32-1904

32-1904. Powers and duties of board;
immunity

A. The board shall:

1. Make bylaws and adopt rules that are necessary for the protection of the public
and that pertain to the practice of pharmacy, the manufacturing, wholesaling or supplying
of drugs, devices, poisons or hazardous substances, the use of pharmacy technicians and
support personnel and the lawful performance of its duties.

2. Fix standards and requirements for the registration and reregistration of
pharmacies, except as otherwise specified.

3. Investigate compliance as to the quality, label and labeling of all drugs,
devices, poisons or hazardous substances and take action necessary to prevent the sale of
these if they do not conform to the standards prescribed in this chapter, the official
compendium or the federal act.

4. Enforce its rules. In so doing, the board or its agents have free access at all
reasonable hours to any pharmacy, manufacturer, wholesaler, nonprescription drug
permittee or other establishment in which drugs, devices, poisons or hazardous substances
are manufactured, processed, packed or held, or to enter any vehicle being used to
transport or hold such drugs, devices, poisons or hazardous substances for the purpose:

(a) Of inspecting the establishment or vehicle to determine if any provisions of
this chapter or the federal act are being violated.

(b) Of securing samples or specimens of any drug, device, poison or hazardous
substance after paying or offering to pay for such sample.

5. Examine and license as pharmacists and pharmacy interns all qualified applicants
as provided by this chapter.

6. Issue duplicates of lost or destroyed permits on the payment of a fee as
prescribed by the board.

7. Adopt rules for the rehabilitation of pharmacists and pharmacy interns as
provided by this chapter.

8. At least once every three months, notify pharmacies regulated pursuant to this
chapter of any modifications on prescription writing privileges of podiatrists, dentists,
doctors of medicine, registered nurse practitioners, osteopathic physicians,
veterinarians, physician assistants, optometrists and homeopathic physicians of which it
receives notification from the board of podiatry examiners, board of dental examiners,
Arizona medical board, board of nursing, board of osteopathic examiners in medicine and
surgery, veterinary medical examining board, Arizona regulatory board of physician
assistants, board of optometry or board of homeopathic and integrated medicine examiners.

B. The board may:

1. Employ chemists, compliance officers, clerical help and other employees and
provide laboratory facilities for the proper conduct of its business.

2. Provide, by education of and information to the licensees and to the public,
assistance in the curtailment of abuse in the use of drugs, devices, poisons and
hazardous substances.

3. Approve or reject the manner of storage and security of drugs, devices, poisons
and hazardous substances.

4. Accept monies and services to assist in the enforcement of this chapter from
other than licensees:

(a) For performing inspections and other board functions.

(b) For the cost of copies of the pharmacy and controlled substances laws, the
annual report of the board and other information from the board.

5. Adopt rules for professional conduct appropriate to the establishment and
maintenance of a high standard of integrity and dignity in the profession of pharmacy.

6. Grant permission to deviate from a state requirement for experimentation and
technological advances.

7. Adopt rules for the training and practice of pharmacy interns, pharmacy
technicians and support personnel.

8. Investigate alleged violations of this chapter, conduct hearings in respect to
violations, subpoena witnesses and take such action as it deems necessary to revoke or
suspend a license or a permit, place a licensee or permittee on probation or warn a
licensee or permittee under this chapter or to bring notice of violations to the county
attorney of the county in which a violation took place or to the attorney general.

9. By rule, approve colleges or schools of pharmacy.

10. By rule, approve programs of practical experience, clinical programs, internship
training programs, programs of remedial academic work and preliminary equivalency
examinations as provided by this chapter.

11. Assist in the continuing education of pharmacists and pharmacy interns.

12. Issue inactive status licenses as provided by this chapter.

13. Accept monies and services from the federal government or others for
educational, research or other purposes pertaining to the enforcement of this chapter.

14. By rule, except from the application of all or any part of this chapter any
material, compound, mixture or preparation containing any stimulant or depressant
substance included in section 13-3401, paragraph 6, subdivision (b) or (c) from the
definition of dangerous drug if the material, compound, mixture or preparation contains
one or more active medicinal ingredients not having a stimulant or depressant effect on
the central nervous system, provided that such admixtures are included in such
combinations, quantity, proportion or concentration as to vitiate the potential for abuse
of the substances that do have a stimulant or depressant effect on the central nervous
system.

15. Adopt rules for the revocation, suspension or reinstatement of licenses or
permits or the probation of licensees or permittees as provided by this chapter.

C. The executive director and other permanent or temporary personnel or agents of
the board are not subject to civil liability for any act done or proceeding undertaken or
performed in good faith and in furtherance of the purposes of this chapter.