reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-304 - Penalties

(a)
(1)
Any person violating any of the provisions of this subchapter commits a felony and shall, upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned in the state penitentiary for not more than two (2) years, or be both fined and imprisoned, in the discretion of the court.
(2)
For a second offense, the offender commits a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary for not less than three (3) years nor more than (5) years.
(3)
For a third or subsequent offense, the offender commits a felony and shall be fined not more than five thousand dollars ($5,000) and be imprisoned in the state penitentiary for not less than five (5) years nor more than ten (10) years.
(b)
No person shall be subject to the penalties of subsection (a) of this section, for having violated §
20-64-306(9) and (10)
if the person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a drug's being a counterfeit drug or for having violated §
20-64-306(10)
if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit drug.
Acts 1967, No. 492, § 4; 1975, No. 928, § 25; A.S.A. 1947, § 82-2104.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-305 - Duty of prosecuting attorneys

It shall be the duty of each prosecuting attorney to whom the State Board of Health reports any violation of this subchapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
Acts 1967, No. 492, § 6; A.S.A. 1947, § 82-2106.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-306 - Prohibited acts

The following acts and the causing thereof within the State of Arkansas are prohibited:
(1)
The manufacture, compounding, or processing of a drug in violation of §
20-64-309
;
(2)
The sale, delivery, or other disposition of a drug in violation of §
20-64-310
;
(3)
The possession of a drug in violation of §
20-64-311
;
(4)
Obtaining a drug in violation of §
20-64-312
;
(5)
The failure to prepare or obtain, or the failure to keep, a complete and accurate record with respect to any drug as required by §
20-64-313
;
(6)
The refusal to permit access to or copying of any record as required by §
20-64-313
;
(7)
The refusal to permit entry or inspection as authorized by §
20-64-313
;
(8)
The filling or refilling of any prescription in violation of §
20-64-314
;
(9)
Making, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render a drug a counterfeit drug; and
(10)
The doing of any act which causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug.
Acts 1967, No. 492, § 3; A.S.A. 1947, § 82-2103.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-307 - Seizure and forfeiture of contraband - Generally

The following are declared to be contraband and shall be seized and forfeited without warrant by an authorized agent of the State Board of Health whenever he or she has reasonable grounds to believe they are:
(1)
A depressant or stimulant drug with respect to which a prohibited act within the meaning of §
20-64-306
has occurred;
(2)
A drug that is a counterfeit;
(3)
A container of a depressant or stimulant drug or of a counterfeit drug;
(4)
Equipment used in manufacturing, compounding, or processing a depressant or stimulant drug with respect to which drug a prohibited act within the meaning of §
20-64-306
has occurred; and
(5)
Any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit drug or drugs.
Acts 1967, No. 492, § 5; A.S.A. 1947, § 82-2105.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-308 - Seizure and forfeiture of contraband - Hearing and disposition

(a)
(1)
When an article, drug, or other thing is seized and forfeited under the provisions of §
20-64-307
, the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized.
(2)
The notice shall advise that the article, drug, or other thing seized and forfeited will be destroyed or sold by the secretary at the expiration of thirty (30) days from the date of publication of the notice.
(3)
Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the secretary for a hearing to be held in the secretary's office in Little Rock.
(4)
The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken.
(5)
Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented.
(6)
The findings of fact and order of the secretary may be appealed to the Pulaski County Circuit Court by lodging with the court within fifteen (15) days after the secretary's order has been entered a transcript of record of the hearing held before the secretary. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law.
(7)
An appeal from the judgment of the circuit court may be taken to the Supreme Court.
(b)
(1)
If the secretary receives no written petition for a hearing within thirty (30) days from the date of the publication of notice as provided in this section, the secretary shall, in his or her discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under §
20-64-307
and shall sell them to the highest bidder, or he or she may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years.
(2)
The proceeds for the sale of the articles, drugs, or other things shall be deposited with the Treasurer of State as nonrevenue receipts for credit to the State Apportionment Fund as general revenues to be distributed for the respective purposes as provided by law.
Amended by Act 2019, No. 910,§ 5099, eff. 7/1/2019.
Acts 1967, No. 492, § 5; A.S.A. 1947, § 82-2105.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-310 - Depressant and stimulant drugs - Sale, delivery, or disposal prohibited - Exceptions

No person shall sell, deliver, or otherwise dispose of any depressant or stimulant drug or counterfeit drug to any other person unless that person is:
(1)
A person described in §
20-64-309
, while the person is acting in the ordinary and authorized course of his or her business, profession, occupation, or employment; or
(2)
A common or contract carrier or warehouser, or an employee thereof, whose possession of any depressant or stimulant drug or counterfeit drug is in the usual course of his or her business or employment as such.
Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-311 - Depressant and stimulant drugs - Possession prohibited - Exceptions

No person other than a person described in §
20-64-309
or §
20-64-310(2)
shall possess any depressant or stimulant drug unless:
(1)
The drug was obtained upon a valid prescription and is held in the original container in which the drug was delivered; or
(2)
The drug was delivered by a practitioner in the course of his or her professional practice, and the drug is held in the immediate container in which the drug was delivered.
Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-312 - Depressant and stimulant drugs - Falsely obtaining or attempting to obtain prohibited - Exceptions

(a)
No person other than a person described in §
20-64-309(7)
shall obtain or attempt to obtain a depressant or stimulant drug by:
(1)
Fraud, deceit, misrepresentation, or subterfuge;
(2)
Falsely assuming the title of or representing himself or herself to be a manufacturer, wholesaler, practitioner, pharmacist, owner of a pharmacy, or other person authorized to possess stimulant or depressant drugs;
(3)
The use of a forged or altered prescription; or
(4)
The use of a false name or false address on a prescription.
(b)
However, this section shall not apply to drug manufacturers, their agents, or employees when the manufacturers, their agents, or employees are authorized to engage in and are actually engaged in investigative activities directed toward the safeguarding of the drug manufacturer's trademark.
Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-314 - Depressant and stimulant drugs - Limitations on filling of prescriptions

(a)
(1)
(A)
A prescription for a depressant or stimulant drug shall not be filled or refilled more than six (6) months after the date on which the prescription was issued.
(B)
A prescription that is authorized to be refilled shall not be refilled more than five (5) times.
(2)
However, this subchapter does not prevent a practitioner from issuing a new written prescription for the same drug.
(b)
If no indication of refill status is indicated on the prescription, it shall not be refilled.
Amended by Act 2013, No. 1331,§ 9, eff. 8/16/2013.
Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-315 - Depressant and stimulant drugs - Exemptions from sections 20-64-309 - 20-64-315

Depressant or stimulant drugs exempted under section 511(f) of the Federal Food, Drug, and Cosmetic Act and such other drugs as the State Board of Health shall specify are exempted from the application of §§
20-64-309
-
20-64-315
.
Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-316 - Authority of Department of Health employees to investigate, examine, and inspect

Any officer or employee of the Department of Health designated by the Secretary of the Department of Health to conduct examinations, investigations, or inspections under this subchapter relating to depressant or stimulant drugs or to counterfeit drugs may, when so authorized by the secretary:
(1)
Carry firearms;
(2)
Execute and serve search warrants and arrest warrants;
(3)
Execute seizure by process issued pursuant to §§
20-64-307
and
20-64-308
;
(4)
Make arrests without warrant for offenses under this subchapter with respect to drugs if the offense is committed in his or her presence; and
(5)
Make seizures of drugs or containers or equipment, punches, dies, plates, stone, labeling, or other things, if they are, or he or she has reasonable grounds to believe that they are, subject to seizure and condemnation under §§
20-64-307
and
20-64-308
.
Amended by Act 2019, No. 910,§ 5100, eff. 7/1/2019.
Acts 1967, No. 492, § 9; A.S.A. 1947, § 82-2109.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 3 - ARKANSAS DRUG ABUSE CONTROL ACT (§§ 20-64-301 — 20-64-317) › Section 20-64-317 - Rules

(a)
The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health.
(b)
Before the rules or amendments thereto shall become effective, the board shall publish notice two (2) times weekly for two (2) consecutive weeks in a newspaper of general circulation in this state, setting forth in the newspaper notice a concise summary of the proposed rule or amendment thereto and setting forth, in addition, the time and place at which open public hearings are to be held on the rules.
(c)
The hearing shall be held not earlier than ten (10) days nor later than fifteen (15) days following the last published notice thereon.
(d)
The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those regulations promulgated under the Federal Food, Drug, and Cosmetic Act.
Amended by Act 2019, No. 315,§ 2228, eff. 7/24/2019.
Acts 1967, No. 492, § 8; A.S.A. 1947, § 82-2108.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 4 - HALLUCINOGENIC DRUGS (§§ 20-64-401 — 20-64-403) › Section 20-64-401 - Penalties

(a)
Any person violating any provision of this subchapter shall be guilty of a felony and upon conviction shall be subject to imprisonment in the state penitentiary for a term of not less than three (3) years nor more than five (5) years.
(b)
For the second or any subsequent violation of this subchapter, the person shall be subject to imprisonment in the state penitentiary for a term of not less than five (5) years or more than ten (10) years.
Acts 1967, No. 111, § 3; A.S.A. 1947, § 82-2112.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 4 - HALLUCINOGENIC DRUGS (§§ 20-64-401 — 20-64-403) › Section 20-64-402 - Use, possession, sale, etc., prohibited - Generally

It shall be unlawful for any person, except as provided in this subchapter, to use, possess, have in one's possession, sell, exchange, give or attempt to give to another, barter, or otherwise dispose of:
(1)
Lysergic acid;
(2)
LSD, which is d-lysergic acid diethylamide;
(3)
DMT, which is N-N-dimethyltryptamine;
(4)
Any compound, mixture, or preparation which is physiologically similar to any drug listed in subdivisions (1)-(3) of this section in its effect on the central nervous system; or
(5)
Any salt or derivative of any drug listed in subdivisions (1)-(3) of this section.
Acts 1967, No. 111, § 1; A.S.A. 1947, § 82-2110.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 4 - HALLUCINOGENIC DRUGS (§§ 20-64-401 — 20-64-403) › Section 20-64-403 - Use, possession, sale, etc., prohibited - Exceptions

The drugs enumerated in §
20-64-402
may lawfully be possessed by:
(1)
A manufacturer licensed by the United States Food and Drug Administration to produce and distribute the drugs, or his or her agent, to be sold only to a person authorized in this section to possess the drugs or transport in interstate commerce. Each shipment must bear the identifying number assigned by the United States Food and Drug Administration;
(2)
(A)
A licensed pharmacy, to be dispensed only to a licensed physician or research scientist qualified under subdivision (3) or subdivision (4) of this section.
(B)
However, every pharmacy which receives or dispenses the drug shall keep a record showing the date, amount, and source of drugs received, the date of dispensing, the name and address of the person to whom dispensed, and the kind and quantity of drugs.
(C)
The record shall be kept for a period of three (3) years from the date of the transaction recorded and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer;
(3)
(A)
A licensed physician, provided that every physician who receives or administers the drug shall keep a record showing the date, amount, and source of drugs received, the date of administration, the name and address of the person to whom administered, and the kind and quantity of drugs.
(B)
Every record shall be kept for a period of three (3) years from the date of administration and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.
(C)
Any physician who administers any drug listed in §
20-64-402
to any human being shall keep the patient under his or her personal supervision and care until the effect of the drug has entirely ceased; and
(4)
(A)
A licensed psychologist or a member of the faculty of a college or university in this state who is qualified by scientific training and experience to investigate the safety and effectiveness of the drugs, to be used only for research and not to be administered to any human being except under the supervision of a physician as provided in subdivision (3) of this section.
(B)
Any psychologist or research scientist who uses the drug shall keep a record showing the date, amount, and source of drugs received and the disposition and use of all drugs.
(C)
Every record shall be kept for a period of three (3) years from date of use and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.
Acts 1967, No. 111, § 2; A.S.A. 1947, § 82-2111.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-501 - Applicability

Nothing in this subchapter shall apply to the sale of chemicals or poisons for use for nonmedical purposes, or for uses as insecticides or biologics or medicine used for the cure, mitigation, or prevention of disease of animals or fowl, and uses for agricultural use which comply with the requirements of the Federal Food, Drug, and Cosmetic Act and all amendments thereto unless those products are prescription drugs under this subchapter.
Acts 1969, No. 173, § 5; A.S.A. 1947, § 82-2117; Acts 1991, No. 739, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-502 - Construction

(a)
This subchapter shall be construed to repeal only those provisions of the pharmacy laws of Arkansas in direct and specific conflict herewith.
(b)
The provisions of this subchapter shall otherwise be cumulative to the pharmacy laws of Arkansas.
Acts 1969, No. 173, § 7.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-504 - Sales - Permit required

It shall be unlawful for any person to sell or offer for sale by advertisement, circular, letter, sign, oral solicitation, or any other means any prescription drug unless the person holds and possesses a permit authorizing the sale as provided by this subchapter.
Acts 1969, No. 173, § 4; 1979, No. 751, § 6; A.S.A. 1947, § 82-2116; Acts 1991, No. 739, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-505 - Wholesale distributor - Permit required

(a)
Every wholesale distributor who shall engage in the wholesale distribution of prescription drugs, to include without limitation, manufacturing in this state, shipping into this state, or selling or offering to sell in this state, shall register annually with the Arkansas State Board of Pharmacy by application for a permit on a form furnished by the board and accompanied by a fee of two hundred dollars ($200). The board may require a separate license for each facility directly or indirectly owned or operated by the same business entity within this state, or for a parent entity with divisions, subdivisions, subsidiaries, or affiliate companies within this state when operations are conducted at more than one (1) location and there exists joint ownership and control among all the entities.
(b)
(1)
The permit may be renewed annually at a renewal permit fee of one hundred dollars ($100).
(2)
All permits issued under this section shall expire on December 31 of each calendar year.
(3)
Each application for the renewal of the permit must be made on or before December 31 of each year, at which time the previous permits shall become null and void.
(c)
Each permit issued hereunder shall be displayed by the holder thereof in a conspicuous place.
Acts 1969, No. 173, § 2; 1979, No. 751, § 4; 1981, No. 257, § 2; A.S.A. 1947, § 82-2114; Acts 1991, No. 739, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-506 - Wholesale distributors - Shipment to certain licensed professionals

(a)
All wholesale distributors must, before shipping to a recipient in this state any prescription drug as defined in this subchapter, ascertain that the person to whom shipment is made is either a physician licensed by the Arkansas State Medical Board, a licensed doctor of dentistry, a licensed doctor of veterinary medicine, a licensed doctor of podiatric medicine, a hospital licensed by the State Board of Health, a licensed wholesale distributor as defined in this subchapter, a pharmacy licensed by the Arkansas State Board of Pharmacy, or other entity authorized by law to purchase or possess prescription drugs.
(b)
No wholesale distributor shall ship any prescription drug to any person after receiving written notice from the Arkansas State Board of Pharmacy that the person no longer holds a registered pharmacy permit or is not a licensed physician, dentist, veterinarian, or hospital.
Acts 1969, No. 173, § 2; 1979, No. 751, § 4; 1981, No. 257, § 2; A.S.A. 1947, § 82-2114; Acts 1991, No. 739, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-507 - Rules

(a)
The Arkansas State Board of Pharmacy shall adopt rules for the wholesale distribution of prescription drugs which promote the public health and welfare and which comply with the minimum standards, terms, and conditions of the Prescription Drug Marketing Act and federal regulations, including without limitations
21 C.F.R. § 205
, for licensing by state authorities of persons who engage in the wholesale distribution in interstate commerce of prescription drugs. The rules shall include without limitation:
(1)
Minimum information from each wholesale distributor required for licensing and renewal of licenses;
(2)
Minimum qualifications of persons who engage in the wholesale distribution of prescription drugs;
(3)
Appropriate education or experience, or both, of persons employed in wholesale distribution of prescription drugs who assume responsibility for positions related to compliance with state licensing requirements;
(4)
Minimum requirements for the storage and handling of prescription drugs; and
(5)
Minimum requirements for the establishment and maintenance of prescription drug distribution records.
(b)
In the event that this subchapter or rules promulgated under this subchapter conflict with the federal Prescription Drug Marketing Act or federal regulations, the federal Prescription Drug Marketing Act or federal regulations shall control.
(c)
The board shall appoint an advisory committee composed of seven (7) members, one (1) of whom shall be a representative of a pharmacy but who shall not be a member of the board, three (3) of whom shall be representatives of wholesale drug distributors, and three (3) of whom shall be representatives of drug manufacturers. The committee shall review and make recommendations to the board on the merit of all rules dealing with pharmacy distributors, wholesale drug distributors, and drug manufacturers which are proposed by the board.
Amended by Act 2019, No. 315,§ 2229, eff. 7/24/2019.
Acts 1969, No. 173, § 3; 1979, No. 751, § 5; 1981, No. 257, § 3; A.S.A. 1947, § 82-2115; Acts 1991, No. 739, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-508 - Revocation or suspension of licenses

The Arkansas State Board of Pharmacy may revoke or suspend an existing license or may refuse to issue a license under this subchapter if the holder or applicant has committed or is found guilty by the board of any of the following:
(1)
Violation of any federal, state, or local law, rule, or regulation relating to drugs;
(2)
Violation of any provisions of this subchapter or any rule promulgated hereunder; or
(3)
Commission of an act or engaging in a course of conduct which constitutes a clear and present danger to the public health and safety.
Amended by Act 2019, No. 315,§ 2230, eff. 7/24/2019.
Acts 1969, No. 173, § 3; 1979, No. 751, § 5; 1981, No. 257, § 3; A.S.A. 1947, § 82-2115; Acts 1991, No. 739, § 7.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-509 - Penalties

(a)
After notice and hearing, whenever the Arkansas State Board of Pharmacy has found a licensee to have committed any act enumerated in §
20-64-508
, the board shall have the power to impose a civil penalty and may order the license to be suspended until the penalty is paid.
(b)
Before imposing any civil penalty, the board shall determine that the public health and welfare would not be impaired by the imposition of the penalty and that payment of the penalty will achieve the desired disciplinary purposes.
(c)
No penalty imposed by the board shall exceed one thousand dollars ($1,000) per violation, nor shall the board impose a penalty on a licensee where the license has been revoked by the board for a violation.
(d)
Each instance where a federal, state, or local law or regulation is violated shall constitute a separate violation.
(e)
The power and authority of the board to impose penalties is not to be affected by any other civil or criminal proceeding concerning the same violation, nor shall the imposition of a penalty preclude the board from imposing other sanctions short of revocation.
Acts 1991, No. 739, § 8.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-510 - Hearing procedures

The procedure for notice, hearing, and appeals therefrom shall be that of the Arkansas State Board of Pharmacy set forth in §
17-92-313
, and that of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1991, No. 739, § 9.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-511 - Violations

A person violating any provision of this subchapter shall be guilty of a Class A misdemeanor.
Acts 1991, No. 739, § 10.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-512 - Inspection of records

(a)
(1)
The Arkansas State Board of Pharmacy may conduct inspections upon all premises purporting or appearing to be used by a person licensed under this subchapter.
(2)
The board in its discretion may accept a satisfactory inspection by the United States Food and Drug Administration or a state agency of another state which the board determines to be comparable to that made by the United States Food and Drug Administration or the board.
(b)
A licensed person may keep records at a central location apart from the principal office of the licensee or the location at which the drugs were stored and from which they are distributed.
Acts 1991, No. 739, § 11.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 5 - CONTROLLED SUBSTANCES AND LEGEND DRUGS (§§ 20-64-501 — 20-64-513) › Section 20-64-513 - Injunctive powers

The Arkansas State Board of Pharmacy may, in its discretion and in addition to various remedies provided by law under this subchapter, apply to a court having competent jurisdiction over the parties and subject matter for a writ of injunction to restrain violations of this subchapter or of any conduct which constitutes a clear and present danger to the public health and safety.
Acts 1991, No. 739, § 12.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 6 - ALCOHOL AND DRUG ABUSE PREVENTION GENERALLY (§§ 20-64-601 — 20-64-604) › Section 20-64-601 - [Repealed]

Repealed by Act 2013, No. 1107,§ 19, eff. 8/16/2013.
Acts 1977, No. 644, § 1; A.S.A. 1947, § 82-2132 Acts 2007, No. 251, § 4; 2007, No. 827, § 171.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 6 - ALCOHOL AND DRUG ABUSE PREVENTION GENERALLY (§§ 20-64-601 — 20-64-604) › Section 20-64-603 - Secretary of the Department of Human Services - Administration of state plans

The Secretary of the Department of Human Services shall be the single state authority and shall have primary responsibility for administering the state plan on alcohol abuse and alcoholism and the state plan on drug abuse prevention.
Amended by Act 2019, No. 910,§ 5213, eff. 7/1/2019.
Acts 1977, No. 644, § 1; A.S.A. 1947, § 82-2132.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 7 - ALCOHOLICS (§§ 20-64-701 — 20-64-708) › Section 20-64-701 - Legislative findings

(a)
The purpose of this subchapter is to help prevent broken homes and the loss of life, health, money, and property by creating an agency which shall coordinate the efforts of all interested and affected state and local agencies; develop educational and preventative programs; promote and aid study and research relating to problems of alcoholism; and promote the establishment of constructive programs for treatment aimed at the reclamation and rehabilitation of alcoholics.
(b)
Alcoholism is recognized as an illness and a public health problem affecting the general welfare and economy of the state and, as an illness, is subject to treatment and abatement.
(c)
The sufferer of alcoholism is recognized as one worthy of treatment and rehabilitation.
(d)
The need for proper and sufficient facilities, programs, and procedures within the state for the study, control, and treatment of alcoholism is recognized.
(e)
It is contemplated and intended that this subchapter shall not become involved with or become a vehicle for either the commonly called "dry" or "wet" movements, for it is recognized that alcoholism is a problem irrespective of any laws relating to the manufacture, sale, or consumption of alcoholic beverages.
(f)
It is declared that the procedure for commitment of alcoholics, as provided for in this subchapter, is not punitive but is a committal for treatment of an illness affecting not only the individual involved but also the public welfare.
Acts 1955, No. 411, § 1; A.S.A. 1947, § 83-701.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 7 - ALCOHOLICS (§§ 20-64-701 — 20-64-708) › Section 20-64-702 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Alcoholic" means any person who chronically and habitually uses alcoholic beverages to the extent that the person has lost the power of self-control with respect to the use of such beverages, or who while chronically and habitually under the influence of alcoholic beverages endangers public morals, health, safety, or welfare;
(2)
"Alcoholic beverages" includes alcoholic spirits, liquors, wines, beer, and every liquid or fluid containing alcohol which is capable of being consumed by human beings and produces intoxication in any form or in any degree; and
(3)
"Alcoholism" has reference to any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of alcoholic beverages.
(4)
[Repealed.]
(5)
[Repealed.]
Amended by Act 2019, No. 389,§ 70, eff. 7/24/2019.
Amended by Act 2017, No. 913,§ 93, eff. 8/1/2017.
Acts 1955, No. 411, § 3; A.S.A. 1947, § 83-703.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 7 - ALCOHOLICS (§§ 20-64-701 — 20-64-708) › Section 20-64-703 - Construction

This subchapter shall be liberally construed to accomplish the purposes sought in it.
Acts 1955, No. 411, § 2; A.S.A. 1947, § 83-702.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 7 - ALCOHOLICS (§§ 20-64-701 — 20-64-708) › Section 20-64-705 - Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services - Power to accept gifts

(a)
(1)
The Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, on behalf of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, may receive any federal means, grants, contributions, gifts, and loans which are payable or distributable to the State of Arkansas by the United States Government or any of its agencies or instrumentalities, under any existing or future federal laws or statutes or rules or regulations of the agencies or instrumentalities, received for or on account of any of the functions performable by the division.
(2)
The division may also receive gifts, grants, donations, fees, conveyances, or transfers of money and property, both real and personal, from private and public sources, to effectuate the purposes of this subchapter.
(b)
The deputy director, on behalf of the division, shall sell or dispose of such real or personal property as the division deems advisable, upon specific authorization of the division.
(c)
Any funds and income from any property so furnished or transferred to the deputy director on behalf of the division shall be placed in the State Treasury in a special fund and expended in the same manner as other state moneys are expended, upon warrants drawn by the comptroller upon the order of the division.
(d)
Any of the moneys, funds, and property described in this section are appropriated for the purpose of carrying out the provisions of this subchapter.
Amended by Act 2019, No. 389,§ 71, eff. 7/24/2019.
Amended by Act 2017, No. 913,§ 94, eff. 8/1/2017.
Amended by Act 2013, No. 1107,§ 22, eff. 8/16/2013.
Acts 1955, No. 411, § 7; A.S.A. 1947, § 83-707.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 7 - ALCOHOLICS (§§ 20-64-701 — 20-64-708) › Section 20-64-706 - Division of Aging, Adult, and Behavioral Health Services - Rules

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be responsible for the adoption of all policies and shall make all rules appropriate to the proper accomplishment of its functions under this subchapter and to the allocation of its funds.
Amended by Act 2017, No. 913,§ 94, eff. 8/1/2017.
Amended by Act 2013, No. 1107,§ 23, eff. 8/16/2013.
Acts 1955, No. 411, § 8; A.S.A. 1947, § 83-708.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 7 - ALCOHOLICS (§§ 20-64-701 — 20-64-708) › Section 20-64-707 - Division of Aging, Adult, and Behavioral Health Services - Cooperation by other departments

(a)
To effectuate the purpose of this subchapter and to make maximum use of existing facilities and personnel, it is the duty of all departments and agencies of the state government and all officers and employees of the state, when requested by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, to cooperate with it in all activities consistent with their proper respective functions.
(b)
This section does not give the division control over existing facilities, institutions, or agencies, or require the facilities, institutions, or agencies to serve the division inconsistently with their respective functions, or with the authority of their respective offices, or with the laws and regulations governing their respective activities, or give the division power to make use of any private institution or agency without the consent of the private institution or agency, or to pay a private institution or agency for services which a public institution or agency is willing and able to perform adequately.
Amended by Act 2017, No. 913,§ 94, eff. 8/1/2017.
Amended by Act 2013, No. 1107,§ 24, eff. 8/16/2013.
Acts 1955, No. 411, § 6; A.S.A. 1947, § 83-706.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 8 - ALCOHOL OR DRUG ADDICTS (§§ 20-64-801 — 20-64-830) › Section 20-64-801 - Definitions

As used in this subchapter:
(1)
"Administrator" refers to the chief administrative officer or executive director of any private or public facility or program designated as a receiving facility or program by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;
(2)
"Detention" refers to any confinement of a person against his or her wishes and begins either:
(A)
When a person is involuntarily brought to a receiving facility or program;
(B)
When the person appears for the initial hearing; or
(C)
When a person on a voluntary admission is in a receiving facility or program pursuant to §
20-64-810
;
(3)
"Evaluation" means an assessment prepared by a receiving facility to include a description of the existence and extent of the person's addiction to alcohol or drugs;
(4)
"Gravely disabled" refers to a person who, if allowed to remain at liberty, is substantially likely, by reason of addiction to alcohol or other drugs, to physically harm himself or herself or others as a result of inability to make a rational decision to receive medication or treatment, as evidenced by:
(A)
Inability to provide for his or her own food, clothes, medication, medical care, or shelter;
(B)
An inability to avoid or protect himself or herself from severe impairment or injury without treatment; or
(C)
Placement of others in a reasonable fear of violent behavior or serious physical harm to them;
(5)
"Homicidal" refers to a person who is addicted to alcohol or drugs and poses a significant risk of physical harm to others as manifested by recent overt behavior evidencing homicidal or other violent assaultive tendencies;
(6)
"Person" shall mean a citizen of the State of Arkansas who is eighteen (18) years of age or older;
(7)
"Receiving facility or program" refers to a residential, inpatient, or outpatient treatment facility or program which is designated within each geographical area of the state by the division to accept the responsibility for care, custody, and treatment of persons voluntarily admitted or involuntarily committed to the facility or program; and
(8)
"Suicidal" refers to a person who is addicted to alcohol or other drugs and by reason thereof poses a substantial risk to himself or herself as manifested by evidence of, threats of, or attempts at suicide or serious self-inflicted bodily harm, or by evidence of other behavior or thoughts that create a grave and imminent risk to his or her physical condition.
Amended by Act 2017, No. 913,§ 95, eff. 8/1/2017.
Amended by Act 2013, No. 1107,§ 26, eff. 8/16/2013.
Amended by Act 2013, No. 1107,§ 25, eff. 8/16/2013.
Acts 1989 (3rd Ex. Sess.), No. 10, § 1; 1991, No. 150, § 1; 1995, No. 1268, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 8 - ALCOHOL OR DRUG ADDICTS (§§ 20-64-801 — 20-64-830) › Section 20-64-802 - Jurisdiction

The circuit courts of this state shall have exclusive jurisdiction for the involuntary commitment procedures initiated pursuant to this subchapter. The circuit judge may conduct hearings pursuant to this subchapter in a receiving facility or program where the person is detained or residing at the Arkansas State Hospital or within any county of his or her judicial district.
Acts 1989 (3rd Ex. Sess.), No. 10, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 8 - ALCOHOL OR DRUG ADDICTS (§§ 20-64-801 — 20-64-830) › Section 20-64-803 - Civil immunity

The prosecuting attorney, deputy prosecuting attorneys, the Prosecutor Coordinator, law enforcement officers, governing boards of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, employees of the division, governing boards of designated receiving facilities, and employees of designated receiving facilities and programs shall be immune from civil liability for performance of duties imposed by this subchapter.
Amended by Act 2017, No. 913,§ 96, eff. 8/1/2017.
Amended by Act 2013, No. 1107,§ 27, eff. 8/16/2013.
Acts 1989 (3rd Ex. Sess.), No. 10, § 19; 1995, No. 1268, § 2; 1997, No. 1246, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 64 - ALCOHOL AND DRUG ABUSE (§§ 20-64-101 — 20-64-1103) › Subchapter 8 - ALCOHOL OR DRUG ADDICTS (§§ 20-64-801 — 20-64-830) › Section 20-64-804 - Habeas corpus

Nothing in this subchapter shall in any way restrict the right of any person to attempt to secure his or her freedom by a habeas corpus proceeding as provided by current Arkansas law.
Acts 1989 (3rd Ex. Sess.), No. 10, § 20.