Emergency Rules and Stautes

Please review the following Statute and Rules. The Statute and Rules have been activated based on the Declared States
and Federal Health Emergency. Click on the links below:

A.R.S. § 32-1910 Emergencies; continued provision of services
R4-23-412 Emergency Refill Prescription Dispensing
R4-23-413 Temporary Recognition of Nonresident Licensure
R4-23-617 Temporary Pharmacy Facilities or Mobile Pharmacies

Applicable Emergency Rules:
 

R4-23-412. Emergency Refill Prescription Dispensing
A. When a state of emergency is declared under A.R.S. § 32-1910(A) or (B) and the state of emergency results in
individuals being unable to refill existing prescriptions, a pharmacist may work in the affected county, city, or town and
may dispense a one-time emergency refill prescription of up to a 30-day supply of a prescribed medication to an
affected individual if both of the following apply:
1. In the pharmacist’s professional opinion the medication is essential to the maintenance of life or to the continuation
of therapy, and
2. The pharmacist makes a good faith effort to reduce the information to a written prescription marked “emergency
prescription” and files and maintains the prescription as required by law.
B. If the state of emergency declared under A.R.S. § 32-1910(A) or (B) continues for at least 21-days after the pharmacist
dispenses an emergency prescription under subsection (A), the pharmacist may dispense one additional emergency refill
prescription of up to a 30-day supply of the prescribed medication if the pharmacist complies with subsection (A)(2).
C. A pharmacist’s authority to dispense emergency prescriptions under this Section ends when the declared state of
emergency is terminated.
 

R4-23-413. Temporary Recognition of Nonresident Licensure
A. When a state of emergency is declared under A.R.S. § 32-1910(A) or (B):
1. A pharmacist who is not licensed in this state, but who is currently licensed in another state, may dispense
prescription medications in those affected counties, cities, or towns in this state during the time that a declared state of
emergency exists under A.R.S. § 32-1910(A) or (B) if both of the following apply:
a. The pharmacist provides proof of current licensure in another state, and
b. The pharmacist is engaged in a relief effort during a state of emergency.
2. Acting under the direct supervision of a pharmacist, a pharmacy technician or pharmacy intern not licensed in this
state, but currently licensed or registered in another state, may assist a pharmacist in dispensing prescription
medications in affected counties, cities, or towns in this state during the time that a declared state of emergency exists
under A.R.S. § 32-1910(A) or (B) if both of the following apply:
a. The pharmacy technician or pharmacy intern provides proof of current licensure or registration in another state, and
b. The pharmacy technician or pharmacy intern is engaged in a relief effort during a state of emergency.
B. The recognition of nonresident licensure or registration shall end with the termination of the declared state of
emergency.

R4-23-617. Temporary Pharmacy Facilities or Mobile Pharmacies
A. Pharmacies located in declared disaster areas, nonresident pharmacies, and pharmacies licensed or permitted in
another state but not licensed or permitted in this state, if necessary to provide pharmacy services during a declared
state of emergency, may arrange to temporarily locate to a temporary pharmacy facility or mobile pharmacy or relocate
to a temporary pharmacy facility or mobile pharmacy if the pharmacist-in-charge of the temporary pharmacy facility or
mobile pharmacy ensures that:
1. The pharmacy is under the control and management of the pharmacist-in-charge or a supervising pharmacist
designated by the pharmacist-in-charge;
2. The pharmacy is located within or adjacent to the declared disaster area;
3. The Board is notified of the pharmacy’s location;
4. The pharmacy is properly secured to prevent theft and diversion of drugs;
5. The pharmacy’s records are maintained in accordance with Arizona statutes and rules; and
6. The pharmacy stops providing pharmacy services when the declared state of emergency ends, unless it possesses a
current resident pharmacy permit issued by the Board under A.R.S. §§ 32-1929, 32-1930, and 32-1931.

B. The Board shall have the authority to approve or deny temporary pharmacy facilities, mobile pharmacies, and shall
make arrangements for appropriate monitoring and inspection of the temporary pharmacy facilities and mobile
pharmacies on a case-by-case basis.
C. A temporary pharmacy facility wishing to permanently operate at its temporary site shall apply for and have received
a permit issued under A.R.S. §§ 32-1929, 32-1930, and 32-1931 by following the application process under R4-23-606.
D. A mobile pharmacy, placed in operation during a declared state of emergency, shall not operate permanently.

R4-23-621. Shared Services
A. Before participating in shared services, a pharmacy shall have either a current resident or non-resident pharmacy
permit issued by the Board.
B. A pharmacy may provide or utilize shared services functions only if the pharmacies involved:
1. Have the same owner, or
2. Have a written contract or agreement that outlines the services provided and the shared responsibilities of each party
in complying with federal and state pharmacy statutes and rules, and
3. Share a common electronic file or technology that allows access to information necessary or required to perform
shared services in conformance with the pharmacy act and the Board’s rules.
C. Notifications to patients.
1. Before using shared services provided by another pharmacy, a pharmacy permittee shall:
a. Notify patients that their orders may be processed or filled by another pharmacy; and
b. Provide the name of that pharmacy or, if the pharmacy is part of a network of pharmacies under common ownership
and any of the network pharmacies may process or fill the order, notify the patient of this fact. The notification may be
provided through a one-time written notice to the patient or through use of a sign in the pharmacy.
2. If an order is delivered directly to the patient by a filling pharmacy and not returned to the requesting pharmacy, the
filling pharmacy permittee shall ensure that the following is placed on the prescription container or on a separate sheet
delivered with the prescription container:
a. The local, and if applicable, the toll-free telephone number of the pharmacy utilizing shared services that has access to
the patient’s records; and
b. A statement that conveys to the patient or patient’s care-giver the following information: “Written information about
this prescription has been provided for you. Please read this information before you take the medication. If you have
questions concerning this prescription, a pharmacist is available during normal business hours to answer these questions
at (insert the local and toll-free telephone numbers of the pharmacy utilizing shared services that has access to the
patient’s records).”
3. The provisions of subsection (C) do not apply to orders delivered to patients in facilities where a licensed health care
professional is responsible for administering the prescription medication to the patient.
D. A pharmacy permittee engaged in shared services shall:
1. Maintain manual or electronic records that identify, individually for each order processed, the name, initials, or
identification code of each pharmacist, graduate intern, pharmacy intern, pharmacy technician, and pharmacy
technician trainee who took part in the order interpretation, order entry verification, drug utilization review, drug
compatibility and drug allergy review, final or-der verification, therapeutic intervention, or refill authorization functions
performed at that pharmacy;
2. Maintain manual or electronic records that identify, individually for each order filled or dispensed, the name, initials,
or identification code of each pharmacist, graduate intern, pharmacy intern, pharmacy technician, and pharmacy
technician trainee who took part in the filling, dispensing, and counseling functions performed at that pharmacy;
3. Report to the Board as soon as practical the results of any disciplinary action taken by another state’s pharmacy
regulatory agency involving shared services;
4. Maintain a mechanism for tracking the order during each step of the processing and filling procedures performed at
the pharmacy;
5. Provide for adequate security to protect the confidentiality and integrity of patient information; and
6. Provide for inspection of any required record or information within 72 hours of any request by the Board or its
designee.
E. Each pharmacy permittee that provides or utilizes shared services shall develop, implement, review, revise, and
comply with joint policies and procedures for shared services in the manner described in R4-23-610(A)(2). Each
pharmacy permittee is required to maintain only those portions of the joint policies and procedures that relate to that
pharmacy’s operations. The policies and procedures shall:
1. Outline the responsibilities of each of the pharmacies;
2. Include a list of the name, address, telephone numbers, and all license and permit numbers of the pharmacies
involved in shared services; and
3. Include policies and procedures for:

a. Notifying patients that their orders may be processed or filled by another pharmacy and providing the name of that
pharmacy;
b. Protecting the confidentiality and integrity of patient information;
c. Dispensing orders when the filled order is not received or the patient comes in before the order is received;
d. Maintaining required manual or electronic records to identify the name, initials, or identification code and specific
activity or activities of each pharmacist, graduate intern, pharmacy intern, pharmacy technician, or pharmacy technician
trainee who performed any shared services;
e. Complying with federal and state laws; and
f. Operating a continuous quality improvement program for shared services, designed to objectively and systematically
monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, and
resolve identified problems.
F. Nothing in this Section shall prohibit an individual pharmacist licensed in Arizona, who is an employee of or under
contract with a pharmacy, or an Arizona-licensed graduate intern, pharmacy intern, pharmacy technician, or pharmacy
technician trainee, working under the supervision of the pharmacist, from accessing that pharmacy’s electronic
database from inside or outside the pharmacy and performing the order processing functions permitted by the
pharmacy act, if both of the following conditions are met:
1. The pharmacy establishes controls to protect the confidentiality and integrity of patient information; and
2. None of the database is duplicated, downloaded, or removed from the pharmacy’s electronic database.

32-1910. Emergencies; continued provision of services

A. If a natural disaster or terrorist attack occurs and, as a consequence of the natural disaster or terrorist
attack, a state of emergency is declared by the governor or by a county, city or town pursuant to its authority
and the declared state of emergency results in individuals being unable to refill existing prescriptions, the
board shall cooperate with this state and the county, city or town to ensure the provision of drugs, devices
and professional services to the public.

B. If a natural disaster or terrorist attack occurs in another state and, as a consequence of the natural disaster
or terrorist attack, a state of emergency is declared by the governor of that state and the declared state of
emergency results in individuals being temporarily relocated to Arizona and unable to refill existing
prescriptions, the board shall cooperate with this state to ensure the provision of drugs, devices and
professional services to the relocated individuals.

C. When a state of emergency has been declared pursuant to this section, a pharmacist may work in the
affected county, city or town and may dispense a one-time emergency refill prescription of up to a thirty-day
supply of a prescribed medication if both of the following apply:

1. In the pharmacist’s professional opinion the medication is essential to the maintenance of life or to the
continuation of therapy.

2. The pharmacist makes a good faith effort to reduce the information to a written prescription marked
"emergency prescription" and then files and maintains the prescription as required by law.

D. If the state of emergency declared pursuant to this section continues for at least twenty-one days after the
pharmacist dispenses an emergency prescription pursuant to subsection C, the pharmacist may dispense one
additional emergency refill prescription of up to a thirty day supply of the prescribed medication.

E. A pharmacist who is not licensed in this state, but who is currently licensed in another state, may dispense
prescription medications in those affected counties, cities or towns in this state during the time that a
declared state of emergency exists pursuant to this section if both of the following apply:

1. The pharmacist has proof of licensure in another state.

2. The pharmacist is engaged in a legitimate relief effort during the period of time an emergency has been
declared pursuant to this section.

F. The board may adopt rules for the provision of pharmaceutical care and drug and device delivery during a
declared emergency that is the consequence of a natural disaster or terrorist attack, including the use of
temporary or mobile pharmacy facilities and nonresident licensed pharmacy professionals.

G. A pharmacist's authority to dispense prescriptions pursuant to this section ends when the declared state of
emergency is terminated.