32-1921. Exempted acts; exemption from registration fees; definition
A. This chapter does not prevent:
1. The prescription and dispensing of drugs or prescription medications by a registered nurse practitioner or clinical nurse specialist pursuant to rules adopted by the Arizona state board of nursing in consultation with the Arizona medical board, the Arizona board of osteopathic examiners in medicine and surgery and the Arizona state board of pharmacy.
2. The sale of nonprescription drugs that are sold at retail in original packages by a person holding a permit issued by the board under this chapter. This chapter does not require a person to hold a board-issued permit to sell only nonprescription drugs at retail in original packages.
3. The sale of drugs at wholesale by a wholesaler or manufacturer that holds the required permit issued by the board to a person who holds the required permit issued under this chapter.
4. The manufacturing of drugs by a person who is not a pharmacist and who holds the required permit issued by the board under this chapter.
5. The following health professionals from dispensing or personally administering drugs or devices to a patient for a condition being treated by the health professional:
(a) A doctor of medicine licensed pursuant to chapter 13 of this title.
(b) An osteopathic physician licensed pursuant to chapter 17 of this title.
(c) A homeopathic physician licensed pursuant to chapter 29 of this title.
(d) A podiatrist licensed pursuant to chapter 7 of this title.
(e) A dentist licensed pursuant to chapter 11 of this title.
(f) A doctor of naturopathic medicine who is authorized to prescribe natural substances, drugs or devices and who is licensed pursuant to chapter 14 of this title.
(g) An optometrist who is licensed pursuant to chapter 16 of this title and who is certified for topical or oral pharmaceutical agents.
6. A veterinarian licensed pursuant to chapter 21 of this title from dispensing or administering drugs to an animal or from dispensing or administering devices to an animal being treated by the veterinarian.
7. The use of any pesticide chemical, soil or plant nutrient or other agricultural chemical that is a color additive solely because of its effect in aiding, retarding or otherwise affecting directly or indirectly the growth or other natural physiological process of produce of the soil and thereby affecting its color whether before or after harvest.
8. A licensed practical or registered nurse employed by a person licensed pursuant to chapter 7, 11, 13, 14, 17 or 29 of this title from assisting in the delivery of drugs and devices to patients, in accordance with chapter 7, 11, 13, 14, 17 or 29 of this title.
9. The use of any mechanical device or vending machine in connection with the sale of any nonprescription drug, including proprietary and patent medicine. The board may adopt rules to prescribe conditions under which nonprescription drugs may be dispensed pursuant to this paragraph.
B. A person who is licensed pursuant to chapter 7, 11, 13, 14, 17 or 29 of this title and who employs a licensed practical or registered nurse who in the course of employment assists in the delivery of drugs and devices is responsible for the dispensing process.
C. Pursuant to a prescription order written by a physician for the physician's patients and dispensed by a licensed pharmacist, a physical therapist licensed pursuant to chapter 19 of this title, an occupational therapist licensed pursuant to chapter 34 of this title or an athletic trainer licensed pursuant to chapter 41 of this title may procure, store and administer nonscheduled legend and topical anti-inflammatories and topical anesthetics for use in phonophoresis and iontophoresis procedures and within the scope of practice of physical or occupational therapy or athletic training.
D. A public health facility operated by this state or a county and a qualifying community health center may dispense medication or devices to patients at no cost without providing a written prescription if the public health facility or the qualifying community health center meets all storage, labeling, safety and record keeping rules adopted by the board of pharmacy.
E. A person who is licensed pursuant to chapter 7, 11, 13, 14, 17 or 29 of this title, who is practicing at a public health facility or a qualifying community health center and who is involved in the dispensing of medication or devices only at a facility or center, whether for a charge or at no cost, shall register to dispense with the appropriate licensing board but is exempt from paying registration fees.
F. For the purposes of this section, " qualifying community health center" means a primary care clinic that is recognized as nonprofit under section 501(c)(3) of the United States internal revenue code and whose board of directors includes patients of the center and residents of the center's service area.
Structure Arizona Revised Statutes
Title 32 - Professions and Occupations
§ 32-101 - Purpose; definitions
§ 32-102 - State board of technical registration; members; vacancies; terms
§ 32-103 - Qualifications of members
§ 32-106.01 - Petition for injunction
§ 32-106.02 - Authority to investigate; civil penalties
§ 32-107 - Executive director; duties; compensation
§ 32-108 - Low-voltage electric fence alarm systems; regulation; state preemption
§ 32-109 - Technical registration fund
§ 32-110 - Immunity from personal liability
§ 32-111 - Home inspector rules and standards committee
§ 32-113 - Preemption; power of local authorities
§ 32-121 - Certificate or registration required for practice
§ 32-122 - Qualifications for in-training designation
§ 32-122; Version 2 - Qualifications for in-training registration
§ 32-122.01 - Qualifications for professional registration
§ 32-122.02 - Certification of home inspectors; insurance
§ 32-122.06 - Certification of alarm agents; fee; fingerprinting; temporary certification; renewal
§ 32-122.07 - Denial of alarm business, controlling person or alarm agent certification; appeal
§ 32-123 - Application for registration and certification; denial; hearing
§ 32-124 - Schedule of fees; exemption
§ 32-125 - Seals for registrants
§ 32-126 - Exemptions from examination requirement
§ 32-128 - Disciplinary action; letter of concern; judicial review
§ 32-130 - Review of drawings, plans or design specifications by public agencies
§ 32-131 - Assayer emeritus status
§ 32-144 - Exemptions and limitations; definition
§ 32-145 - Violations; classification
§ 32-146 - Malpractice claim review
§ 32-147 - Board reports; immunity
§ 32-148 - Refusal to obey a subpoena; contempt
§ 32-149 - Transcript copies; cost
§ 32-150 - Failure to comply with board orders; penalty
§ 32-151 - Certify; certification
§ 32-152 - Record documents; definition
§ 32-321 - Nonapplicability of chapter
§ 32-322 - Barber license; application; qualifications
§ 32-323 - Instructor license; application; qualifications
§ 32-325 - School license; application; qualifications
§ 32-326 - Shop or salon license; application; qualifications
§ 32-327 - License expiration and renewal
§ 32-329 - Schools; postsecondary educational institutions
§ 32-2071 - Qualifications of applicants; education; training
§ 32-2071.01 - Requirements for licensure; remediation; credentials
§ 32-2072 - Examinations; exemptions
§ 32-2073 - Temporary licenses; inactive status; reinstatement to active status
§ 32-2075 - Exemptions from licensure
§ 32-2076 - Unauthorized practice of medicine
§ 32-2522 - Applications; interview; withdrawal
§ 32-2523 - Licensure; renewal; continuing education; audit; penalty fee; expiration
§ 32-2524 - Exemption from licensure
§ 32-2525 - Cancellation of license
§ 32-2527 - Change of address; penalty
§ 32-2528 - Inactive license; application; prohibited activities
§ 32-3021 - Private vocational program license; qualifications; provision of information; exemptions
§ 32-3022 - License to grant degrees
§ 32-3023 - Letters of credit, bonds or cash deposits; fund
§ 32-3025 - Application for license; nontransferability; display
§ 32-3123 - Board delegation; executive director
§ 32-3124 - Temporary licensure; rules; fee; applicability
§ 32-3421 - Practicing without a license; prohibition; use of titles
§ 32-3422 - Persons and practices not required to be licensed
§ 32-3423 - Application for licensure; qualifications
§ 32-3424 - Examination for licensure of occupational therapists and occupational therapy assistants
§ 32-3425 - Licensure by endorsement
§ 32-3426 - Renewal of license; inactive status; notice of address or name change
§ 32-3429 - Foreign trained applicants
§ 32-3430 - Fingerprinting; requirement
§ 32-3431 - Occupational therapy licensure compact
§ 32-3521 - Allowable respiratory care services; transactions by medical equipment dealers
§ 32-3522 - Application for licensure
§ 32-3524 - Licensure without examination
§ 32-3525 - Renewal of license; late renewal
§ 32-3921 - Licensure; acts and persons not affected
§ 32-3923 - Use of title or abbreviation by licensee; prohibited acts; posting of license
§ 32-3924 - Qualifications for licensure; fingerprint clearance card
§ 32-3925 - Renewal of license; continuing education
§ 32-3926 - Visiting professor certificate
§ 32-4121 - Persons and activities not required to be licensed
§ 32-4122 - Qualifications for licensure
§ 32-4123 - Application; statement of deficiencies; hearing
§ 32-4124 - License renewal; changes of name or addresses
§ 32-4125 - Reinstatement of license
§ 32-4127 - Temporary licenses
§ 32-4128 - Fingerprinting; requirement
§ 32-4221 - Licensure; persons and activities not required to be licensed
§ 32-4222 - Qualifications for licensure
§ 32-4224 - Application; temporary licensure
§ 32-4225 - License renewal; changes in personal information; notification; continuing education
§ 32-4226 - Renewal of an expired license; reinstatement of a lapsed license
§ 32-4228 - Massage therapy schools; recognition
§ 32-352 - Disciplinary action
§ 32-353 - Grounds for refusal to issue or renew a license or disciplinary action
§ 32-354 - Procedure for disciplinary action; appeal
§ 32-355 - Unlawful acts; violation; classification
§ 32-1051 - Duties of licensees
§ 32-1053 - Denial, revocation or suspension of license
§ 32-1056 - Violation; classification
§ 32-1057 - Prosecution of violations; individual liability
§ 32-1151 - Engaging in contracting without license prohibited
§ 32-1151.01 - Change in ownership; notice to registrar
§ 32-1151.02 - List of unlicensed contractors; website publication
§ 32-1152.01 - Alternatives to cash deposit
§ 32-1153 - Proof of license as prerequisite to civil action
§ 32-1154 - Grounds for suspension or revocation of license; continuing jurisdiction; civil penalty
§ 32-1156.01 - Restitution; prohibition
§ 32-1157 - Appeals; costs; transcript
§ 32-1158 - Contract requirements; provision of documents and receipt at contract signing
§ 32-1158.01 - Swimming pool; spa; construction contracts
§ 32-1158.02 - Residential construction contracts
§ 32-1159 - Indemnity agreements in construction and architect-engineer contracts void; definitions
§ 32-1160 - Claim for termite damages; notice and offer of settlement; applicability; definition
§ 32-1161 - Rights of contractor after suspension of license
§ 32-1162 - Statute of limitations; remedy violations
§ 32-1163 - Effect of chapter upon federal aid contracts
§ 32-1164 - Violation; classification; probation; conditions
§ 32-1165 - Advertising; violation; classification
§ 32-1166 - Cease and desist orders
§ 32-1166.01 - Citation; civil penalties
§ 32-1166.06 - Filing registrar's orders
§ 32-1166.07 - Waiver of civil penalty
§ 32-1168 - Proof of valid license
§ 32-1169 - Building permits; local proof of valid license; violation
§ 32-1261 - Practicing without license; classification
§ 32-1263 - Grounds for disciplinary action; definition
§ 32-1263.03 - Investigation committee; complaints; termination; review
§ 32-1264 - Maintenance of records
§ 32-1265 - Interpretation of chapter
§ 32-1266 - Prosecution of violations
§ 32-1267 - Use of fraudulent instruments; classification
§ 32-1268 - Violations; classification; required proof
§ 32-1269 - Violation; classification; injunctive relief
§ 32-1270 - Deceased or incapacitated dentists; notification
§ 32-1271 - Marking of dentures for identification; retention and release of information
§ 32-1451.01 - Right to examine and copy evidence; witnesses; documents; testimony; representation
§ 32-1451.02 - Disciplinary action; reciprocity
§ 32-1451.03 - Complaints; requirements; confidentiality; exception
§ 32-1451.04 - Burden of proof
§ 32-1455 - Violation; classification
§ 32-1456 - Medical assistants; allowable tasks; training; use of title; violation; classification
§ 32-1458 - Reinstatement of revoked or surrendered license
§ 32-1551.01 - Right to examine and copy evidence; witnesses; documents; testimony; representation
§ 32-1554 - Observance of public health laws and regulations
§ 32-1555 - Unlawful acts; investigations
§ 32-1556 - Prosecution for violations
§ 32-1557 - Violation; classification
§ 32-1560 - Clinical training program; certificate; duties; use of title
§ 32-1561 - Internship, clinical fellowship and preceptorship programs; duties; prohibitions
§ 32-1663 - Disciplinary action
§ 32-1663.01 - Administrative violations; administrative penalty
§ 32-1664 - Investigation; hearing; notice
§ 32-1665 - Rehearing; judicial review
§ 32-1666.01 - Cease and desist orders; injunctive relief
§ 32-1667 - Violations; classification
§ 32-1691 - Exemptions of persons and sales
§ 32-1691.01 - Investigation and adjudication of complaints
§ 32-1693 - Denial, suspension and revocation of license; other disciplinary sanctions
§ 32-1694 - Notice of action; practice pending appeal
§ 32-1696 - Unlawful acts; grounds for disciplinary action; classification
§ 32-1697 - Violations; classification
§ 32-1698 - Prosecution of violations
§ 32-1699 - Injunctions; civil penalties
§ 32-1741 - Practicing optometry without a license prohibited
§ 32-1742 - Registering with board; public registry file; current information
§ 32-1745 - Prehearing conferences; orders
§ 32-1746 - Records; maintenance; confidentiality
§ 32-1747 - Right to examine and copy evidence
§ 32-1747.01 - Medical, physical or mental examinations; duty to report; immunity
§ 32-1748 - Reinstatement; definition
§ 32-1750 - Allegations sufficient to charge violation
§ 32-1751 - Cease and desist orders; injunctive relief
§ 32-1752 - Violation; classification
§ 32-1753 - Practice designations; definition
§ 32-1852 - Rights and duties of osteopathic physicians and surgeons; scope of practice
§ 32-1853.01 - Use of title by a medical assistant
§ 32-1854 - Definition of unprofessional conduct
§ 32-1855.03 - Health care institution duty to report; immunity; patient records; confidentiality
§ 32-1858 - Violations; classification
§ 32-1859 - Medical assistants
§ 32-1861 - Substance abuse treatment and rehabilitation program; private contract; funding
§ 32-1961 - Limit on dispensing, compounding and sale of drugs
§ 32-1961.01 - Remote dispensing site pharmacies
§ 32-1962 - New drug; compliance with federal act; exception
§ 32-1964 - Record of prescription orders; inspections; confidentiality
§ 32-1966 - Acts constituting adulteration of a drug or device
§ 32-1969 - Filling foreign prescription orders; records; exception
§ 32-1970 - Collaborative practice agreements; requirements; rules; definitions
§ 32-1971 - Compounding pharmacies; certain medications; requirements; definitions
§ 32-1972 - Poison or hazardous substances; misbranding and labeling; prohibitions; exemption
§ 32-1973 - Pharmacies; quality assurance
§ 32-1975 - Legend drug products; listing; code identification; exemption; definitions
§ 32-1976 - Dispensing replacement soft contact lenses; prescription
§ 32-1979 - Pharmacists; dispensing opioid antagonists; board protocols; immunity
§ 32-1979.01 - Self-administered hormonal contraceptives; requirements; rules; immunity; definition
§ 32-1979.02 - Oral fluoride varnish; prescription and administration authority; requirements
§ 32-1979.03 - Tobacco cessation drug therapies; prescription authority; requirements; definition
§ 32-2082 - Right to examine and copy evidence; subpoenas; right to counsel; appeal
§ 32-2084 - Violations; classification
§ 32-2085 - Confidential communications
§ 32-2086 - Treatment and rehabilitation program
§ 32-2087 - Psychology interjurisdictional compact
§ 32-2087.01 - Participation in compact as condition of employment; prohibition
§ 32-2087.02 - Open meeting requirements
§ 32-2087.03 - State board of psychologist examiners; notice of commission actions
§ 32-2151 - Disposition of funds; trust money deposit requirements
§ 32-2151.01 - Broker requirements; record keeping requirements; definition
§ 32-2151.02 - Real estate employment agreements; definition
§ 32-2152 - Action by broker or salesperson to collect compensation
§ 32-2153.01 - Consent order; terms
§ 32-2154 - Cease and desist orders; hearing
§ 32-2155 - Restriction on employment or compensation of person as broker or salesperson
§ 32-2156 - Real estate sales and leases; disclosure
§ 32-2157 - Written notice of charges; summary suspension; hearing; voluntary surrender of license
§ 32-2158 - Hearing; witnesses; deposition; service of process
§ 32-2159 - Judicial review; costs; transcript
§ 32-2160 - Filing of complaint by commissioner; prosecution
§ 32-2160.01 - Civil penalties
§ 32-2162 - Sale of cemetery property for speculation unlawful
§ 32-2163 - Unlawful acts; out-of-state broker; cooperation agreement
§ 32-2164 - Unlawful subdivision lot sales
§ 32-2165 - Unlicensed activities; violation; classification
§ 32-2166 - Activities while incarcerated; violation; classification
§ 32-2231 - Acts constituting the practice of veterinary medicine; exceptions; definitions
§ 32-2232 - Unprofessional or dishonorable conduct
§ 32-2233 - Revocation or suspension of license or permit; civil penalty; report of perjury
§ 32-2236 - Refusal to issue or renew license; reapplication
§ 32-2238 - Violations; classification
§ 32-2239.01 - Duty to report; clients seeking controlled substances; immunity
§ 32-2239.02 - Duty of veterinarian to scan for presence of microchip; owner notification
§ 32-2240 - Reporting of unprofessional conduct; immunity
§ 32-2240.01 - Burial in landfill; notification requirement; licensed crematory
§ 32-2391 - Suspension and revocation of license; determination; appeal
§ 32-2392 - Violation; classification
§ 32-2393 - Liability insurance required; amount
§ 32-2394 - Cease and desist orders
§ 32-2822 - Unlawful acts; classification
§ 32-2931 - Violations; classification
§ 32-2932 - Use of title or abbreviation by a licensee
§ 32-2933 - Definition of unprofessional conduct
§ 32-2939 - Medical assistants
§ 32-2941 - Substance abuse and treatment rehabilitation program; private contract; funding
§ 32-2943 - Complaints; statute of limitations
§ 32-3051 - Grounds for disciplinary action
§ 32-3052 - Types of disciplinary action; definition
§ 32-3053 - Persons doing business without a license
§ 32-3054 - Hearing; rehearing or review; surrender of license
§ 32-3056 - Violation; classification
§ 32-3057 - Cease and desist order; injunctive relief; civil penalty
§ 32-3058 - Records; preservation; seizure; confidentiality; release
§ 32-3551 - Use of title; initials; prohibited acts
§ 32-3552 - Grounds for denial of licenses or disciplinary action; judicial review
§ 32-3554 - Reinstatement of license; modification of probation
§ 32-3555 - Hearings and investigations; subpoenas; representation
§ 32-3557 - Injunctive relief; bond; service of process
§ 32-3558 - Violation; classification
§ 32-3631 - Disciplinary proceedings; civil penalties
§ 32-3632 - Hearing and judicial review; costs and fees; appeal
§ 32-3633 - Undue influence; classification
§ 32-3634 - Prohibition against discrimination
§ 32-3635 - Standards of practice; unprofessional conduct
§ 32-3637 - Retention of records; definition
§ 32-3638 - Violation; classification
§ 32-3639 - Damages; injunctive relief
§ 32-3640 - Prohibition; indemnification agreement
§ 32-3951 - Denial, revocation or suspension of license; hearings; alternative sanctions
§ 32-3952 - Right to examine and copy evidence
§ 32-3953 - Injunctive relief; bond; service of process
§ 32-3954 - Violation; classification
§ 32-3955 - Acupuncture assistants; scope of duties; registration required; use of title
§ 32-4041 - Revocation or suspension of certificate
§ 32-4042 - Certificate reinstatement
§ 32-4152 - Use of titles; restrictions; violation; classification
§ 32-4153 - Grounds for disciplinary action
§ 32-4154 - Investigative powers; complaints; emergency action; confidentiality
§ 32-4155 - Informal interviews; hearings
§ 32-4156 - Disciplinary actions; penalties
§ 32-4157 - Unlawful practice; classification; civil penalties; injunctive relief
§ 32-4158 - Reporting violations; immunity
§ 32-4159 - Substance abuse recovery program
§ 32-4160 - Public, confidential and privileged information; exception; display of license
§ 32-4252 - Use of title; restrictions; violation; classification
§ 32-4253 - Disciplinary action; grounds; definitions
§ 32-4255 - Unlawful practice; classification; civil penalties; injunctive relief
§ 32-4256 - Reporting violations; immunity
§ 32-4257 - Third party reimbursement
§ 32-4258 - Regulation by county or municipality
§ 32-4259 - Access to information; confidential information; display of license
§ 32-4260 - Advertising requirements; civil penalty; definitions
§ 32-502 - Barbering and cosmetology board; members; appointment; qualifications; terms
§ 32-503 - Organization; meetings; personnel; compensation
§ 32-505 - Barbering and cosmetology fund
§ 32-506 - Nonapplicability of chapter
§ 32-510 - Aestheticians; applications; qualifications
§ 32-511 - Cosmetologists; applications; qualifications
§ 32-512 - Nail technicians; applications; qualifications
§ 32-512.01 - Hairstylists; applications; qualifications
§ 32-518 - Inactive licenses; reactivation; suspension
§ 32-531 - Instructors; applications; qualifications
§ 32-532 - Instructor reciprocity
§ 32-533 - Instructor examinations; reexaminations
§ 32-535 - Instructor license renewal
§ 32-536 - Instructor practice; instruction
§ 32-537 - Instructor; inactive licenses; reactivation; suspension
§ 32-544 - Salon license renewal
§ 32-545 - Change of ownership or location; change of trade name
§ 32-551 - School licenses; applications; requirements
§ 32-552 - Change of ownership or location; change of trade name
§ 32-556 - Separation of schools from other businesses
§ 32-557 - Services for the public; restrictions
§ 32-558 - Student-school contracts
§ 32-560 - Transfer procedures
§ 32-564 - School license renewal
§ 32-565 - Schools; postsecondary education institutions
§ 32-571 - Disciplinary action
§ 32-572 - Grounds for disciplinary action or refusal to issue or renew license; definition
§ 32-573 - Procedure for disciplinary action; appeal
§ 32-574 - Unlawful acts; violation; classification
§ 32-702 - Arizona state board of accountancy; membership; administrative duties; compensation
§ 32-703 - Powers and duties; rules; executive director; advisory committees and individuals
§ 32-704 - Immunity from liability
§ 32-705 - Board of accountancy fund; disposition of monies
§ 32-707 - Record of proceedings; admissibility as evidence
§ 32-721 - Certified public accountants; qualifications
§ 32-723 - Uniform certified public accountant examination; qualifications
§ 32-725 - Limited reciprocity privilege; qualifications; definition
§ 32-730 - Biennial registration; continuing professional education
§ 32-730.01 - Inactive status; exception
§ 32-730.06 - Relinquished status
§ 32-741 - Revocation or suspension of certificate; disciplinary action; letter of concern