Administrative Code

Protecting the Public's Health
Arizona Board of Medical Examiners
9545 E. Doubletree Ranch Rd.
Scottsdale, AZ 85258-5539   480-551-2700
(Toll Free Within Arizona: 877-255-2212)

 

 


Title 4
PROFESSIONS AND OCCUPATIONS 

Chapter 16
BOARD OF MEDICAL EXAMINERS

Pursuant to the Statutory Authority of
A.R.S. 32-1401 et seq.

 
ARTICLE 1
GENERAL PROVISIONS
 
R4-16-101
Continuing medical education
 
A.
Every calendar year, each person holding an active license to practice medicine in this State shall complete twenty credit hours of the continuing medical education required by A.R.S. 32-1434.  One hour of credit will be allowed for each clock hour of participation in approved continuing medical education activities, unless otherwise designated in Subsection B below.
 
B.
Approved continuing medical education activities include the following:

1.  Internship, residency or fellowship in a teaching institution approved by the American Medical Association or the Association of American Medical Colleges or the American Osteopathic Association.  One credit hour may be claimed for each full day of training.  No other credit may be claimed during the time a physician is in full-time training in an accredited program.  Less than full-time study may be claimed on a pro-rata basis.

 2.  Education for an advanced degree in a medical or medically related field in a teaching institution approved by the American Medical Association or the Association of American Medical Colleges or the American Osteopathic Association.  One credit hour may be claimed for each full day of study.  Less than full-time study may be claimed on a pro-rata basis.

 3.  Full-time research in a teaching institution approved by the American Medical Association or the Association of American Medical Colleges or the American Osteopathic Association.  One credit hour may be claimed for each full day of research.  Less than full-time study may be claimed on a pro-rata basis.

 4.  Education certified as Category 1 by an organization accredited by the Accreditation Council on Continuing Medical Education.

 5.  Medical educational programs designed to provide necessary understanding of current developments, skills, procedures or treatment related to the practice of medicine, provided by organizations or institutions that have not been accredited by the Accreditation Council on Continuing Medical Education.

 6.  Serving as an instructor of medical students, house staff, other physicians or allied health professionals from a hospital or institution with a formal training program, where the instruction activities are such as will provide the licentiate with necessary understanding of current developments, skills, procedures or treatment related to the practice of medicine.

 7.  Publication or presentation of a medical paper, report, book that is authored and published and deals with current developments, skills, procedures or treatment related to the practice of medicine.  Credits may be claimed only for materials presented.  Credits may be claimed once as of the date of publication or presentation.  One credit hour may be reported per hour of preparation, writing and/or presentation.

 8.  Credit hours may be earned for any of the following activities which provide necessary understanding of current developments, skills, procedures or treatment related to the practice of medicine:

(a) completion of a medical education program based on self-instruction which utilized videotapes, audiotapes, films, filmstrips, slides, radio broadcasts and computers;

(b) independent reading of scientific journals and books;

(c) preparation for specialty Board certification or recertification examinations;

(d) participation on a staff committee or quality of care and/or utilization review in a hospital or institution or government agency.

 
C.
If a person holding an active license to practice medicine in this State fails to meet the foregoing requirements because of illness, military service, medical or religious missionary activity, residence in a foreign country, or other extenuating circumstances, the Board, upon appropriate written application, may grant an extension of time to complete same on an individual basis.
 
D.
Each year, with the application for renewal of an active license to practice medicine in this State, the Board will include a form which requires the person holding the license to certify by signature, under penalty of perjury, that he or she has met the stipulated continuing medical education requirements.  In addition, the Board may randomly require physicians submitting such a certification to demonstrate, prior to renewal of license, satisfaction of the continuing medical education requirements stated in his or her certification.
 
R4-16-102.
Rehearing or Review of Board Decision
 
A.
A motion for rehearing or review shall be filed as follows:
 

1.  Except as provided in subsection (B), any party in a contested case may file a written motion for rehearing or review of the Board's decision, specifying generally the grounds upon which the motion is based.

 2.  A motion for rehearing or review shall be filed with the Board and served no later that 30 days after the decision of the Board.

 3.  For purposes of this Section, "service" has the same meaning as in A.R.S. 41-1092.09.

 4.  For purposes of this Section, a document is deemed filed when the Board receives the document.

 5.  For purposes of the Section, the terms "contested case" and "party" shall have the same meaning as in A.R.S. 41-1001.

 
B.
If the Board makes a specific finding that it is necessary for a particular decision to take immediate effect to protect the public health and safety, or that a rehearing or review of the Board's decision is impracticable or contrary to the public interest, the decision shall be issued as a final decision without opportunity for rehearing or review and shall be a final administrative decision for purposes of judicial review.
 
C.
A written response to a motion for rehearing or review may be filed and served within 15 days after service of the motion for rehearing or review. The Board may require the filing of written briefs upon any issues raised in the motion and may provide for oral argument.
 
D.
A rehearing or review of a decision may be granted for any of the following reasons materially affecting a party's rights:
 

1.  Irregularity in the administrative proceedings by the Board, its hearing officer, or the prevailing party, or any ruling or abuse of discretion, that deprives the moving party of a fair hearing;

 2.  Misconduct of the Board, its hearing officer, or the prevailing party;

 3.  Accident or surprise that could have not been prevented by ordinary prudence;

 4.  Material evidence, newly discovered, which with reasonable diligence could not have been discovered and produced at the original hearing;

 5.  Excessive or insufficient penalties;

 6.  Error in the admission or rejection of evidence, or other errors of law that occurred at the hearing;

 7.  The decision is the result of a passion or prejudice; or

 8.  The decision of findings of fact or decision is not justified by the evidence or is contrary to law.

 
E.
A rehearing or review may be granted to all or any of the parties and on all or part of the issues for any of the reasons in subsection (D). The Board may take additional testimony, amend findings of fact and conclusions of law, or make new findings and conclusions, and affirm, modify, or reverse the original decision.
 
F.
A rehearing or review, if granted, shall be a rehearing or review only of the question upon which the decision is found erroneous. An order granting a rehearing or review shall specify with particularity the grounds for the order.
 
G.
Not later than 15 days after a decision is issued, the Board of its own initiative may order a rehearing or review for any reason that it might have granted a rehearing or review on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the Board may grant a timely- served motion for a rehearing or review, for a reason not stated in the motion. In either case, the Board shall specify in the order the grounds for the rehearing or review.
 
H.
If a motion for rehearing or review is based upon affidavits, they shall be served with the motion. The opposing party may, within 15 days after service, serve opposing affidavits. The Board may extend this period for a maximum of 20 days either by the Board for good cause, or by the parties by written stipulation. The Board may permit reply affidavits.
 
R4-16-103.
Licensure by Endorsement
 
A.
An applicant for licensure by endorsement may request from the Board, in writing, an extension beyond the 7-year time period provided by A.R.S. 32-1426(B)(4) for passage of one of the combinations of examinations specified in that subsection.  An applicant shall submit the request to the Board together with evidence that:
 

1.  The applicant meets all requirements for licensure and for taking the United States Medical Licensing Examination,

 2.  The combination of examinations cannot be passed in the time required by law, and

 3.  The applicant is:

 a.  A full-time student in an approved school of medicine;

 b.  A participant in an approved hospital internship, residency, or clinical fellowship program; or

 c.  A full-time student in a recognized degree program concurrently or consecutively with medical school or postgraduate training.

 
B.
A requested extension shall be granted by the Board upon the Board determining that an applicant has submitted evidence which satisfies the requirements of subsection (A),
 
C.
An applicant may be granted an extension of up to 10 years from the date of the successful completion of the 1st part of the combination of examinations.
 
D.
An applicant who is denied an extension may request a hearing to contest the denial by filing a written notice with the Board within 15 days of receipt of notice of the Board's action.  A hearing shall be conducted in accordance with A.R.S. Title 41, Chapter 6, Article 6.
 
E.
For purposes of this Section, a "recognized degree program" means an education program that is offered by a college or university approved by the New England Association of Schools and Colleges, Middle States Association of Colleges and Secondary Schools, North Central Association of Colleges and Schools, Northwest Association of Schools and Colleges, Southern Association of Colleges and Schools, or the Western Association of Schools and Colleges; or accredited by the United States Department of Education, the Council on Postsecondary Accreditation, the Association of American Medical Colleges, the Association of Canadian Medical Colleges, or the American Medical Association.
 
R4-16-104.
Time Frames for Licenses, Permits and Registrations
 
A.
For each type of license, permit, or registration issued by the Board, the overall time frame described in A.R.S. 41-1072(2) is listed in Table 1.
 
B.
For each time of license, permit, or registration issued by the Board, the administrative completeness review time-frame described in A.R.S. 41-1072(1) is listed in Table 1 and begins on the date the Board receives an application and all required documents and information.
 

1.  If the required application is not administratively complete, the Board shall send to the applicant, a deficiency notice.

 a.  The notice shall state each deficiency and the information needed to complete the application and documents.

 b.  Within the time provided in Table 1 for response to a deficiency notice, beginning on the date of mailing of a deficiency notice, an applicant shall submit to the Board the missing documents and information specified in the notice.  The time-frame for the Board to finish the administrative completeness review is suspended from the date the Board mails the deficiency notice to the applicant until the date the Board receives the missing documentation and information.

 c.  Under A.R.S. 32-1427(E), an applicant for an initial license by examination or endorsement who disagrees with the deficiency notice may request a hearing before the Board at its next regular meeting if there is time at that meeting to hear the matter.  The board shall not delay a requested hearing beyond 1 regularly scheduled meeting.  At any hearing granted under this subsection, the applicant shall have the burden of proof to demonstrate that the alleged deficiencies do not exist.

 d.  Under A.R.S. 32-1427(F), if an applicant for initial license by examination or endorsement does not submit the missing documents and information indicated in the deficiency notice within the time-frame specified in subsection (B)(1)(b), the Board shall deem the application withdrawn.

 2.  If the application is administratively complete, the Board shall send a written notice of administrative completeness to the applicant.

 3.  If the application and submitted documents and information do not contain all of the components required by statute and rule, the Board shall send a written notice to the applicant informing the applicant that the application is deemed withdrawn.

 
C.
For each type of license, permit, or registration issued by the Board, the substantive review time-frame described in A.R.S. 41-1072(3) is listed at Table 1 and begins on the date the Board sends written notice of administrative completeness to the applicant.
 

1.  During the substantive review time frame, the Board may make 1 comprehensive written request for additional information.  The applicant shall submit to the Board the additional information identified by the comprehensive written request within the time provided in Table 1, beginning on the date of mailing of the comprehensive written request for additional information.  The time frame for the Board to finish the substantive review is suspended from the date the Board mails the comprehensive written request for additional information to the applicant until the Board receives the additional information.

 2.  The Board shall issue a written notice of denial of license, permit, or registration if the Board determines that the applicant does not meet all of the substantive criteria required by statute and rule for a license, permit, or registration.

 3.  The Board shall issue a written notice informing the applicant that the application is deemed withdrawn if the applicant does not submit the requested additional information within the time-frame in Table 1.

 4.  If the applicant meets all of the substantive criteria required by statute and rule for license, permit, or registration, the Board shall issue a license, permit, or registration to the applicant.

Table 1.  Time Frames (in calendar days)

Type of License Overall Time- Frame Administrative Review Time- Frame  Time of Respond to Deficiency Notice Substantive Review Time-Frame Time to Respond to Request for Additional Information
Initial License by Examination 240 120 365  120 90
Initial License by Endorsement 240 120  365 120  90
Locum Tenens or Pro Bono Registration 120 60 30 60 30
Temporary License

60

30

30

30

30

Teaching License

40

20

30

20

30

Educational Teaching Permit

20

10

10

10 

10

Training Permit

40

20

30

20 

30

Short Term Training Permit

40

20

30

20

30

One-year Training Permit

40

20

30

20

30

Registration to Dispense Controlled Substances and Prescription-only Drugs and Devices

150

45

30

105

30

 
R4-16-105.
Time Frames for License Renewal
 
A.
For renewal of licensure, the overall time-frame described in A.R.S. 41-1072(2) is 90 calendar days.
 
B.
For renewal of licensure, the administrative completeness review time frame described in A.R.S. 41-1072(1) is 90 calendar days and begins on the date the Board receives the renewal application.
 

1.  If the required application is not administratively complete, the Board shall send to the applicant a deficiency notice.  The notice shall state each deficiency and the documents and information needed to complete the renewal application.

 2.  The 90-day time frame for the Board to finish the administrative completeness review is suspended from the date the Board mails the deficiency notice to the applicant until the date the Board receives the needed documents and information.

 3.  If an applicant does not submit a complete renewal application before May 1, the applicant’s license expires, except that the license of a physician who does not renew the license and who has been advised in writing that an investigation is pending at the time the license is due to expire does not expire until the investigation is resolved.  The license of a physician for whom an investigation is pending is suspended on the date it would otherwise expire and the physician shall not practice in this state until the investigation is resolved.

 4.  If the submitted application is administratively complete, the Board shall send a written notice of renewal to the applicant.

 
R4-16-106.
Application for Licensure
 
A.
For purposes of this Article, unless otherwise specified:
 

1. "ECFMG" means Educational Commission for Foreign Medical Graduates.

 2. "FLEX" means Federation Licensing Examination.

 3. "LMCC" means Licentiate of the Medical Council of Canada.

 4. "Medical Condition" means the following physiological, mental, or psychological conditions or disorders:

 (a) chronic and uncorrected orthopedic, visual, speech, or hearing impairments;

 (b) cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, HIV disease, or tuberculosis; or

 (c) specific learning disabilities, dementia, Alzheimer's, bipolar disorder, schizophrenia, paranoia, or any psychotic disorder.

 5. "SPEX" means Special Purposes Examination.

 6. "USMLE" means United States Medical Licensing Examination.

 
B.
An applicant for licensure to practice medicine by endorsement, Step 3 of the USMLE, or by endorsement with the SPEX shall submit the following information on an application form provided by the Board:
 

1. Applicant's full name, social security number, business and home addresses, business and home telephone numbers, and date and place of birth;

 2. Names of the states or provinces in which the applicant has applied for or has been granted a license or registration to practice medicine, including license number, date issued, and current status of the license;

 3. Whether the applicant has had an application for medical licensure denied or rejected by another state or province licensing board, and if so, an explanation;

 4. Whether any disciplinary or rehabilitative action has ever been taken against the applicant by another licensing board, including other health professions, and if so, an explanation;

 5. Whether any disciplinary actions, restrictions, or limitations have been taken against the applicant while participating in any type of training program or by any health care provider, and if so, an explanation;

 6. Whether the applicant has been found in violation of a statute, rule, or regulation of any domestic or foreign governmental agency, and if so, an explanation;

 7. Whether the applicant is currently under investigation by any medical board or peer review body, and if so, an explanation;

 8. Whether the applicant has ever had a medical license disciplined resulting in a revocation, suspension, limitation, restriction, probation, voluntarily surrender, cancellation during an investigation or entered into a consent agreement or stipulation, and if so, an explanation;

 9. Whether the applicant has had hospital privileges revoked, denied, suspended, or restricted, and if so, an explanation;

 10. Whether the applicant has been named as a defendant in a malpractice matter currently pending or that resulted in a settlement or judgment against the applicant, and if so, an explanation;

 11. Whether the applicant has been subjected to any regulatory disciplinary action, including censure, practice restriction, suspension, sanction, or removal from practice, imposed by any agency of the federal or state government, and if so, an explanation;

 12. Whether the applicant has had the authority to prescribe, dispense, or administer medications limited, restricted, modified, denied, surrendered, or revoked by a federal or state agency, and if so, an explanation;

 13. Whether the applicant, within the last 5 years, has or had a medical condition that impairs or limits the applicant's ability to safely practice medicine, and if so, an explanation;

 14. Whether the applicant engages in the illegal use of any controlled substance, habit- forming drug, or prescription medication, and if so, an explanation;

 15. Whether the applicant has consumed intoxicating beverages resulting in the applicant's present ability to exercise the judgment and skills of a medical professional, being impaired or limited, and if so, an explanation;

 16. Whether the applicant has been found guilty or entered into a plea of no contest to a felony, or misdemeanor involving moral turpitude in any state, and if so, an explanation;

 17. A complete list of the applicant's internship, residency, and fellowship training;

 18. Whether the applicant is currently certified by any of the American Board of Medical Specialties;

 19. The applicant's intended specialty;

 20. Consistent with the Board's statutory authority, other information the Board may deem necessary to fully evaluate the applicant;

 21. A photograph of passport quality no larger than 2 X 3 inches taken not more than 60 days before the date of application; and

 22. A notarized statement, signed by the applicant, verifying the truthfulness of the information provided, and that the applicant has not engaged in any acts prohibited by Arizona law or Board rules, and authorizing release of any required records or documents to complete application review.

 
C.
In addition to the application form, an applicant for licensure to practice medicine by endorsement, Step 3 of the USMLE, or endorsement with the SPEX shall submit the following:
 

1. Certified copy of the applicant's birth certificate or passport;

 2. Certified evidence of legal name change if the applicant's legal name is different from that shown on the document submitted under subsection (B)(1);

 3. Complete list of all hospital affiliations and employment for the past 5 years;

 4. Verification of any medical malpractice matter currently pending or resulting in a settlement or judgment against the applicant, including a copy of the complaint and either the agreed terms of settlement or the judgment. The verification must contain the name and address of each defendant, the name and address of each plaintiff, the date and location of the occurrence which created the claim and a statement specifying the nature of the occurrence resulting in the medical malpractice action; and 5. The fee required in A.R.S. 32-1436.

 
D.
In addition to the requirements of subsections (A) and (B), an applicant for licensure to practice medicine by endorsement, by Step 3 of the USMLE, or by endorsement with the SPEX shall have the following directly submitted to the Board:
 

1. The following forms must be included with the application and be completed by persons other than the applicant:

 a. Medical College Certification,

 b. Postgraduate Training Certification,

 c. Clinical Instructor Certification,

 d. ECFMG certification if applicant is an international graduate,

 e. Federation of State Medical Boards Disciplinary Search,

 f. American Medical Association Physician Profile, and

 g. Verification of American Board of Medical Specialty Certification, if applicable;

 2. Examination and Board History Report scores for USMLE, FLEX, and SPEX;

 3. Verification of LMCC exam score, state written exam score, or national board exam score;

 4. Verification of licensure from every state in which the applicant has ever held a medical license; and

 5. Verification of all hospital affiliations and employment for the past 5 years. This must be submitted by the verifying entity on its official letterhead.

 
R4-16-107.
Application for Pro Bono Registration
 
A.
An applicant for a pro bono registration to practice medicine shall submit an application on a form provided by the Board that provides the information required by R4-16-106(B).
 
B.
In addition to the application, an applicant for a pro bono registration to practice medicine shall submit the following:
 

1. Certified copy of the applicant's medical degree diploma;

 2. Certified copies of internship, residency, or fellowship certificates;

 3. Photocopy of any current license to practice medicine in another state, territory, or possession of the United States or the District of Columbia, along with a letter from the medical board issuing the license, certifying that the license is current and in good standing;

 4. Certified copy of ECFMG certificate, if applicable;

 5. The fee required in A.R.S. 32-1436.

 
C.
In addition to the requirements of subsections (A) and (B), an applicant for pro bono registration shall have the following directly submitted to the Board:
 

1. American Medical Association physician profile;

 2. Federation of State Medical Boards disciplinary search; and

 3. Verification of licensure from every state in which the applicant has ever held a license.

 
R4-16-108.
Application for Locum Tenens Registration
 
A.
An applicant for a locum tenens registration to practice medicine shall submit an application on a form provided by the Board that provides the information required by R4-16-107(A).
 
B.
In addition to the application, an applicant for a locum tenens registration to practice medicine shall submit the following:
 

1. Certified copy of the applicant's medical degree diploma;

 2. Certified copies of internship, residency, or fellowship certificates;

 3. A statement completed by the sponsoring Arizona-licensed physician giving the reason for the request for issuance of the registration; and

 4. Certified copy of ECFMG certificate, if applicable.

 
C.
In addition to the requirements of subsections (A) and (B), an applicant for locum tenens registration shall have the following directly submitted to the Board:
 

1. American Medical Association physician profile;

 2. Federation of State Medical Boards disciplinary search; and

 3. Verification of licensure from every state in which the applicant has ever held a license.

 
ARTICLE 2
DISPENSING OF DRUGS
 
R4-16-201.
Registration and renewal
 
A.
A physician who wishes to dispense controlled substances and prescription-only drugs and devices shall be currently licensed to practice medicine in the state of Arizona and shall provide to the Board the following:
 

1.  A completed form for registration, furnished by the Board, which includes the following information:

 a.  The physician's name, license number and field of practice;

 b.  A listing of the types of drugs and devices the physician desires to dispense, including prescription-only and controlled substances; and

 c.  The location or locations where the physician desires to dispense.

 2.  A copy of the physician's current Drug Enforcement Administration Certificate of Registration for each dispensing location from which the physician desires to dispense controlled substances.

 3.  The statutorily required fee.

 
B.
A physician shall renew a registration to dispense drugs and devices by complying with the requirements set forth in subsection (A) on or before June 30 of each year.  When a physician has made timely and complete application for the renewal of a registration, the physician may continue to dispense until the application has been approved or denied by the board.
 
C.
If the completed annual renewal form, all required documentation and the correct fee are not received in the Board's office on or before June 30, the physician shall not dispense drugs and devices until newly registered.  The physician shall register by filing for initial registration pursuant to subsection (A) and shall not dispense drugs and devices until receipt of a new registration.
 
R4-16-202.
Packaging and inventory; exception
 
A.
A physician shall dispense all drugs in prepackaged containers or in light resistant containers with a consumer safety cap, unless a patient or a patient's representative requests a non-safety cap.
 
B.
All drugs dispensed shall be labeled with the following information:
 

1.  The physician's name, address and telephone number;

 2.  The date the drug is dispensed and its expiration date;

 3.  The patient's name; and

 4.  The name, form, name of the manufacturer and strength of the drug, the quantity dispensed, directions for its use, and any cautionary statement necessary for the safe and effective use of the drug.

 
C.
A physician shall secure all controlled substances in a locked cabinet or room and shall control access to the cabinet or room by a written procedure which shall include, at a minimum, designation of the persons who have access to the cabinet or room and procedures for recording requests for access to drugs.  This written procedure shall be made available on demand to the Board or its authorized representatives for inspection or copying.  Prescription-only medications shall be stored so as not to be accessible to patients.
 
D.
Drugs not requiring refrigeration shall be maintained in an area where the temperature does not exceed 85o F.
 
E.
A physician shall maintain an ongoing dispensing log for all controlled substances and the prescription-only medications nalbuphine hydrochloride (Nubain) and butorphanol tartrate (Stadol) dispensed by the physician which includes separate inventory sheets for each controlled substance, nalbuphine hydrochloride, and butorphanol tartrate.  The heading of a dispensing log shall include the following information:
 

1.  The date the drug is dispensed;

 2.  The patient's name;

 3.  The name, form, name of the manufacturer and strength of the drug;

 4.  The number of dosage units dispensed;

 5.  A running total of medication dispensed; and

 6.  The signature of the physician or the person authorized by the physician who dispensed the medication, written next to each entry.

 
F.
The dispensing log required in subsection (E) may be maintained on computer provided that the log is quickly accessible through either on-screen viewing or printing of a copy.
 
G.
This section shall not apply to prepackaged, manufacturer samples of drugs, unless otherwise provided by federal law.
 
R4-16-203.
Prescribing and dispensing requirements
 
A.
A physician shall record on the patient's medical record the name, form and strength of the drug or device dispensed, the quantity or volume dispensed, the date the drug or device is dispensed, the medical reasons for dispensing the drug or device, and the number of refills authorized.
 
B.
Prior to delivery to the patient, a physician shall review the prepared drugs and devices to ensure their compliance with the prescription and, additionally, ensure that the patient has been informed of the name of the drug or device, directions for its use, precautions, and storage requirements.
 
C.
A physician shall purchase all dispensed drugs and devices from a manufacturer or distributor approved by the United States Food and Drug Administration, or a pharmacy holding a current, valid permit from the Arizona Board of Pharmacy.
 
D.
The person who prepares drugs and devices for dispensing shall countersign and date the original prescription form for the drugs and devices.
 
E.
For purposes of this article, "dispensing" means the delivery of a drug or device to a patient for use outside the physician's office.
 
R4-16-204.
Recordkeeping and reporting shortages
 
A.
All original prescription orders dispensed from a physician's office shall be dated, consecutively numbered in the order in which they were originally dispensed, and filed separately from the patient medical records.  Original prescription orders for Schedule II drugs or other controlled substances, shall be maintained separately from other prescription orders.
 
B.
A physician shall maintain drug purchase orders and invoices for controlled substances, nalbuphine hydrochloride and butorphanol tartrate which are received, and original prescription orders for all drugs for a period of three years from the date of the order.  Dispensing logs and destruction records shall also be maintained for three years.
 
C.
A physician who determines that drugs have been illegally removed from the physician's office, or that a drug shortage exists in controlled substances maintained for dispensing, shall immediately notify a local law enforcement agency and thereafter, provide that agency with a report in writing, with copies to the Drug Enforcement Administration and the Board within seven days of the discovery.
 
D.
For purposes of this section, "Schedule II drugs or other substances" means the controlled substances identified, defined or listed in A.R.S. 36-2513 and the following hallucinogenic substances:
 

1.  Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved drug product.

 2.  Nabilone.

 
R4-16-205.
Inspections; denial and revocation
 
A.
A physician shall cooperate with and allow access by the Board or its authorized representatives to the physician's office and records during periodic inspections of dispensing practices by the Board.  Failure to cooperate or allow access shall be grounds for revocation of a physician's registration to dispense or denial of renewal of registration.
 
B.
Failure to comply with A.R.S. 32-1491 or this article shall constitute grounds for denial or revocation of registration.
 
C.
A physician's registration to dispense drugs and devices shall be revoked by the Board upon occurrence of the following:
 

1.  Suspension, revocation or cancellation of the physician's license;

 2.  Placement of the physician's license on inactive status;

 3.  Failure to timely renew the physician's license; or

 4.  Restriction of the physician's ability to prescribe or administer medication, including loss or expiration of a physician's Drug Enforcement Administration Certificate of Registration.

 
D.
A physician denied registration may request a hearing to appeal the decision by filing the request, in writing, with the Board, not later than 10 days after receipt of the notice denying the registration.
 
ARTICLE 3
MEDICAL ASSISTANTS
 
R4-16-301.
Definitions
 
For the purposes of A.R.S. Title 32, Chapter 13 and of this Chapter, unless the context otherwise requires:
 
"Approved medical assistant training program" means a program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP), the Accrediting Bureau of Health Education Schools (ABHES), a medical assisting program accredited by any accrediting agency recognized by the United States Department of Education, or a training program designed and offered by a licensed allopathic physician, that meets or exceeds any of these 3 accrediting programs, and verifies the entry level competencies of a medical assistant referenced in R4-16-303.
 
R4-16-302.
Medical Assistant Training Requirements
 
A.
The supervising physician or physician assistant shall ensure that a medical assistant satisfies 1 of the following training requirements prior to the medical assistant's employment:
 
1.  Completion of an approved medical assistant training program.

2.  Completion of an unapproved medical assistant training program and passage of the medical assistant examination administered by either the American Association of Medical Assistants or the American Medical Technologists.
 
B.
This rule does not apply to any person who:
 
1.  Prior to the effective date of these rules completed an unapproved medical assistant training program and was employed as a medical assistant since completion of the program.

2.  Prior to the effective date of these rules was directly supervised by the same physician, group of physicians, or physician assistant for at least 2000 hours.

3.  Completes a medical services training program of the Armed Forces of the United States.
 
R4-16-303.
Authorized Procedures for Medical Assistants
 
A.
A medical assistant may perform, under the direct supervision of a physician or physician assistant, the medical procedures listed in the April 1999, Commission on Accreditation of Allied Health Education Program's "Standards and Guidelines for an Accredited Educational Program for the Medical Assistant, Section (2) (A) (5) (a through c)." The address is 35 East Wacker Drive, Suite 1970, Chicago, Illinois, 60601. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Office of the Secretary of State.
 
B.
In addition to the medical procedures in subsection (A), a medical assistant may administer the following under the direct supervision of a physician or physician assistant:
 

1. Whirlpool treatments,

2. Diathermy treatments,

3. Electronic galvation stimulation treatments,

4. Ultrasound therapy,

5. Massage therapy,

6. Traction treatments,

7. Transcutaneous Nerve Stimulation unit treatments,

8. Hot and cold packs treatments,

9. Small volume nebulizer treatments.


The "Standards and Guidelines" referenced above may be obtained free of charge from www.caahep.org.

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