Arizona Revised Statutes § 32-1974, as created by Laws 2009, Chapter 41, authorizes pharmacists to administer certain immunizations to adults in compliance with rules adopted by the Board of Pharmacy.  This statute also makes the Arizona Department of Health Services (Department) exempt from rulemaking requirements of Title 41, Chapter 6, in establishing and maintaining "a list of immunizations or vaccines that may be administered by a pharmacist only pursuant to a prescription order."

The Department is adopting in R9-6-1301 a rule specifying those immunizations or vaccines that require a prescription order before being administered to an individual by a pharmacist.

The Department submitted a Notice of Public Information for this rulemaking, which was published in the Arizona Administrative Register on September 4, 2009.  The Notice of Public Information stated that the Department would hold a public hearing on October 5, 2009, and would consider the recommendation of an advisory committee established by the Board of Pharmacy under Section 3 of Laws 2009, Chapter 41, and input received from the public in creating the list of immunizations or vaccines requiring a prescription order.

After the public hearing and close of record for this rulemaking, the Department submitted a Notice of Exempt Rulemaking to the Office of the Secretary of State on October 5, 2009.  The rule is effective as of that date.  The Notice of Exempt Rulemaking was published in the Arizona Administrative Register on October 30, 2009.