Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 92 - PHARMACISTS AND PHARMACIES (§§ 17-92-101 — 17-92-1201) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-92-101 — 17-92-120) › Section 17-92-115 - Requirements for administering and dispensing under statewide protocol

(a)
When initiating therapy and administering or dispensing, or both, under a statewide protocol, a pharmacist shall:
(1)
Notify the primary care provider of the patient of any drug or device furnished to the patient or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by the primary care provider;
(2)
Provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patient's choice, if the patient does not have a primary care provider; and
(3)
(A)
Make a standardized fact sheet available to the recipient of the drug or device.
(B)
The standardized fact sheet shall include without limitation:
(i)
The indications and contraindications for the use of the drug or device;
(ii)
The appropriate method for the use of the drug or device;
(iii)
The need for medical follow-up; and
(iv)
Other appropriate information.
(b)
(1)
In addition to the requirements under subsection (a) of this section, when initiating therapy and administering or dispensing, or both, oral contraceptives under a statewide protocol, a pharmacist shall:
(A)
Complete a training program related to oral contraceptives that has been approved by the Arkansas State Board of Pharmacy;
(B)
(i)
Screen a patient seeking oral contraceptives to assess whether the patient has been seen by a primary care provider or women's healthcare provider within the previous six (6) months.
(ii)
If the patient has not been seen by a primary care provider or women's healthcare provider within the previous six (6) months, the pharmacist shall:
(a)
Provide the patient with a referral to a local primary care provider or women's healthcare provider; and
(b)
Not dispense more than a six-month supply of oral contraceptives or the equivalent number of refills to the patient until the patient has been seen by a primary care provider or women's healthcare provider.
(iii)
A pharmacist shall not provide the patient with a referral to a licensed abortion provider.
(iv)
The board shall adopt screening assessment procedures and questionnaires to be used by pharmacists throughout the state;
(C)
(i)
Explain verbally to the patient the possible effects of an oral contraceptive, including without limitation the death of an unborn child and possible health complications or adverse reactions as printed by the United States Food and Drug Administration.
(ii)
The patient and pharmacist shall sign an informed consent form that documents the explanation described in subdivision (b)(1)(C)(i) of this section and place the form in the patient's medical record;
(D)
Report the following information to the Department of Health:
(i)
The number of women who receive oral contraceptives without a prescription; and
(ii)
The age of the women who receive oral contraceptives without a prescription;
(E)
Provide a standardized information sheet about the oral contraceptive dispensed to the patient; and
(F)
Write a summary of consultation to be maintained in the patient's medical record.
(2)
A pharmacist shall only initiate therapy and administer or dispense, or both, oral contraceptives under a statewide protocol to an individual who is eighteen (18) years of age or older.
(c)
(1)
In addition to the requirements under subsection (a) of this section, when initiating therapy and administering or dispensing, or both, for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis, or both, under a statewide protocol, a pharmacist shall:
(A)
Within twelve (12) months of initiating therapy and administering or dispensing, or both, complete a training program approved by the board on the use of HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis, which shall include information about:
(i)
Financial assistance programs for HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and
(ii)
Relevant federal guidelines regarding HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and
(B)
Not permit a patient to waive consultation for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis.
(2)
Under a statewide protocol, a pharmacist shall dispense at least a thirty-day supply and up to a sixty-day supply of HIV pre-exposure prophylaxis if:
(A)
(i)
The patient is HIV-negative as documented by a negative HIV test result obtained within the previous seven (7) days from:
(a)
An HIV antigen/antibody test;
(b)
An HIV antibody-only test; or
(c)
A rapid, point-of-care fingerstick blood test approved by the United States Food and Drug Administration.
(ii)
If the test results are not transmitted directly to the pharmacist, the pharmacist shall verify the test results.
(iii)
If the patient tests positive for HIV infection, the pharmacist shall direct the patient to a primary care provider and provide a list of providers and clinics in the region.
(iv)
If the patient does not provide evidence of a negative HIV test, the pharmacist shall test and administer an HIV test and interpret the test results;
(B)
The patient does not report:
(i)
Any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms; and
(ii)
Usage of any contraindicated medication;
(C)
The pharmacist provides counseling to the patient on the ongoing use of HIV pre-exposure prophylaxis, which shall include education about:
(i)
Side effects;
(ii)
Safety during pregnancy and breastfeeding;
(iii)
Adherence to recommended dosing;
(iv)
The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and
(v)
The requirement that subsequent prescriptions for HIV pre-exposure prophylaxis be issued by a primary care provider; and
(D)
To the extent possible, the pharmacist documents the services provided by the pharmacist in the patient record system shared with the primary care provider.
(3)
Under a statewide protocol, a pharmacist shall dispense a course of HIV post-exposure prophylaxis if the pharmacist:
(A)
Screens the patient and determines that the exposure to HIV occurred within the previous seventy-two (72) hours and that the patient otherwise meets the clinical criteria for HIV post-exposure prophylaxis;
(B)
Provides HIV testing or determines that the patient is:
(i)
Willing to undergo HIV testing consistent with federal guidelines; or
(ii)
Unwilling to undergo HIV testing but otherwise eligible for HIV post-exposure prophylaxis;
(C)
Provides counseling to the patient on the ongoing use of HIV post-exposure prophylaxis, which shall include education about:
(i)
Side effects;
(ii)
Safety during pregnancy and breastfeeding;
(iii)
Adherence to recommended dosing;
(iv)
The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and
(v)
The availability of HIV pre-exposure prophylaxis for a person who is at a substantial risk of acquiring HIV; and
(D)
To the extent possible, documents the services provided by the pharmacist in the patient record system shared with the primary care provider.
Amended by Act 2023, No. 314,§ 3, eff. 8/1/2023.
Amended by Act 2021, No. 408,§ 2, eff. 7/28/2021.
Added by Act 2017, No. 284,§ 4, eff. 8/1/2017.