Skip to main content

Arizona Revised Statutes Title 13. Criminal Code § 13-3412. Exceptions and exemptions;  burden of proof;  privileged communications

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

A.?The provisions of ???13-3402 and 13-3403, ??13-3404.01, subsection A, paragraph 1 and ???13-3405 through 13-3409 do not apply to:

1.?Manufacturers, wholesalers, pharmacies and pharmacists under the provisions of ???32-1921 and 32-1961.

2.?Medical practitioners, pharmacies and pharmacists while acting in the course of their professional practice, in good faith and in accordance with generally accepted medical standards.

3.?Persons who lawfully acquire and use such drugs only for scientific purposes.

4.?Officers and employees of the United States, this state or a political subdivision of the United States or this state, while acting in the course of their official duties.

5.?An employee or agent of a person described in paragraphs 1 through 4 of this subsection, and a registered nurse or medical technician under the supervision of a medical practitioner, while such employee, agent, nurse or technician is acting in the course of professional practice or employment, and not on his own account.

6.?A common or contract carrier or warehouseman, or an employee of such carrier or warehouseman, whose possession of drugs is in the usual course of business or employment.

7.?Persons lawfully in possession or control of controlled substances authorized by title 36, chapter 27? ���1 or the rules adopted pursuant to title 36, chapter 27.

8.?The receipt, possession or use, of a controlled substance included in schedule I of ??36-2512 or the rules adopted pursuant to ??36-2512, by any seriously ill or terminally ill patient, pursuant to the prescription of a doctor in compliance with the provisions of ??13-3412.01.

B.?In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of this chapter the burden of proof of any such exception, excuse, defense or exemption is on the defendant.

C.?In addition to other exceptions to the physician-patient privilege, information communicated to a physician in an effort to procure unlawfully a prescription-only, dangerous or narcotic drug, or to procure unlawfully the administration of such drug, is not a privileged communication.

1 ?Section 36-2501 et seq.

Cite this article: FindLaw.com - Arizona Revised Statutes Title 13. Criminal Code § 13-3412. Exceptions and exemptions;  burden of proof;  privileged communications - last updated March 08, 2022 | https://codes.findlaw.com/az/title-13-criminal-code/az-rev-st-sect-13-3412/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard