Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 33 - Division of Health Related Boards and Commissions › Rule 007.33.21-008 - RULE 1 - GENERAL OPERATIONS

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS STATE BOARD OF PHARMACY RULES
RULE 1
-GENERAL OPERATIONS
01-00-0001
-DESCRIPTION OF THE
			 BOARD
The Arkansas State Board of Pharmacy shall consist of six
				pharmacist members as provided by Arkansas Code
				17-92-201(a)(1) and
				(2), AND
				17-92-201(d)
				plus a consumer member and a senior citizen consumer member as provided by
				Arkansas Code
				17-92-201(a)(3).
				The qualifications, powers, and duties of the Board shall be those enumerated
				by the provisions of A.C.A.
				17-92-201
				through
				17-92-208.
				(10/9/80, amended 6/20/91)
01-00-0002
-LOCATION OF BOARD
			 OFFICES
The office of the Arkansas State Board of Pharmacy shall be
				located at 322 South Main Street, Suite 600, Little Rock, Arkansas. All
				communications thereto may be addressed to Arkansas State Board of Pharmacy,
				322 South Main Street, Suite 600, Little Rock, AR 72201. (10/9/89, Amended
				5/31/2014)
01-00-0003
-REQUESTS FOR INFORMATION
Any person or persons seeking information respecting the
				Arkansas State Board of Pharmacy or desiring to submit complaints or charges
				thereto or make request thereof shall do so by filing with the Board an
				instrument in writing, signed by the writer and containing a return address.
				Communications need not be typed but should be legible.
				(10/9/80)
01-00-0004
-LICENSEES GOVERNED BY PHARMACY PRACTICE ACT
Except wherein items of practice and procedure are specifically
				set out in these rules, the practice and procedure before the Arkansas State
				Board of Pharmacy shall be governed by the provisions of the Pharmacy Practice
				Act. (10/9/80 amended 8/1/2020)
01-00-0005
-CERTIFICATES OF
			 LICENSURE--EXPIRATION
(a) All retail
			 pharmacy permits, out-of-state pharmacy permits, specialty pharmacy permits,
			 and pharmacist licenses shall expire on December 31 of the first odd-numbered
			 year following the date of their issuance.
(b) All preceptor permits shall expire on
			 December 31 of the first odd-numbered year following the date of their
			 issuance.
(c)
(1) An intern license issued to a student
			 intern shall expire six (6) months following graduation or when the intern is
			 issued a pharmacist license, whichever occurs first.
(2) Intern licenses issued to foreign
			 graduates shall expire on December 31 of the second calendar year following the
			 date of issuance or when the intern is issued a pharmacist license, whichever
			 occurs first.
(d)
			 Non-renewable provisional licenses and provisional registrations shall expire
			 six months after the date of issuance or upon issuance of a pharmacist, intern
			 or technician license, whichever comes first.
(e) All pharmacy technician permits, hospital
			 pharmacy permits, ambulatory care center pharmaceutical services permits,
			 wholesale distributors of legend or controlled substance permits, wholesale
			 distributors of medical equipment, legend devices, and medical gases permits,
			 institutional pharmaceutical services permits, List I chemical permits and
			 charitable clinic permits shall expire on December 31 of the first
			 even-numbered year following the date of the issuance of the permit, license,
			 registration, or certificate.
(f)
			 Charitable clinic permits shall expire on December 31 of the first
			 even-numbered year following the date of the issuance of the permit, license,
			 registration, or certificate.
(g)
			 Every license, permit, registration, and certificate not renewed within ninety
			 (90) days after expiration thereof shall be null and void.
(1) Every licensed pharmacist engaged in the
			 active practice of pharmacy shall pay to the Board of Pharmacy a renewal fee as
			 defined in rule 01-00-0007. If the renewal fee for any pharmacist license is
			 unpaid by the first day of February following the date of expiration, the
			 holder thereof must pay a penalty as defined in rule 01-00-0007 for each month
			 thereafter, provided that if the renewal is unpaid by the first day of April
			 following the date of expiration, such certificate shall be null and void and
			 the holder must be reinstated as a licensed pharmacist by satisfying the State
			 Board of Pharmacy that he or she is competent and qualified to compound and
			 fill prescriptions, and must pay a reinstatement fee as defined in rule
			 01-00-0007 for each delinquent year up to a maximum as defined in rule
			 01-00-0007 plus the current year's renewal fee.
(2) Every registered pharmacy technician
			 shall pay to the Board of Pharmacy a renewal fee as defined in rule 01-00-0007.
			 If the renewal fee for any pharmacy technician registration is unpaid by the
			 first day of February following the date of expiration, the holder thereof must
			 pay a penalty as defined in rule 01-00-0007 for each month thereafter, provided
			 that if the renewal is unpaid by the first day of April following the date of
			 expiration, such registration shall be null and void. The pharmacy technician
			 may be reinstated as a pharmacy technician upon payment of a reinstatement fee
			 as defined in rule 01-00-0007 plus the renewal fee.
(3) Every preceptor shall pay to the Board of
			 Pharmacy a renewal fee as defined in rule 01-000007. If the renewal fee for the
			 preceptor license is unpaid by the first day of July following the date of
			 expiration, the holder thereof must pay a penalty as defined in rule 01-00-0007
			 for each month thereafter, provided that if the renewal is unpaid by the first
			 day of September following the date of expiration, such registration shall be
			 null and void.
(4) Every licensed
			 pharmacy, hospital, ambulatory care center, wholesale distributor, List I
			 chemical or supplier of medical equipment, legend device or medical gas shall
			 pay to the Board of Pharmacy a renewal fee as defined in rule 01-00-0007. If
			 the renewal fee for any pharmacy or business license is unpaid by the first day
			 of February following the date of expiration, the holder thereof must pay a
			 penalty as defined in rule 01-00-0007 for each month thereafter, provided that
			 if the renewal is unpaid by the first day of April following the date of
			 expiration, such license shall be null and void.
(10/09/80, Amended 10/14/81, Act of 1985, 6/20/91, 8/23/96,
				11/13/2006, 7/27/2011, 8/1/2020 and 2/14/2022)
01-00-0006
-BOARD
			 OF PHARMACY MEETING REQUIREMENTS
The Arkansas State Board of Pharmacy shall meet the second
				Tuesday and Wednesday in February, the second Tuesday and Wednesday in June or
				at the time of the Annual Meeting of the Arkansas Pharmacists Association in
				June, and the second Tuesday and Wednesday in October of each year--unless
				changed and announced in advance by the Board of Pharmacy. Examination of
				candidates for licensure to practice pharmacy shall be on dates, and at times
				and places as determined by the Board of Pharmacy. (10/09/80 Amended 6/20/91,
				and 11/13/2006)
01-00-0007
-FEES CHARGED BY THE BOARD OF PHARMACY
(a) The fees charged by the Arkansas State
			 Board of Pharmacy for the various examinations, permits, licenses,
			 certificates, and books issued by the board shall be as follows:
(1) The fee for examination to become a
			 licensed pharmacist upon examination shall be twenty-five dollars ($25.00) plus
			 the actual cost of the examination;
(2) The fee for a license as a licensed
			 pharmacist from another state by reciprocity (license transfer) shall be two
			 hundred dollars ($200);
(3)
(A) The fee for the initial issuance of a
			 license as a licensed pharmacist shall be seventy-five dollars
			 ($75.00);
(B) The fee for the
			 renewal of a license as a licensed pharmacist shall be seventy-five dollars
			 ($75.00) per year;
(4)
(A)
(i) The
			 fee for issuance of a permit for the first time to operate an in-state pharmacy
			 shall be three hundred dollars ($300);
(ii) The fee for renewal of a permit to
			 operate an in-state pharmacy shall be one hundred fifty dollars ($150) per
			 year;
(iii) When there is a change
			 of ownership of an in-state pharmacy, a new permit must be obtained, and the
			 fee shall be one hundred fifty dollars ($150);
(B)
(i) The
			 fee for issuance of a permit for the first time to operate a specialty pharmacy
			 shall be three hundred dollars ($300);
(ii) The fee for renewal of a permit to
			 operate a specialty pharmacy shall be one hundred fifty ($150) per
			 year;
(iii) When there is a change
			 in ownership in a specialty pharmacy, a new permit must be obtained and the fee
			 shall be one hundred fifty dollars ($150);
(C)
(i) The
			 fee for issuance of a permit for the first time to operate an out-of-state
			 pharmacy shall be three hundred dollars ($300);
(ii) The fee for renewal of a permit to
			 operate an out-of-state pharmacy shall be one hundred fifty dollars ($150) per
			 year;
(iii) When there is a change
			 in ownership in an out-of-state pharmacy or drug store, a new permit must be
			 obtained, and the fee shall be one hundred fifty dollars ($150);
(5) The fee for a
			 certificate as a licensed pharmacist shall be ten dollars ($10.00);
(6) The fee for certifying grades in
			 connection with an application for reciprocity (license transfer) shall be ten
			 dollars ($10.00);
(7)
(A) The fee for issuance of a hospital
			 pharmaceutical service permit shall be three hundred dollars ($300), and the
			 fee for the renewal of a hospital pharmaceutical service permit shall be one
			 hundred fifty dollars ($150) per year.
(B) When there is a change of ownership of a
			 hospital pharmacy, a new permit must be obtained and the fee shall be one
			 hundred fifty dollars ($150);
(C)
(i) The fee for issuance of an ambulatory
			 care center pharmaceutical service permit shall be three hundred dollars
			 ($300), and the fee for the renewal of an ambulatory care center pharmaceutical
			 service permit shall be one-hundred fifty dollars ($150) per year.
(ii) When there is a change in ownership of
			 an ambulatory care center pharmacy, a new permit must be obtained and the fee
			 shall be one hundred fifty dollars ($150);
(8)
(A) The
			 fee for issuance of an institutional pharmaceutical services permit shall be
			 thirty-five dollars ($35.00);
(B)
			 The fee for the renewal of an institutional pharmaceutical services permit
			 shall be thirty-five dollars ($35.00) per year;
(9) The fee for intern registration shall be
			 forty-five ($45.00) dollars.
(10)
			 The fee for change of pharmacist in charge of any pharmacy, or other facility
			 as described at §
											17-92-403
			 shall be thirty-five dollars ($35.00);
(11) The fee for reinstatement of a
			 pharmacist license shall be seventy-five dollars ($75.00) for each delinquent
			 year up to a maximum of three hundred dollars ($300);
(12) The fee for the Arkansas State Board of
			 Pharmacy law book shall be twenty-five dollars ($25.00) except to interns on
			 initial licensure, and applicants for reciprocity, on a one-time basis. A copy
			 of each edition as revised shall be provided free to each pharmacy permit
			 holder;
(13) The fee for a change
			 of location inspection shall be one hundred dollars ($100);
(14) The penalty for late payment of renewal
			 of any permit, license, registration or certificate, unless specifically stated
			 in this rule, shall be twenty dollars ($20.00) per month beginning the first
			 day of the second month after expiration, provided that if the renewal is not
			 paid by the first day of the fourth month after expiration, the license shall
			 be null and void;
(16)
(A) The fee for issuance of a wholesale
			 distributor of legend drugs and/or controlled substances permit shall be
			 three-hundred dollars ($300), and renewal shall be one-hundred fifty dollars
			 ($150) per year;
(B) When there is
			 a change in ownership of a wholesale distributor of legend drugs and/or
			 controlled substances, a new permit must be obtained and the fee shall be one
			 hundred fifty dollars ($150);
(17)
(A)
			 The fee for the original issuance of a pharmacy technician's permit shall not
			 exceed thirty-five ($35.00);
(B)
			 The fee for the renewal of a pharmacy technician's permit shall not exceed
			 thirty-five dollars ($35.00) per year;
(C) There shall be no fee for the original
			 issuance and renewal of a restricted charitable clinic pharmacy technician's
			 permit issued pursuant to Board Rule 04-03-0004(f).
(18) The reinstatement fee for a pharmacy
			 technician's permit shall not exceed forty dollars ($40.00); and
(19)
(A)
			 The application fee for a license to sell, rent, offer to sell, or rent
			 directly to patients in this state any home medical equipment, legend devices,
			 or medical gases shall not exceed two-hundred fifty dollars ($250);
(B) The license renewal fee shall not exceed
			 one hundred twenty-five dollars ($125);
(C) The change of ownership fee shall not
			 exceed one hundred twenty-five dollars ($125).
(20) The fee for issuance of a temporary
			 permit for a pharmacist on active duty in a branch of the armed forces shall
			 not exceed twenty-five dollars ($25.00) and shall be administered as defined in
			 rule 02-00-0004.
(21) The fee for
			 registration as a preceptor shall be twenty dollars ($20.00) every two
			 years.
(22)
(A) The fee for a permit for wholesale
			 distributors of List I chemicals shall not exceed three hundred dollars ($300),
			 and the renewal shall not exceed one hundred fifty dollars ($150) per
			 year.
(B) When there is a change of
			 ownership of a wholesale distributor of List I chemicals, a new permit must be
			 obtained and the fee shall not exceed one hundred fifty dollars
			 ($150).
(b)
			 All fees for examination for license shall be payable with the application and
			 shall not be subject to refund. All other fees are only refundable if it is
			 determined that there has been an overpayment.
(c) Should any license, certificate, or
			 registration not be renewed within ninety (90) days after expiration thereof,
			 it may be reinstated by the board as authorized in this section upon payment of
			 the renewal fee and reinstatement fee. However, the following are not subject
			 to reinstatement if not renewed within ninety (90) days after expiration:
(1) pharmacy permits,
(2) out of state pharmacy permits,
(3) specialty pharmacy permits,
(4) hospital permits,
(5) ambulatory care center pharmacy
			 permits,
(6) wholesale distributors
			 of legend drugs and/or controlled substance permits, or both; and
(7) suppliers of medical equipment, legend
			 devices, and/or medical gas licenses,
(8) institutional pharmacy permits
(9) List I chemical permits
(10) charitable clinic permits.
(d)
(1) All retail pharmacy permits, out of state
			 pharmacy permits, specialty pharmacy permits, and pharmacist licenses expiring
			 in odd-numbered years shall be renewed every two (2) years.
(2) All pharmacy technician permits, hospital
			 pharmaceutical service permits, ambulatory care center pharmaceutical services
			 permits, wholesale distributors of legend or controlled substance permits,
			 wholesale distributors of medical equipment, legend devices, and medical gases
			 permits, wholesale distributors of List I chemicals, institutional
			 pharmaceutical services permits, charitable clinic permits and any other
			 permit, license, registration, or certificate issued by the board expiring in
			 even-numbered years and not covered in subdivision (d) (1) of this section
			 shall be renewed every two (2) years.
(3) The fee for any biennial renewal term
			 will be the amount of two (2) annual renewal fees for the applicable license,
			 permit, registration, or certification as provided in subsection (a) of this
			 section.
(4) If the initial
			 licensure, permit, certificate, or registration occurs in the first year of a
			 biennial renewal term, the applicant shall pay the appropriate initial fee and
			 the applicable annual fee for the license, permit, certificate, or registration
			 for the second year in the renewal term, as provided in subsection (a) of this
			 section.
(5) If the initial
			 licensure, permit, certificate, or registration occurs in the second year of
			 the biennial renewal term, the applicant will only pay the original fee and
			 will not be responsible for the renewal fee until the biennial renewal period
			 for the license, permit, certificate, or registration. 8/23/96 (Amended
			 6/19/97, 8/19/99, 6/2001, 11/13/2006, 7/5/2007, 8/1/2020 and 2/14/2022)
01-00-0008
-DECLARATORY ORDER
(a) Scope-When
			 a rule, statute or order enforced by the Board of Pharmacy or its application
			 will injure or threatens to injure a person in his person, business, or
			 property, that person may file a petition for a declaratory order as to the
			 applicability of that rule, statute or order pursuant to this rule.
(b) Petition-Contents-The petition for a
			 declaratory order shall contain the following:
(1) The venue, a heading specifying the
			 subject matter and name of the petitioner and the name of the
			 pleading;
(2) The name, address,
			 and telephone number of the petitioner and whether petitioner is licensed by
			 the Board under A.C.A. §
											17-92-101
et seq
.;
(3) The
			 name, address, and telephone number of petitioner's attorney, if any;
(4) A statement of the injury to result from
			 the rule, statute or order or the application thereof to the
			 petitioner;
(5) The declaratory
			 ruling that the petitioner seeks;
(6) The rule, statute or order which is the
			 subject of the petition;
(7) The
			 facts relevant to the order which petitioner seeks; said statement of facts
			 shall be complete, specific and particularized to the issue
			 presented;
(8) Memorandum of law
			 and legal authorities in support of the order the petitioner seeks;
(9) The name, address and telephone number of
			 each person known to the petitioner who may have a specific personal interest
			 in the application of the rule, statute or order or who may be adversely
			 affected by the declaratory order sought by the petitioner;
(10) The signature of petitioner or
			 petitioner's attorney, if any; and
(11) All documents pertinent to the petition
			 shall be attached thereto.
(c) Filing of the Petition.
(1) The original and three copies of each
			 petition shall be in writing and shall be delivered in person or by mail to the
			 Executive Director of the Board during regular business hours at the Board's
			 offices. The Executive Director shall mark said petition as having been
			 received by the Board and return a file-marked copy to petitioner.
(2) In order to determine whether to issue a
			 declaratory order, the Board will consider any pertinent issues including,
			 without limitation, the following:
(A) whether
			 the petition substantially conforms to section (b) above or is not supported by
			 a memorandum of law in support of the petition;
(B) whether the petition is
			 frivolous;
(C) whether the matter
			 is within the jurisdiction of the Board;
(D) whether there is a genuine controversy of
			 material fact, the resolution of which is necessary before any declaratory
			 order may issue;
(E) whether the
			 order will terminate a controversy or remove uncertainties as to the
			 applicability to petitioner of any rule, statute or order by the
			 Board;
(F) whether the petition
			 involves any subject, question or issue which the subject of a formal or
			 informal matter or investigation currently pending before the Board, a court or
			 other agency of this state or the federal government;
(G) whether the petition seeks a ruling on a
			 moot or hypothetical question, speculative facts or will result in an advisory
			 ruling or opinion;
(H) whether the
			 issue presented is of such complexity that the Board has had insufficient
			 opportunity or resources to develop a fully matured opinion;
(I) whether a declaratory order would provide
			 a broad interpretation of a rule, statute or order applicable to an entire
			 class of persons;
(J) whether the
			 promulgation of a rule or an adjudication would be more appropriate to resolve
			 the question; and
(K) any other
			 pertinent matter.
(e) Parties
(1) Petitioner, persons identified in section
			 b (9) and the Board shall be parties to a proceeding for a declaratory
			 order.
(2) Any other person may
			 seek leave of the Board to intervene in such proceeding and leave to intervene
			 will be granted at the sole discretion of the Board.
(3) A petition to intervene shall be filed in
			 the manner as set forth the same matters as required by section b herein. Any
			 reference to "petitioner" herein also refers to any person who has been granted
			 leave to intervene, unless the context clearly indicates to the
			 contrary.
(f)
			 Disposition of Petition. The Board may:
(1)
			 Decide the issue solely upon the facts presented in the petition; in such case
			 the decision will apply only to the extent of the facts presented in the
			 petition and amended to the petition;
(2) Require that additional information be
			 submitted before the petition will be considered; in such event the additional
			 facts will be considered as an amendment to the petition;
(3) Require the petitioner to provide notice
			 of the pendency of the proceeding to persons who may be necessary parties as
			 well as other persons;
(4) Schedule
			 a time, date and place at which the Board will conduct a hearing on the
			 petition for the purpose of obtaining additional facts or inquiring into any
			 facts set forth in the petition; notice of the hearing and purpose therefore
			 shall be provided to the petitioner.
(5) Schedule a date, time and place at which
			 the petitioner and other persons may make an oral presentation on the
			 petition;
(6) Consider the petition
			 and any attachments without oral presentation; and/or
(g) Order
(1) The Board shall state its decision in
			 writing signed by the President or other person designated by the
			 Board.
(2) The Board's decision
			 deciding the issue presented by the petition shall include findings of fact and
			 conclusions of law supporting the declaratory order; the decision may be in the
			 form of a letter or pleading.
(3)
			 The Board's decision shall be rendered and entered as promptly as reasonably
			 practicable considering the facts, circumstances, complexity and other factors
			 pertinent to the proceeding.
(4)
			 The order shall be served upon the petitioner and any other parties to the
			 proceeding by certified mail, return receipt requested. (Adopted 8/19/99
			 amended 8/1/2020)
01-00-0009
-INSPECTOR'S WARNING
			 NOTICE
(a) Purpose. An inspector's
			 warning notice protects public health by allowing registrants to expeditiously
			 correct violations of laws and rules, and report these corrections to the Board
			 in writing.
(b) Recipient. A
			 warning notice may be issued to any person or facility holding a permit,
			 license, registration, certificate, or credential issued by the Arkansas State
			 Board of Pharmacy that is found to be violating any Arkansas Code pertaining to
			 the practice of pharmacy or any rule of the Arkansas State Board of Pharmacy as
			 well as any other applicable state or federal law, rule, or
			 regulation.
(c) Issuance. An
			 inspector may issue a warning notice at the time a violation is
			 found.
(d) Filing. The warning
			 notice shall become an integral part of a file.
(e) Failure to respond. A recipient's failure
			 to satisfactorily respond to a warning notice may be referred by the Executive
			 Director of the Board for review and hearing.
(f) Board review of two warning notices. Any
			 registrant receiving two or more warning notices within a twelve-month period
			 may be referred to the Board for review and hearing. (Adopted 2/2001, amended
			 8/1/2020)
01-01-0010
-LICENSURE FOR UNIFORMED SERVICE MEMBERS, RETURNING MILITARY VETERANS,
			 AND SPOUSES
(a) The Arkansas State
			 Board of Pharmacy shall allow the following individuals to secure employment
			 with a temporary license, certificate, or permit while completing the
			 application process for full licensure or registration if the individual is the
			 holder in good standing of a license, certificate, or registration with a
			 similar scope of practice issued by another state, territory, or district of
			 the United States:
(1) A uniformed service
			 member stationed in the State of Arkansas;
(2) A uniformed service veteran who resides
			 in or establishes residency in the State of Arkansas; or
(3) The spouse of :
(A) a person under subdivisions (a)(1) and
			 (a)(2) of this section:
(B) A
			 uniformed service member who is assigned a tour of duty that excludes the
			 uniformed service member's spouse from accompanying the uniformed service
			 member and the spouse relocates to this state; and
(C) A uniformed service member who is killed
			 or succumbs to his or her injuries or illness in the line of duty if the spouse
			 establishes residency in the state.
(b) The Arkansas State Board of Pharmacy
			 shall expedite the process and procedures for full licensure or registration
			 for the individuals under subdivisions (a)(1), (a)(2) and (a)3 of this
			 section.
(c) Extension of license
			 expiration and continuing education requirements.
(1) The Arkansas State Board of Pharmacy
			 shall extend the expiration date of any individual license or registration for
			 a deployed uniformed service member or his or her spouse for one hundred eighty
			 (180) days following the date of the uniformed service member's return from
			 deployment.
(2) The Arkansas State
			 Board of Pharmacy shall allow a full or partial exemption from a continuing
			 education requirement that is required as a component of occupational licensure
			 for an individual who is listed in subsection (1) of this section until one
			 hundred eighty (180) days following the date of the uniformed service member's
			 return from deployment.
(3) Any
			 uniformed service member or spouse exercising the exemption shall provide
			 evidence of completion of continuing education evidence of before renewal or
			 granting of a subsequent license.
(Adopted 8/1/2020, Amended 2/14/2022)