32-1921

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 pursuant to rules adopted by the board of nursing in
consultation with the Arizona medical board, the board of osteopathic examiners in
medicine and surgery and the 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.

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.

(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.