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 3 - LICENSED PHARMACISTS (§§ 17-92-301 — 17-92-317) › Section 17-92-315 - Alternative penalties

(a)
(1)
Whenever the Arkansas State Board of Pharmacy has authority pursuant to applicable laws to suspend, revoke, or deny any permit, license, certificate, credential, or registration or otherwise impose penalties or sanctions on the holder thereof, the board shall have the power and authority to impose on the holder thereof any one (1) or more of the following sanctions:
(A)
A monetary penalty not to exceed five hundred dollars ($500) for each violation;
(B)
Require completion of appropriate education programs or courses, or both;
(C)
Require successful completion of an appropriate licensing examination, jurisprudence examination, credentialing examination, or any combination of the three (3) examinations;
(D)
Place conditions or restrictions upon regulated activities of the holder of the license, permit, certificate, credential, or registration; and
(E)
Such other requirements or penalties as may be appropriate to the circumstances of the case and which would achieve the desired disciplinary purposes, but which would not impair the public health and welfare.
(2)
The board is authorized to file suit in either the Pulaski County Circuit Court or the circuit court of any county in which the defendant resides or does business to collect any monetary penalty assessed pursuant to this chapter if such a penalty is not paid within the time prescribed by the board.
(3)
Upon imposition of a sanction, the board may order that the license, permit, certificate, credential, or registration be suspended until the holder thereof has complied in full with all applicable sanctions imposed pursuant to this section.
(b)
(1)
(A)
A monetary penalty imposed by the board shall not exceed one thousand dollars ($1,000) per violation.
(B)
The board may impose a monetary penalty on a license, permit, certificate, credential, or registration holder if the license, permit, certificate, credential, or registration has been revoked by the board for such a violation.
(C)
The board may collect out-of-pocket costs of an investigation incurred by the board to conduct a disciplinary hearing.
(2)
Each instance when a federal or state law or board rule is violated shall constitute a separate violation.
(3)
The power and authority of the board to impose sanctions authorized in this section are 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.
(c)
Any person sanctioned by the board under this section may appeal any order of the board as now provided by the state pharmacy laws.
(d)
In addition to other sanctions authorized by this chapter, the board may also impose a civil penalty under this section against an unlicensed person or entity practicing or providing goods or services or offering to practice or provide any goods or services requiring licensure under this chapter.
(e)
The board may collect costs of inspections incurred by the board while inspecting a permitted facility that is out of state.
Amended by Act 2017, No. 477,§ 4, eff. 8/1/2017.
Amended by Act 2017, No. 477,§ 3, eff. 8/1/2017.
Acts 1979, No. 143, §§ 1, 2; 1983, No. 511, § 7; 1985, No. 616, § 1; A.S.A. 1947, §§ 72-1011.7a, 72-1011.7b; Acts 1991, No. 740, § 14; 1999, No. 105, § 10; 2009, No. 355, § 4.