:

    (a) On any article or any of its containers or wrappers. See Arizona Laws 32-1901

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Letter of reprimand: means a disciplinary letter that is a public document issued by the board and that informs a licensee or permittee that the licensee's or permittee's conduct violates state or federal law and may require the board to monitor the licensee or permittee. See Arizona Laws 32-1901
  • Limited service pharmacy: means a pharmacy that is approved by the board to practice a limited segment of pharmacy as indicated by the permit issued by the board. See Arizona Laws 32-1901
  • Local governing body: means the council or legislative body charged with governing the municipality. See Arizona Laws 9-441
  • Medical practitioner: means any medical doctor, doctor of osteopathic medicine, dentist, podiatrist, veterinarian or other person who is licensed and authorized by law to use and prescribe drugs and devices for the treatment of sick and injured human beings or animals or for the diagnosis or prevention of sickness in human beings or animals in this state or any state, territory or district of the United States. See Arizona Laws 32-1901
  • Medication order: means a written or verbal order from a medical practitioner or that person's authorized agent to administer a drug or device. See Arizona Laws 32-1901
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Municipality: means an incorporated city or town. See Arizona Laws 9-441
  • New drug: means either:

    (a) Any drug the composition of which is such that the drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs as safe and effective for use under the conditions prescribed, recommended or suggested in the labeling. See Arizona Laws 32-1901

  • Normal distribution channel: means the chain of custody for a prescription-only drug that begins with the delivery of the drug by a manufacturer to a wholesale distributor who then delivers the drug to a pharmacy or a practitioner for final receipt by a patient. See Arizona Laws 32-1981
  • Notice: means personal service or the mailing of a copy of the notice by certified mail addressed either to the person at the person's latest address of record in the board office or to the person's attorney. See Arizona Laws 32-1901
  • Nutritional supplementation: means vitamins, minerals and caloric supplementation. See Arizona Laws 32-1901
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • Official compendium: means the latest revision of the United States pharmacopeia and the national formulary or any current supplement. See Arizona Laws 32-1901
  • Other jurisdiction: means one of the other forty-nine states, the District of Columbia, the Commonwealth of Puerto Rico or a territory of the United States of America. See Arizona Laws 32-1901
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Package: means a receptacle defined or described in the United States pharmacopeia and the national formulary as adopted by the board. See Arizona Laws 32-1901
  • Packaging: means the act or process of placing a drug item or device in a container for the purpose or intent of dispensing or distributing the item or device to another. See Arizona Laws 32-1901
  • Parenteral nutrition: means intravenous feeding that provides a person with fluids and essential nutrients the person needs while the person is unable to receive adequate fluids or feedings by mouth or by enteral feeding. See Arizona Laws 32-1901
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
  • Person: means an individual, partnership, corporation and association, and their duly authorized agents. See Arizona Laws 32-1901
  • Pharmaceutical care: means the provision of drug therapy and other pharmaceutical patient care services. See Arizona Laws 32-1901
  • Pharmacist: means an individual who is currently licensed by the board to practice the profession of pharmacy in this state. See Arizona Laws 32-1901
  • Pharmacist in charge: means the pharmacist who is responsible to the board for a licensed establishment's compliance with the laws and administrative rules of this state and of the federal government pertaining to the practice of pharmacy, the manufacturing of drugs and the distribution of drugs and devices. See Arizona Laws 32-1901
  • Pharmacist licensure examination: means a board-approved examination that is written and administered in cooperation with the national association of boards of pharmacy or any other board-approved pharmacist licensure examination. See Arizona Laws 32-1901
  • Pharmacy intern: means a person who has all of the qualifications and experience prescribed in section 32-1923. See Arizona Laws 32-1901
  • Pharmacy technician: means a person who is licensed pursuant to this chapter. See Arizona Laws 32-1901
  • Pharmacy technician trainee: means a person who is licensed pursuant to this chapter. See Arizona Laws 32-1901
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Practitioner: means any physician, dentist, veterinarian, scientific investigator or other person who is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state, or any pharmacy, hospital or other institution that is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state. See Arizona Laws 32-1901
  • Preceptor: means a pharmacist who is serving as the practical instructor of an intern and complies with section 32-1923. See Arizona Laws 32-1901
  • Precursor chemical: means a substance that is:

    (a) The principal compound that is commonly used or that is produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture. See Arizona Laws 32-1901

  • Prescription: means either a prescription order or a prescription medication. See Arizona Laws 32-1901
  • Prescription medication: means any drug, including label and container according to context, that is dispensed pursuant to a prescription order. See Arizona Laws 32-1901
  • Prescription order: means any of the following:

    (a) An order to a pharmacist for drugs or devices issued and signed by a duly licensed medical practitioner in the authorized course of the practitioner's professional practice. See Arizona Laws 32-1901

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professionally incompetent: means :

    (a) Incompetence based on a variety of factors, including a lack of sufficient pharmaceutical knowledge or skills or experience to a degree likely to endanger the health of patients. See Arizona Laws 32-1901

  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Radioactive substance: means a substance that emits ionizing radiation. See Arizona Laws 32-1901
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remote dispensing site pharmacy: means a pharmacy where a pharmacy technician or pharmacy intern prepares, compounds or dispenses prescription medications under remote supervision by a pharmacist. See Arizona Laws 32-1901
  • Remote supervision by a pharmacist: means that a pharmacist directs and controls the actions of pharmacy technicians and pharmacy interns through the use of audio and visual technology. See Arizona Laws 32-1901
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • revoke: means the official cancellation of a license, permit, registration or other approval authorized by the board for a period of two years unless otherwise specified by the board. See Arizona Laws 32-1901
  • Safely engage in employment duties: means that a permittee or the permittee's employee is able to safely engage in employment duties related to the manufacture, sale, distribution or dispensing of drugs, devices, poisons, hazardous substances, controlled substances or precursor chemicals. See Arizona Laws 32-1901
  • Satellite pharmacy: means a work area located within a hospital or on a hospital campus that is not separated by other commercial property or residential property, that is under the direction of a pharmacist, that is a remote extension of a centrally licensed hospital pharmacy and that is owned by and dependent on the centrally licensed hospital pharmacy for administrative control, staffing and drug procurement and that is not required to be separately permitted. See Arizona Laws 32-1901
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Symbol: means the characteristic symbols that have historically identified pharmacy, including show globes and mortar and pestle, and the sign "Rx". See Arizona Laws 32-1901
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Third-party logistics provider: means an entity that provides or coordinates warehousing or other logistics services for a prescription or over-the-counter dangerous drug or dangerous device in intrastate or interstate commerce on behalf of a manufacturer, wholesaler or dispenser of the prescription or over-the-counter dangerous drug or dangerous device but that does not take ownership of the prescription or over-the-counter dangerous drug or dangerous device or have responsibility to direct its sale or disposition. See Arizona Laws 32-1901
  • Toxic substance: means a substance, other than a radioactive substance, that has the capacity to produce injury or illness in humans through ingestion, inhalation or absorption through any body surface. See Arizona Laws 32-1901
  • Trustee: A person or institution holding and administering property in trust.
  • Ultimate user: means a person who lawfully possesses a drug or controlled substance for that person's own use, for the use of a member of that person's household or for administering to an animal owned by that person or by a member of that person's household. See Arizona Laws 32-1901
  • unethical conduct: means the following, whether occurring in this state or elsewhere:

    1. See Arizona Laws 32-1901.01

  • unprofessional conduct: means the following, whether occurring in this state or elsewhere:

    1. See Arizona Laws 32-1901.01

  • Wholesale distribution: means distribution of a drug to a person other than a consumer or patient. See Arizona Laws 32-1981
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215