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Arizona Revised Statutes - Title 23 Labor - Section 23-1062.02 Off-label prescription of controlled substances; prescription of schedule II controlled substances; reports; treatment plans; definition

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23-1062.02. Off-label prescription of controlled substances; prescription of schedule II controlled substances; reports; treatment plans; definition

A. On written request of an interested party as defined in section 23-901, a physician shall include in the report required under commission rule information pertaining to the following:

1. The off-label use of a narcotic, opium based controlled substance or schedule II controlled substance by a claimant.

2. The use of a narcotic or opium based controlled substance or the prescription of a combination of narcotics or opium based controlled substances at or exceeding a one hundred twenty milligram morphine equivalent dose per day.

3. The prescription of a long-acting or controlled release opioid for acute pain.

B. The information required pursuant to subsection A of this section shall include the justification for use of the controlled substance, and a treatment plan that includes a description of measures that the physician will implement to monitor and prevent the development of abuse, dependence, addiction or diversion by the employee. The interested party may also request that the physician submit an inquiry to the Arizona state board of pharmacy requesting prescription information for the employee compiled under the controlled substances prescription monitoring program prescribed in title 36, chapter 28, and that the physician include in the treatment plan a medication contract, a plan for subsequent follow-up visits and drug testing and documentation that the medication regime is providing relief that is demonstrated by improved function.

C. If the physician does not comply with this section:

1. The interested party is not responsible for payment for the physician's services until the physician complies with subsection A of this section.

2. The employer, carrier or commission may request a change of physician.

D. An employer, a carrier or the commission may request the information required pursuant to subsection A of this section and require physician compliance with this section notwithstanding the existence of a prior award addressing medical maintenance benefits for medications. An employer or carrier is not liable for bad faith or unfair claims processing for any act taken in compliance of and consistent with this section.

E. For the purposes of this section, "off-label use" means use of a prescription medication by a physician to treat a condition other than the use for which the drug was approved by the United States food and drug administration.

Last modified: February 19, 2012