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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-95-101 — 17-95-108) › Section 17-95-102 - Legend drugs - Definitions

(a)
As used in this section, "dispensing physician" means a physician licensed under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., who purchases legend drugs to be dispensed to his or her patients for the patients' personal use and administration outside the physician's office.
(b)
This section does not apply to physicians who only dispense drugs in injectable form unless they are controlled substances, in which case this section shall fully apply.
(c)
The dispensing physician shall:
(1)
Personally dispense legend drugs, and the dispensing of such drugs may be delegated;
(2)
(A)
Keep records of all receipts and distributions of legend drugs.
(B)
The records shall be subject to inspection by the proper enforcement authority and shall be readily accessible for inspection and maintained in a central registry; and
(3)
Label legend drugs with the following information:
(A)
Patient's name and address;
(B)
Prescribing physician's address and narcotic registry number issued by the United States Drug Enforcement Administration or national provider identification number;
(C)
Date of dispensing; and
(D)
Directions and cautionary statements, if any, as required by law.
(d)
(1)
A physician licensed under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., shall not dispense legend drugs without prior approval by the Arkansas State Medical Board after application to the Arkansas State Medical Board and on the showing of need.
(2)
Licensed physicians who were dispensing in the ordinary course of their practice before April 12, 2013, shall be exempt from the requirements of this subsection.
(3)
The Arkansas State Medical Board shall determine whether need exists for a physician to dispense a specific legend drug to the physician's patient for a patient's personal use and administration outside of the physician's office based on such information as is necessary for the Arkansas State Medical Board to determine:
(A)
The legend drug or drugs that the physician requests to dispense;
(B)
The ability of a physician's patient to obtain the legend drug from other medical professionals;
(C)
The availability of the legend drug to be prescribed by the physician;
(D)
The hours at which the legend drug may be obtained from other medical professionals;
(E)
The distance the physician's patient must travel to obtain the legend drug from other medical professionals;
(F)
Whether the physician has been investigated by the Arkansas State Medical Board concerning the improper prescribing or use of a legend drug;
(G)
Whether the physician has a financial relationship with the manufacturer of a legend drug that would create the appearance of a conflict of interest;
(H)
Whether the physician dispensing a legend drug will foster cost containment through improved efficiency and productivity; and
(I)
The procedures the physician has implemented to:
(i)
Assure compliance with the requirements of subsection (c) of this section;
(ii)
Monitor and guard against potential drug interactions;
(iii)
Store and safeguard the legend drugs; and
(iv)
Comply with the Prescription Drug Monitoring Program Act, §
20-7-601
et seq., concerning the reporting requirements to the Prescription Drug Monitoring Program.
(4)
This section does not apply to a prescription for:
(i)
A topical medication;
(ii)
Naloxone;
(iii)
Nicotine replacement therapy products;
(iv)
Contraceptives;
(v)
Acute care medication; or
(vi)
Initial treatment for maintenance medication.
(e)
(1)
The Arkansas State Medical Board shall enforce the provisions of this section and is authorized and directed to adopt rules to carry out the purpose of this section.
(2)
The Arkansas State Medical Board shall adopt rules for physician dispensing that, at minimum, meet the same requirements for dispensing and oversight established by the Arkansas State Board of Pharmacy.
(f)
As used in this section:
(1)
(A)
"Acute care medication" means a legend drug that is not a controlled substance and is prescribed for no more than fourteen (14) days of therapy.
(B)
"Acute care medication" includes the following oral medications:
(i)
Medications to treat infections;
(ii)
Anti-inflammatory medications;
(iii)
Antinausea medications;
(iv)
Antihistamines; and
(v)
Cough medications;
(2)
"Initial treatment" means the first prescription written for a specific prescription medication intended to initiate therapy on the medication; and
(3)
"Maintenance medication" means a legend drug that:
(A)
Is not a controlled substance;
(B)
Is prescribed for no more than thirty (30) days; and
(C)
Is used to treat one (1) of the following medical conditions:
(i)
Hypertension;
(ii)
Diabetes mellitus; or
(iii)
Hypercholesterolemia.
Amended by Act 2021, No. 503,§ 5, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1611, eff. 7/24/2019.
Amended by Act 2019, No. 651,§ 2, eff. 7/24/2019.
Amended by Act 2017, No. 284,§ 5, eff. 8/1/2017.
Amended by Act 2013, No. 1169,§ 1, eff. 4/12/2013.
Acts 1983, No. 515, §§ 1-4; A.S.A. 1947, §§ 72-638 -- 72-641; Acts 1987, No. 190, § 1.