Section R4-19-511. Prescribing and Dispensing Authority; Prohib- ited Acts

A.      The Board shall authorize an RNP to prescribe and dispense (P&D) drugs and devices within the RNP's population focus only if the RNP does all of the following:

1.        Obtains authorization by the Board to practice as a regis- tered nurse practitioner;

2.        Applies for prescribing and dispensing privileges on the application for registered nurse practitioner certification;

3.        Submits a completed verified application on a form pro- vided by the Board that contains all of the following information:

a.         Name, address, e-mail address and home telephone number;

b.        Arizona registered nurse license number, or copy of compact license;

c.         Nurse practitioner population focus;

d.        Nurse practitioner certification number issued by the Board; and

e.         Business address and telephone number;

4.        Submits evidence of a minimum of 45 contact hours of education within the three years immediately preceding the application, covering one or both of the following topics consistent with the population focus of education and certification:

a.         Pharmacology, or

b.        Clinical management of drug therapy, and

5.        Submits the required fee.

B.       An applicant who is denied P & D authority may request a hearing by filing a written request with the Board within 30 days of service of the Board's order denying the P & D author- ity. Board hearings shall comply with A.R.S. Title 41, Chapter 6, Article 10, and 4 A.A.C. 19, Article 6.

C.      An RNP shall not prescribe or dispense drugs or devices with- out Board authority or in a manner inconsistent with law. The Board may impose an administrative or civil penalty for each violation, suspend the RNP's P & D authority, or impose other sanctions under A.R.S. § 32-1606(C). In determining the appropriate sanction, the Board shall consider factors such as the number of violations, the severity of each violation, and the potential for or existence of patient harm.

D.      In addition to acts listed under R4-19-403, for a nurse who prescribes or dispenses a drug or device, a practice that is or might be harmful to the health of a patient or the public, includes one or more of the following:

1.        Prescribing a controlled substance to oneself or a member of the nurse's family;

2.        Providing any controlled substance or prescription-only drug or device for other than accepted therapeutic pur- poses;

3.        Delegating the prescribing and dispensing of drugs or devices to any other person;

4.        Prescribing for a patient that is not in the registered nurse practitioner’s population focus of education and certifica- tion except as authorized in subsection (D)(5)(d); and

5.        Prescribing, dispensing, or furnishing a prescription drug or a prescription-only device to a person unless the nurse has examined the person and established a professional

relationship, except when the nurse is engaging in one or more of the following:

a.         Providing temporary patient care on behalf of the patient's regular treating and licensed health care professional;

b.        Providing care in an emergency medical situation where immediate medical care or hospitalization is required by a person for the preservation or health, life, or limb;

c.         Furnishing a prescription drug to prepare a patient for a medical examination; or

d.        Prescribing antimicrobials to a person who is believed to be at substantial risk as a contact of a patient who has been examined and diagnosed with a communicable disease  by  the prescribing  RNP even if the contact is not in the population focus of the registered nurse practitioner’s certification.

Historical Note

Adopted effective November 25, 1996 (Supp. 96-4). Sec- tion repealed; new Section made by final rulemaking at 11 A.A.R. 3804, effective November 12, 2005

(Supp. 05-3). Amended by final rulemaking at 19 A.A.R.

1438, effective July 6, 2013 (Supp. 13-2).