reglab/statecodes huggingface dataset:
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-401 - Applicability to out-of-state operations

(a)
A pharmacy operating outside the state that routinely ships, mails, or delivers in any manner a dispensed legend drug into Arkansas or otherwise practices pharmacy in Arkansas shall hold a pharmacy license issued by the Arkansas State Board of Pharmacy, and that part of the pharmacy operation dispensing the prescription for an Arkansas resident shall abide by Arkansas law and rules of the board.
(b)
(1)
Any pharmacy operating outside the state that routinely ships, mails, or delivers in any manner a dispensed legend drug into Arkansas shall be required to have on staff in the out-of-state pharmacy an Arkansas-licensed pharmacist, who shall be designated the pharmacist-in-charge for the Arkansas out-of-state pharmacy license.
(2)
If the out-of-state pharmacy fails to have on staff an Arkansas-licensed pharmacist due to extended illness, death, resignation, or for any other reason, the pharmacy within ten (10) calendar days shall notify the board of the fact and must within thirty (30) calendar days or such additional time at the discretion of the board not to exceed thirty (30) calendar days, either:
(A)
Secure the services of an Arkansas-licensed pharmacist; or
(B)
Cease to operate as a pharmacy in the State of Arkansas.
(c)
An out-of-state pharmacy that ships, mails, or delivers in any manner a dispensed legend drug into Arkansas shall designate an agent who is a resident of Arkansas for service of process and register the agent with the Secretary of State.
(d)
If under investigation for violation of this chapter, an out-of-state pharmacy shall be required to appear before the board to respond to questions concerning the investigation.
(e)
The board shall have all the powers to enforce this chapter as are granted to the board under §
17-92-101
et seq.
Amended by Act 2019, No. 315,§ 1584, eff. 7/24/2019.
Acts 1983, No. 511, § 8; A.S.A. 1947, § 72-1062; Acts 1999, No. 1486, § 1; 2009, No. 355, § 5.
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-402 - Licensed pharmacist required

(a)
It shall be unlawful for any person not a licensed pharmacist within the meaning of this act to conduct any pharmacy or other facility subject to this subchapter for the purpose of retailing, compounding, dispensing medicines, or otherwise performing the practice of pharmacy as defined in §
17-92-101
in the State of Arkansas except as provided.
(b)
It shall be unlawful for the proprietor of a store or pharmacy or other facility subject to this chapter to allow any person other than a licensed pharmacist to compound or dispense the prescriptions of authorized practitioners except as an aid to and under the supervision of a licensed pharmacist as provided in this chapter.
(c)
However, any person who is not a licensed pharmacist may own or conduct a pharmacy or other facility as identified in §
17-92-403
if the owner keeps constantly in the pharmacy or other facility a licensed pharmacist subject to §
17-92-607
.
(d)
Any person violating the provisions of this act shall be guilty of a violation and upon conviction shall be liable to a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100).
Acts 1891, No. 50, §§ 1, 11, p. 80; C. & M. Dig., §§ 3667, 3677; Acts 1929, No. 72, §§ 2, 3; Pope's Dig., §§ 4603, 4613; A.S.A. 1947, §§ 72-1014, 72-1015; Acts 2001, No. 910, § 3; 2005, No. 1994, § 90.
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-404 - Pharmacy permit required

(a)
No person shall conduct any pharmacy or other facility as identified in §
17-92-403
in which practitioners' prescriptions are compounded and drugs are retailed or dispensed and in which a licensed pharmacist-in-charge must be employed unless the pharmacy or other facility as identified in §
17-92-403
has obtained a permit issued by the Arkansas State Board of Pharmacy.
(b)
(1)
Keeping a pharmacy or other facility as identified in §
17-92-403
where drugs and medicines or chemicals are dispensed or sold or displayed for sale at retail or where prescriptions are compounded or which has on it a sign using the words "pharmacist", "pharmaceutical chemist", "apothecary", "pharmacy", "druggist", "drug store", "drugs", or their equivalent in any language, or advertising such a store or shop as a drugstore, apothecary shop, or pharmacy by any method or means shall be prima facie evidence of the sale and dispensing of drugs.
(2)
Unless the place so conducted holds a permit issued by the board, it shall be unlawful for any person, firm, or corporation:
(A)
To carry on, conduct, or transact a retail business under any name that contains as a part thereof the words "drugs", "drugstore", "pharmacy", "medicine", "apothecary", or "chemist shop" or any abbreviation, translation, extension, or variation thereof; or
(B)
In the operation of any pharmacy or other facility as identified in §
17-92-403
in any manner by advertisement, circular, poster, telephone directory listing, sign, or otherwise, to describe or refer to the place of business conducted by such a person, firm, or corporation by such a term, abbreviation, translation, extension, or variation.
(3)
Any person, firm, or corporation violating this subsection shall be guilty of a violation and, if a corporation, any officer thereof who participates in such a violation also shall be guilty of a violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300).
(c)
(1)
The control of the dispensing of medicines being essential to the protection of the public health and general welfare of the people, any violation of subsection (b) of this section may be enjoined by action in any court of competent jurisdiction at the instance of the board or of the owner of any licensed pharmacy.
(2)
Proceedings under this subsection shall be governed by rules applicable to circuit courts.
Acts 1929, No. 72, §§ 4, 8; Pope's Dig., §§ 4625, 4629; Acts 1949, No. 336, §§ 2, 3; A.S.A. 1947, §§ 72-1016, 72-1017; Acts 2001, No. 910, § 5; 2005, No. 1994, § 91.
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-405 - Pharmacy permit - Application

(a)
(1)
Upon application, the Arkansas State Board of Pharmacy shall issue a permit to maintain a pharmacy or other facility as described in §
17-92-403
or §
17-92-404
for the sale at retail or otherwise dispensing of drugs and medicines to such persons, firms, or corporations as the board may deem to be qualified to conduct such a pharmacy or other facility.
(2)
(A)
The permit, to be known as a "pharmacy permit", "specialty permit", "hospital pharmaceutical services permit", or "ambulatory care center pharmacy permit", is for the compounding of practitioners' prescriptions and for the manufacture, sale, and distribution of drugs, medicines, and poisons.
(B)
The pharmacy, specialty pharmacy, hospital pharmacy, or ambulatory care center pharmacy is to be under the direct supervision of a licensed pharmacist.
(3)
All permits shall expire on December 31.
(b)
Application for a permit shall be made in such a manner and in such a form as the board may determine.
(c)
The permits shall at all times be displayed in a conspicuous place in the pharmacy or other facility as identified in §
17-92-403
for which the permit is issued.
Acts 1929, No. 72, §§ 9, 10; Pope's Dig., §§ 4630, 4631; A.S.A. 1947, §§ 72-1018, 72-1019; Acts 2001, No. 910, § 6.
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-406 - Hospital pharmacy continuity of care endorsement

(a)
The Arkansas State Board of Pharmacy may issue a hospital pharmacy continuity of care endorsement to a healthcare organization that is licensed as a hospital in this state and that has a hospital pharmaceutical services permit.
(b)
A hospital pharmacy continuity of care endorsement shall allow a hospital to sell drugs and medications at retail for emergency room patients or patients upon discharge from the hospital for off premises, personal use in an outpatient setting for either up to a thirty-one (31) day supply or a single commercially available package size that is used as a continuation of or supplement to hospital or emergency room treatment.
Added by Act 2023, No. 233,§ 1, eff. 8/1/2023.
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-407 - Revocation - Grounds

(a)
The Arkansas State Board of Pharmacy may revoke any permit issued under this subchapter in the event the holder thereof allows any person other than an Arkansas-licensed pharmacist or those students or graduates of a college of pharmacy serving an internship to fill prescriptions, compound and dispense drugs or medicines, or otherwise perform the duties and functions of a licensed pharmacist.
(b)
Whenever any person, firm, partnership, estate, or corporation holding any permit issued under this subchapter obtains a permit by false representations or knowingly violates any of the pharmacy laws or fails to comply with the rules of the board passed by authority of the pharmacy laws, the board shall revoke the holder's pharmacy permit.
(c)
The board shall also revoke any permit issued under this subchapter when information in possession of the board shall disclose that the operations for which the permit was issued are not being conducted according to law or are being conducted so as to endanger the public health or safety.
Amended by Act 2019, No. 315,§ 1589, eff. 7/24/2019.
Acts 1955, No. 57, §§ 13, 16; A.S.A. 1947, §§ 72-1028.1, 72-1028.2; Acts 2001, No. 910, § 8.
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-408 - Revocation - Procedure

The Arkansas State Board of Pharmacy shall follow the same procedure in revoking any permits issued under this subchapter as provided for revoking certificates of licensure as set out in §
17-92-313
.
Acts 1955, No. 57, § 17; A.S.A. 1947, § 72-1028.3; Acts 2001, No. 910, § 9.
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-409 - Pharmacy library required

There shall be kept in every pharmacy or other facility as identified in §
17-92-403
a library consisting of books, periodicals, and computer software as required by rules of the Arkansas State Board of Pharmacy.
Amended by Act 2019, No. 315,§ 1590, eff. 7/24/2019.
Acts 1929, No. 72, § 11; Pope's Dig., § 4632; Acts 1983, No. 511, § 9; A.S.A. 1947, § 72-1022; Acts 2001, No. 910, § 10.
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-410 - Records of poison sales

(a)
The proprietor shall at all times keep in his or her place of business a record book in which shall be entered all sales of the following, other than sales to physicians, dentists, veterinarians, and sales made on prescriptions of a physician, dentist, or veterinarian: arsenious acid, hydrocyanic acid, potassium cyanide, cyanide mixture, mercury bichloride, and strychnine and its salts, except in proper dosage in pill and tablet form.
(b)
(1)
The record shall show in parallel columns: date of sale, name of article sold, quantity of article sold, purpose for which sold, name or initial of dispenser, and the signature and address of the purchaser. The record shall at all times during business hours be open for inspection by any police officer, sheriff, city or town representative, or any representative of the Arkansas State Board of Pharmacy and shall be preserved for a period of not less than two (2) years from the date of the last entry in the record.
(2)
If the purchaser is a person not known to the seller, the seller shall require necessary identification to determine the true name and address of the purchaser.
Acts 1929, No. 72, §§ 12, 13; Pope's Dig., §§ 4633, 4634; Acts 1959, No. 92, § 1; A.S.A. 1947, §§ 72-1023, 72-1024.
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-411 - Prescription contents and labels

(a)
Labels on original packages shall bear the label of the distributor or manufacturer, with the proper medicinal dose, if a remedy used internally. In the case of poisons, the word "POISON" shall be displayed thereon in a conspicuous manner with the antidote for a poisonous dose.
(b)
A doctor of medicine or other person authorized to issue prescriptions, upon the request of the patient, shall indicate briefly and concisely on the prescriptions the conditions for which the medication is prescribed. Every pharmacist filling any such prescription shall include on the label of the prescription container the labeling as stated on the prescription issued.
Acts 1929, No. 72, § 7; Pope's Dig., § 4628; Acts 1983, No. 562, § 1; A.S.A. 1947, §§ 72-1021, 72-1063.
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-412 - Nursing home consultant pharmacist

(a)
A nursing home consultant pharmacist and the nursing home administrator shall be jointly responsible to ensure that a pharmacist license is posted at the facility at all times.
(b)
The Arkansas State Board of Pharmacy shall set by rule the standards by which the controlled and legend drugs and devices will be maintained in the nursing home or long-term care facility.
(c)
The consultant pharmacist, in conjunction with the nursing home administrator and director of nurses, shall ensure the proper control and accountability, storage, and proper utilization of drugs and other legend devices dispensed to patients residing in the facility according to board standards as well as standards established by state and federal guidelines.
Amended by Act 2021, No. 63,§ 6, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1592, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1591, eff. 7/24/2019.
Acts 2001, No. 910, § 11; 2009, No. 355, § 6; 2011, No. 859, § 10.
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 4 - PHARMACIES (§§ 17-92-401 — 17-92-413) › Section 17-92-413 - Disclosure of ownership interest or possible conflicts of interest required - Prohibition on data mining

A pharmacy, pharmacist, physician, employee, or entity that owns or controls, is owned or controlled by, or is under ownership or control with an insurance company, health clinic, hospital, rural health center, federally qualified health center, pharmacy benefits manager, pharmaceutical manufacturer, pharmaceutical wholesaler, or pharmacy benefits manager that provides a pharmacy benefits plan or program, including prescription drug coverage, or contracts with a third party for prescription drug services under a health benefit plan shall:
(1)
Disclose to the consumer any ownership interest or possible conflicts of interest with a pharmacy benefits manager, healthcare insurer, or healthcare payor; and
(2)
Not access and utilize patient information, including either medical information in patient charts or billing claims information, to market or contact patients in order to solicit the transfer of the patient to a particular pharmacy.
Added by Act 2021, No. 1053,§ 2, eff. 7/28/2021.
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 5 - GENERIC DRUGS AND PRICE LISTS (§§ 17-92-501 — 17-92-507) › Section 17-92-501 - Penalty

Any person licensed or otherwise permitted to practice pharmacy in this state who shall violate any provisions of this subchapter shall be subject to discipline by the Arkansas State Board of Pharmacy, including, but not limited to, revocation of such license or permission, according to procedures established by law or by rules of the board.
Amended by Act 2019, No. 315,§ 1593, eff. 7/24/2019.
Acts 1975, No. 436, § 6; A.S.A. 1947, § 72-1052.
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 5 - GENERIC DRUGS AND PRICE LISTS (§§ 17-92-501 — 17-92-507) › Section 17-92-502 - Rules

The Arkansas State Board of Pharmacy may adopt such reasonable rules, not inconsistent with law, as it shall deem necessary to carry out the purposes and intentions of this subchapter.
Amended by Act 2019, No. 315,§ 1594, eff. 7/24/2019.
Acts 1975, No. 436, § 7; 1983, No. 511, § 11; A.S.A. 1947, § 72-1053.
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 5 - GENERIC DRUGS AND PRICE LISTS (§§ 17-92-501 — 17-92-507) › Section 17-92-505 - Labeling

(a)
(1)
The pharmacist filling a prescription for dispensing to an ultimate patient may affix to the container a label showing:
(A)
The pharmacy name, address, and telephone number;
(B)
The date of dispensing;
(C)
The serial number of the prescription;
(D)
The name of the patient;
(E)
The name of the prescribing practitioner;
(F)
Either:
(i)
The trade name of the drug product, if any, or the generic name and identity of the manufacturer of the dispensed drug product, if the drug product appears generically listed on the drug formulary list as established by this subchapter; or
(ii)
In the case of a biological product, the trade name of the biological product, if any, or the proper name of the biological product and identity of the manufacturer of the dispensed biological product;
(G)
The strength per unit dose of the medication;
(H)
The quantity of the medication; and
(I)
Directions for use.
(2)
If a pharmacist dispenses a generically equivalent product or interchangeable biological product, the person for whom the medication is prescribed shall be informed before dispensing or the label should appropriately indicate the substitution.
(3)
This subsection does not apply to the dispensing of medication to inpatients in hospitals.
(4)
In the case of dispensing a drug product or biological product, the prescribing practitioner may indicate that the name, manufacturer, and strength of the medication dispensed shall be deleted from the label.
(b)
An authorized person who fills a prescription for dispensing to an ultimate patient shall affix to the container a label showing:
(1)
The trade name of the medication or the generic name of the medication unless directed to the contrary by the prescribing practitioner; or
(2)
The trade name, if any, or the proper name of the biological product unless directed to the contrary by the prescribing practitioner.
Amended by Act 2019, No. 637,§ 3, eff. 7/24/2019.
Acts 1975, No. 436, § 4; 1979, No. 218, § 1; A.S.A. 1947, §§ 72-1050, 72-1050.1.
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 5 - GENERIC DRUGS AND PRICE LISTS (§§ 17-92-501 — 17-92-507) › Section 17-92-506 - Available drug product and biological product lists

(a)
(1)
A pharmacist may display, within the confines of the pharmacy, lists of available drug products and biological products, other than controlled substances, and current charges for the drug products or biological products or for the dispensing of the drug products or biological products in specified quantities.
(2)
Upon request, a pharmacy may make such lists available to its customers and other members of the public.
(b)
The Arkansas State Board of Pharmacy shall maintain on the website of the board a link to the lists of all interchangeable biological products approved by the United States Food and Drug Administration.
Amended by Act 2019, No. 637,§ 4, eff. 7/24/2019.
Acts 1975, No. 436, § 5; A.S.A. 1947, § 72-1051.
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 6 - HOSPITAL PHARMACIES ACT (§§ 17-92-601 — 17-92-607) › Section 17-92-601 - Short title

This subchapter may be cited as the "Hospital Pharmacies Act".
Acts 1975, No. 659, § 1; A.S.A. 1947, § 72-1054.
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 6 - HOSPITAL PHARMACIES ACT (§§ 17-92-601 — 17-92-607) › Section 17-92-602 - Definitions

As used in this subchapter:
(1)
"Hospital" means a hospital as defined in §
20-9-201
;
(2)
"Hospital employee" means any individual employed by a hospital whose compensation for services or labor actually performed for a hospital is reflected on the payroll records of a hospital;
(3)
"Hospital pharmacy" means the place or places in which drugs, chemicals, medicines, prescriptions, or poisons are prepared for distribution and administration for the use or benefit of patients in a hospital. The "hospital pharmacy" may also provide pharmacy services to patients in a "swing bed" within the hospital that may periodically swing back and forth from being a short-term acute hospital bed to a longer-term nursing home bed. The "hospital pharmacy" shall also mean the place or places in which drugs, chemicals, medicines, prescriptions, or poisons are compounded for the dispensing to hospital employees, members of the immediate families of hospital employees, patients being discharged, and for other persons in emergency situations;
(4)
"Hospital pharmacy technicians" means persons other than licensed pharmacists who perform duties in conjunction with the overall hospital medication distribution system for inpatients; and
(5)
"Licensed pharmacist" means any person licensed to practice pharmacy by the Arkansas State Board of Pharmacy.
Amended by Act 2019, No. 386,§ 44, eff. 7/24/2019.
Acts 1975, No. 659, § 2; 1981, No. 584, § 1; A.S.A. 1947, § 72-1055; Acts 1999, No. 105, § 15.
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 6 - HOSPITAL PHARMACIES ACT (§§ 17-92-601 — 17-92-607) › Section 17-92-603 - [Repealed]

Amended by Act 2019, No. 315,§ 1595, eff. 7/24/2019.
Repealed by Act 2019, No. 175,§ 1, eff. 7/24/2019.
Acts 1975, No. 659, § 6; A.S.A. 1947, § 72-1059.
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 6 - HOSPITAL PHARMACIES ACT (§§ 17-92-601 — 17-92-607) › Section 17-92-604 - Regulatory authority

(a)
The Arkansas State Board of Pharmacy shall adopt, promulgate, and enforce rules and standards as may be necessary to the regulation of the operation of a hospital pharmacy and for the accomplishment of all other purposes of this subchapter.
(b)
The board may modify, amend, or rescind the rules and standards, provided the modification, amendment, or rescission does not in any manner defeat the purposes of this subchapter.
Amended by Act 2019, No. 315,§ 1596, eff. 7/24/2019.
Amended by Act 2019, No. 175,§ 2, eff. 7/24/2019.
Acts 1975, No. 659, § 7; A.S.A. 1947, § 72-1060; Acts 1999, No. 105, § 16.
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 6 - HOSPITAL PHARMACIES ACT (§§ 17-92-601 — 17-92-607) › Section 17-92-605 - Hospital pharmacy license - Services permitted

(a)
All hospital pharmacies shall be licensed by the Arkansas State Board of Pharmacy as provided for by this subchapter. The hospital pharmacy license shall be issued in the name of the hospital.
(b)
Any hospital receiving a permit shall advise the board of the name of:
(1)
The hospital administrator or other person assuming responsibility for the general administration of the hospital;
(2)
The director of the pharmacy, or other person assuming responsibility for the general operation of the hospital pharmacy, who shall be a licensed pharmacist; and
(3)
All other licensed pharmacists employed by the hospital in its hospital pharmacy.
(c)
The hospital and the director of pharmacy shall be required to report to the board any change in licensed pharmacist personnel.
(d)
Upon the receipt of a hospital pharmacy license, a hospital pharmacy may provide the following pharmaceutical services:
(1)
Prepare for distribution and administration of drugs, chemicals, medicines, prescriptions, or poisons for the use or benefit of the patients in the hospital as set forth in §
17-92-602(3)
; and
(2)
Compound or dispense drugs, chemicals, medicines, prescriptions, or poisons for the use or benefit of the hospital's employees, members of the immediate families of hospital employees, patients being discharged, and other persons in emergency situations.
Acts 1975, No. 659, §§ 3, 4; 1981, No. 584, § 2; A.S.A. 1947, §§ 72-1056, 72-1057.
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 6 - HOSPITAL PHARMACIES ACT (§§ 17-92-601 — 17-92-607) › Section 17-92-606 - Hospital pharmaceutical permit

Any hospital pharmacy holding a hospital pharmaceutical permit issued by the Arkansas State Board of Pharmacy pursuant to §
17-92-403
on March 28, 1975, shall be deemed to be licensed pursuant to this subchapter until the permit shall expire.
Acts 1975, No. 659, § 5; A.S.A. 1947, § 72-1058.
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 6 - HOSPITAL PHARMACIES ACT (§§ 17-92-601 — 17-92-607) › Section 17-92-607 - Unlawful for hospital to hold licensed pharmacy permit - Exceptions

(a)
It shall be unlawful for any nonprofit, tax exempt, or governmentally funded hospital to acquire direct or indirect interest in or otherwise hold directly or indirectly a licensed pharmacy permit pursuant to the provisions of §
17-92-405
, for the sale at retail of drugs and medicines.
(b)
(1)
However, this section does not prohibit any hospital having a direct or indirect interest in or otherwise holding either directly or indirectly a permit before March 28, 1975, from continuing to have an interest in or holding the permit.
(2)
This section does not prohibit any hospital so holding a permit before March 28, 1975, from receiving a renewal of the permit.
(3)
This section does not prohibit dispensing drugs or medications through a hospital pharmacy continuity of care endorsement or to hospital employees and students.
Amended by Act 2023, No. 233,§ 2, eff. 8/1/2023.
Acts 1975, No. 659, § 8; A.S.A. 1947, § 72-1061.
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 7 - PROGRAM FOR PHARMACISTS IMPAIRED BY CHEMICAL DEPENDENCY (§§ 17-92-701 — 17-92-707) › Section 17-92-701 - Definitions

As used in this subchapter:
(1)
"Board-approved intervenors" means persons trained in intervention and designated by the Arkansas State Board of Pharmacy to implement the intervention process when necessary;
(2)
"Impaired pharmacist" means a pharmacist who is unable to practice pharmacy with reasonable skill, competency, or safety to the public because of substance abuse;
(3)
"Impaired pharmacist program" means a plan approved by the board for intervention, treatment, and rehabilitation of an impaired pharmacist;
(4)
"Intervention" means a process whereby an allegedly impaired pharmacist is confronted by the board or board-approved intervenors who provide documentation that a problem exists and attempt to convince the pharmacist to seek evaluation and treatment;
(5)
"Rehabilitation" means the process whereby an impaired pharmacist advances in an impaired pharmacist program to an optimal level of competence to practice pharmacy without endangering the public; and
(6)
"Verification" means a process whereby alleged professional impairment is identified or established.
Amended by Act 2019, No. 386,§ 46, eff. 7/24/2019.
Amended by Act 2019, No. 386,§ 45, eff. 7/24/2019.
Acts 1991, No. 741, § 1.
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 7 - PROGRAM FOR PHARMACISTS IMPAIRED BY CHEMICAL DEPENDENCY (§§ 17-92-701 — 17-92-707) › Section 17-92-702 - Administration

(a)
The Arkansas State Board of Pharmacy may appoint a committee to organize and administer a program that shall fulfill two (2) functions:
(1)
The program shall serve as a diversion program to which the board may refer licensees when appropriate in lieu of or in addition to other disciplinary action; and
(2)
The program shall also be a source of treatment or referral for pharmacists who, on a strictly voluntary basis, desire to avail themselves of its services.
(b)
The board may appoint a committee of five (5) persons who are recovering pharmacists to serve three-year terms with the initial members appointed to staggered terms.
Acts 1991, No. 741, § 2.
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 7 - PROGRAM FOR PHARMACISTS IMPAIRED BY CHEMICAL DEPENDENCY (§§ 17-92-701 — 17-92-707) › Section 17-92-703 - Functions

The functions of the committee shall include:
(1)
Evaluation of pharmacists who request participation in the program;
(2)
Review and designation of treatment facilities and services to which pharmacists in the program may be referred;
(3)
Receipt and review of information relating to the participation of pharmacists in the program;
(4)
Assisting the pharmacists' professional association in publicizing the program; and
(5)
Preparation of reports for the Arkansas State Board of Pharmacy.
Acts 1991, No. 741, § 3.
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 7 - PROGRAM FOR PHARMACISTS IMPAIRED BY CHEMICAL DEPENDENCY (§§ 17-92-701 — 17-92-707) › Section 17-92-704 - Board review

The Arkansas State Board of Pharmacy shall review the activities of the committee. As part of this evaluation, the board may review files of all participants in the impaired pharmacist program. The board shall also resolve complaints voiced regarding the impaired pharmacist program.
Acts 1991, No. 741, § 5.
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 7 - PROGRAM FOR PHARMACISTS IMPAIRED BY CHEMICAL DEPENDENCY (§§ 17-92-701 — 17-92-707) › Section 17-92-705 - Notification of procedures, rights, and responsibilities - Failure to comply

(a)
The Arkansas State Board of Pharmacy shall inform each pharmacist referred to the program by board action of the procedures followed in the program, of the rights and responsibilities of the pharmacist in the program, and of the possible consequences of noncompliance with the program.
(b)
The board shall be informed of the failure of a pharmacist to comply with any treatment provision of a program if the committee determines that the resumption of the practice of pharmacy would pose a threat to the health and safety of the public.
(c)
Participation in a program under this section shall not be a defense to any disciplinary action which may be taken by the board. Further, no provision of this section shall preclude the board from commencing disciplinary action against a licensee who is terminated from a program pursuant to this section.
(d)
The board shall be informed when pharmacists who enter the program resume professional practice.
Acts 1991, No. 741, § 4.
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 7 - PROGRAM FOR PHARMACISTS IMPAIRED BY CHEMICAL DEPENDENCY (§§ 17-92-701 — 17-92-707) › Section 17-92-706 - Funding

(a)
(1)
The Arkansas State Board of Pharmacy may provide up to fifty thousand dollars ($50,000) per year to the committee for the program.
(2)
The board may provide to the committee at any time the moneys authorized under subdivision (a)(1) of this section.
(b)
Documentation of the use of these funds shall be provided quarterly to the board for review and comment.
Acts 1991, No. 741, § 7; 2009, No. 355, § 7.
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 7 - PROGRAM FOR PHARMACISTS IMPAIRED BY CHEMICAL DEPENDENCY (§§ 17-92-701 — 17-92-707) › Section 17-92-707 - Liability

(a)
All persons acting on behalf of the Arkansas State Board of Pharmacy in the impaired pharmacist program under this section shall be considered officers or employees of the State of Arkansas for purposes of:
(1)
Immunity from civil liability pursuant to §
19-10-301
et seq.; and
(2)
Payment of actual damages on behalf of state officers or employees pursuant to §
21-9-201
et seq.
(b)
All patient records shall be confidential and shall not be subject to public inspection except pursuant to an order of a court of competent jurisdiction. However, the records may be introduced as evidence in any relevant proceedings before the board and shall be produced upon board request.
Acts 1991, No. 741, § 6.
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 8 - CERTIFICATION AND REGISTRATION OF PHARMACIST ASSISTANTS (§ 17-92-801) › Section 17-92-801 - Powers and duties of Arkansas State Board of Pharmacy

(a)
The Arkansas State Board of Pharmacy shall provide that hospital pharmacy technicians as in §
17-92-602
and pharmacy technicians as in §
17-92-101(18)(C)
, and hereinafter referred to as pharmacy technicians, register with or be certified by the board, or both.
(b)
The board may provide reasonable qualifications for a person to be certified as a pharmacy technician or registered as a pharmacy technician, or both, including without limitation, the education, training, and testing that the board deems necessary to preserve and protect the public health.
(c)
The board may suspend or revoke the registration of any person certified as a pharmacy technician or registered as a pharmacy technician, or both, but only after an opportunity for a hearing before the board upon reasonable notice to the person in writing.
(d)
Grounds for suspension or revocation of registration or certification as a pharmacy technician, or both, are the following:
(1)
Violation of any law or rule regarding the practice of pharmacy;
(2)
Violation of any law or rule regarding legend drugs or controlled substances; or
(3)
Violation of any rule adopted by the board regarding pharmacy technicians.
Amended by Act 2019, No. 315,§ 1597, eff. 7/24/2019.
Acts 1993, No. 922, § 1; 1997, No. 1029, § 5; 1999, No. 105, § 17.
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 9 - SUPPLIERS (§§ 17-92-901 — 17-92-909) › Section 17-92-901 - Definitions

As used in this subchapter:
(1)
"Home medical equipment, legend device, and medical gas supplier" means a person licensed to supply home medical equipment, medical gases, or legend devices, or any combination thereof, to patients on an order from medical practitioners licensed to order, use, or administer these products and to other licensed suppliers of home medical equipment, medical gases, or legend devices, or any combination thereof;
(2)
"Home medical equipment services" means the delivery, installation, maintenance, replacement, or instruction, or any combination thereof, in the use of medical equipment used by a sick or disabled individual to allow the individual to be maintained in a noninstitutional environment;
(3)
"Legend device" means a device which, because of any potential for harmful effect or the method of its use, is not safe except under the supervision of a practitioner;
(4)
(A)
"Medical equipment" means technologically sophisticated medical devices, including, but not limited to:
(i)
Oxygen and oxygen delivery systems;
(ii)
Ventilators;
(iii)
Respiratory disease management devices;
(iv)
Electronic and computer-driven wheelchairs and seating systems;
(v)
Apnea monitors;
(vi)
Transcutaneous electrical nerve stimulator units;
(vii)
Low air loss cutaneous pressure management devices;
(viii)
Sequential compression devices;
(ix)
Neonatal home phototherapy devices;
(x)
Feeding pumps;
(xi)
Electrically powered hospital beds; and
(xii)
Infusion pumps.
(B)
"Medical equipment" does not include:
(i)
Medical equipment used or dispensed in the normal course of treating patients by hospitals, hospices, nursing facilities, or home health agencies;
(ii)
Medical equipment used or dispensed by healthcare professionals licensed in Arkansas, provided that the professional is practicing within the scope of that professional's practice act;
(iii)
Upper and lower extremity prosthetics and related orthotics; or
(iv)
Canes, crutches, walkers, bathtub grab bars, standard wheelchairs, commode chairs, and bath benches;
(5)
"Medical gas" means those gases and liquid oxygen intended for human consumption; and
(6)
"Order" means an order issued by a licensed medical practitioner legally authorized to order medical gases or legend devices, or both.
Acts 1995, No. 1101, § 1.
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 9 - SUPPLIERS (§§ 17-92-901 — 17-92-909) › Section 17-92-902 - License required

(a)
(1)
No person or entity subject to licensure shall sell or rent or offer to sell or rent directly to patients in this state any home medical equipment, legend devices, or medical gases, or any combination thereof, unless the person or entity is licensed as required by this subchapter.
(2)
The licensure requirements of this subchapter will apply to all companies, agencies, and other business entities that are in the business of supplying medical equipment to patients in their residences and that bill the patient or the patient's insurance, Medicare, Medicaid, or other third-party payor for the rent or sale of that equipment.
(b)
(1)
The application for a license shall be on a form furnished by the Arkansas State Board of Pharmacy and shall be accompanied by payment of the fee prescribed by §
17-92-108
.
(2)
The board shall require a separate license for each facility directly or indirectly owned or operated within this state by the same person or business entity within this state, or for a parent entity with divisions, subdivisions, subsidiaries, or affiliate companies, or any combination thereof, when operations are conducted at more than one (1) location and there exists joint ownership and control among all the entities.
(c)
(1)
All licenses issued under this subchapter shall expire on December 31 of each calendar year.
(2)
(A)
Each application for renewal of the license must be made on or before December 31 of each year.
(B)
Penalties for late payment include:
(i)
A twenty-dollar penalty if not paid by February 1 of each year; and
(ii)
A forty-dollar penalty if not paid by March 1 of each year.
(C)
The license shall be considered null and void if the fee is not paid by April 1 of each year.
(d)
Wholesale distributors licensed under §
20-64-501
et seq. may exchange those licenses for licenses issued under this subchapter without payment of additional fees.
(e)
Each license issued hereunder shall be displayed by the holder thereof in a conspicuous place.
Acts 1995, No. 1101, §§ 4, 11; 1997, No. 1029, §§ 6, 7.
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 9 - SUPPLIERS (§§ 17-92-901 — 17-92-909) › Section 17-92-903 - Exemption from license and permit requirements

(a)
The licensure requirements of this subchapter and any retail pharmacy permit requirements that may apply to the distribution or provision of legend medical gases, medical equipment, legend devices, and medical supplies, except legend drugs, do not apply to the following unless the following have a separate company, corporation, division, or other business entity that is in the business of providing medical equipment for sale or rent to a patient at his or her home as covered by this subchapter:
(1)
Home health agencies;
(2)
Hospitals;
(3)
Manufacturers and wholesale distributors when not selling directly to the patient;
(4)
Healthcare practitioners legally eligible to prescribe or order home medical equipment, medical gases, and legend devices;
(5)
Medical doctors, physical therapists, respiratory therapists, occupational therapists, speech pathologists, optometrists, chiropractors, and podiatrists who use home medical equipment or legend devices, or both, to treat patients;
(6)
Nurses who use but do not sell home medical equipment or legend devices, or both, to their patients;
(7)
Pharmacies;
(8)
Hospice programs;
(9)
Nursing homes;
(10)
Veterinarians;
(11)
Dentists; and
(12)
Emergency medical services.
(b)
Although excluded from a separate licensure requirement for medical equipment, pharmacies shall be subject to the same rules for the sale or rental of medical equipment covered by this subchapter.
Amended by Act 2019, No. 315,§ 1598, eff. 7/24/2019.
Acts 1995, No. 1101, § 5.
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 9 - SUPPLIERS (§§ 17-92-901 — 17-92-909) › Section 17-92-904 - Supply order required

(a)
Home medical equipment, legend device, and medical gas suppliers shall not supply medical gases or legend devices to a patient without an order.
(b)
(1)
Orders may be issued for institutional, medical practitioner, and individual patient use.
(2)
It is also recognized that oxygen, liquid oxygen, and legend devices may be used in emergencies by trained individuals.
(3)
Nothing in this subchapter shall prohibit the prehospital emergency administration of oxygen by licensed healthcare providers, emergency medical technicians, first responders, firefighters, law enforcement officers, and other emergency personnel trained in the proper use of emergency oxygen.
Acts 1995, No. 1101, § 6.
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 9 - SUPPLIERS (§§ 17-92-901 — 17-92-909) › Section 17-92-905 - Labeling

(a)
Medical gases shall be labeled in compliance with existing federal and state laws.
(b)
All legend devices shall be labeled in compliance with existing federal and state laws.
Acts 1995, No. 1101, §§ 2, 3.