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 3 - ARKANSAS MEDICAL PRACTICES ACT - ARKANSAS STATE MEDICAL BOARD (§§ 17-95-301 — 17-95-310) › Section 17-95-304 - Inspectors - Use of prescriptions, orders, or records

(a)
(1)
The Arkansas State Medical Board shall utilize the investigators and inspectors of the Division of Pharmacy Services and Drug Control of the Department of Health.
(2)
The Department of Health is directed to make investigators and inspectors available for those purposes for as long as they may conduct investigations and inspections of prescriptions.
(b)
(1)
(A)
The investigators may obtain copies of prescriptions, orders, and records as admissible evidence without the necessity of the issuance of an administrative inspection warrant or search warrant.
(B)
However, investigators must have in their possession an authorization by the Director of the Division of Pharmacy Services and Drug Control of the Department of Health.
(2)
The inspectors shall have the duty and authority upon written direction by the Director of the Arkansas State Medical Board to investigate, inspect, and make copies of the records, orders, and prescriptions, wherever located, of all persons licensed by the board in order to determine whether or not the persons have:
(A)
Violated the laws of the State of Arkansas or of the United States respecting the prescription and use of narcotics and potentially dangerous drugs;
(B)
Practiced their profession in such a way as to endanger the general health and welfare of the public; or
(C)
Violated the provisions of the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq.
(3)
The licensee may refuse the request of the investigator and not tender copies of the records.
(c)
(1)
The copies of prescriptions, orders, or records shall not become public records by reason of their use in disciplinary proceedings held by the board, nor shall the patient's or physician's property right to the prescriptions be extinguished by that use.
(2)
(A)
If the prescriptions, orders, or records are to be used in criminal proceedings, they shall be obtained by the inspectors only on an administrative inspection warrant as authorized by §
5-64-502
.
(B)
However, no administrative inspection warrant is necessary when the prescriptions, orders, or records are to be used solely for board disciplinary purposes.
(d)
The board shall have the power, in lieu of a letter of authority, to issue to the investigators a subpoena to obtain copies of the records referred to in this section, and the investigators will have the authority to serve the subpoena and to collect the records.
(e)
If a witness served with a subpoena fails to honor the subpoena, then the board may apply to the circuit court for remedies as provided in the Arkansas Rules of Civil Procedure. The court shall have the power to punish the disobedient witness for contempt as is now provided by law in the trial of civil cases.
(f)
(1)
The division shall have the authority to collect from the individual board utilizing the services delineated in this section up to fifty dollars ($50.00) per hour with a maximum of four thousand dollars ($4,000) in hourly costs per case.
(2)
The division shall also have the authority to collect from the individual board utilizing the services delineated in this section for:
(A)
Travel expenses at the level for state employees; and
(B)
Other out-of-pocket costs incurred by the division in carrying out its investigative task.
(g)
The board may collect costs incurred under subsection (f) of this section from the licensees being investigated by the division.
Amended by Act 2019, No. 910,§ 4898, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 4897, eff. 7/1/2019.
Amended by Act 2017, No. 69,§ 3, eff. 8/1/2017.
Acts 1955, No. 65, § 2; 1979, No. 150, § 1; A.S.A. 1947, § 72-602; Acts 1997, No. 493, § 2; 2005, No. 1410, § 2.