reglab/statecodes huggingface dataset:
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.07-012 - Regulation 07 - Drug Products / Prescriptions

Current through Register Vol. 49, No. 6, June, 2024
REGULATION 7
- DRUG
		  PRODUCTS/PRESCRIPTIONS
07-00
: GENERAL REGULATIONS REGARDING
		  DRUGS/PRESCRIPTIONS
07-00-0001
-Facsimile (Fax)
		  Prescription Drug Order
A prescription drug order which is transmitted by an electronic
			 device which sends an exact copy image to the receiver (pharmacy) over
			 telephone lines.
(a) Faxing Schedule
		  II prescriptions
(1) Faxing a Schedule II
		  prescription for a home infusion, or intravenous pain therapy patient or both -
		  a prescription, written for a Schedule II narcotic substance to be compounded
		  for direct administration to a home infusion patient by parenteral,
		  intravenous, intramuscular, subcutaneous or intraspinal infusion, may be
		  transmitted directly from the prescribing practitioner, by the practitioner or
		  the practitioner's agent, to the pharmacy by facsimile. The facsimile serves as
		  the original written prescription. This exception does not apply to oral dose
		  medications. (Also see Regulation # 07-04-0001 )
(2) Faxing a Schedule II prescription for a
		  long-term-care patient - a prescription written for a Schedule II substance,
		  for a resident of a long-term-care facility may be transmitted directly from
		  the prescribing individual practitioner, or the practitioner's agent, to the
		  provider pharmacy by facsimile. The facsimile serves as the original written
		  prescription. (See also regulation 07-04-0001 )
(3) A prescription written for a Schedule II
		  substance, for a home hospice patient may be transmitted by the practitioner or
		  the practitioner's agent to the dispensing pharmacy by facsimile. It must be
		  noted on the prescription that this is a hospice patient. The facsimile serves
		  as the original written prescription, (see regulation 07-04-0001 )
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.08-001 - Regulation 04 - Pharmacy

Current through Register Vol. 49, No. 6, June, 2024
REGULATION
		  4
-PHARMACY
04-00
: GENERAL REGULATIONS REGARDING PHARMACIES
04-00-0001
-EQUIPMENT
		  SPECIFICATIONS
Prescription equipment appropriate for the pharmacy's specific
			 scope of practice shall be maintained by the pharmacy and may include but is
			 not limited to:
(a) Graduates capable
		  of measuring from 0.1ml to at least 120ml
(b) Mortars and pestles--at least one
		  (porcelain or glass)
(c) Hot and
		  cold running water in the prescription department
(d) Spatulas
(e) Ointment slab or ointment
		  papers
(f) Exempt narcotic record
		  book
(g) Class III balance and
		  weights or comparable electronic scale
(h) Equipment for labeling
(i) Refrigeration for the proper storage of
		  biologicals and other medications. Medications shall be stored in a separate
		  compartment or area from food.
Each pharmacy shall maintain a pharmacy library:
(1) available for use by the pharmacist and
		  the patient, including either current drug information manuals, or computers
		  capable of printing current drug information for the pharmacist and patient
		  drug information and monographs for patients.
(2) other pharmacy reference books and
		  periodicals necessary for effective pharmacy practice.
EXCEPTIONS: Pharmacies meeting the requirements of regulation
			 04-02-0100 or regulation 07-02-0001 shall be exempt from requirements of this
			 regulation when not applicable. (10/09/80, Revised 6/25/83, 4/07/89, 6/07/90,
			 8/20/97, 11/1/2007 and 11/6/2008)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.09-001 - Regulation 02 - Pharmacists

Current through Register Vol. 49, No. 6, June, 2024
REGULATION
		  2
-PHARMACISTS
02-00:
GENERAL REQUIREMENTS FOR
		  PHARMACISTS
02-00-0001
CHANGES IN
		  EMPLOYMENT
Whenever any licensed pharmacist shall change his place of
			 employment for any reason, it shall be the duty of the former and current
			 employer and said licensed pharmacist to notify the Arkansas State Board of
			 Pharmacy in writing of such change within five days after such change of
			 employment. Notification must be made by letter, fax or email and must contain
			 the new place of employment of the licensed pharmacist and his license number.
			 (10/9/80, amended 10/14/81, and 11/13/2006).
02-00-0002
-REPLACEMENT OF PHARMACIST'S
		  CERTIFICATE
Any licensed pharmacist whose certificate has been lost or
			 destroyed may procure a duplicate from the Arkansas State Board of Pharmacy by
			 filing an affidavit that said certificate has been lost or destroyed and by
			 paying a fee as defined in regulation 01-00-0007. (10/9/80 amended
			 8/23/96).
02-00-0003
-PRACTICE AFTER INACTIVITY WHEN RECIPROCATING OR REINSTATING A
		  LICENSE
(a) To be reinstated and
		  immediately practice without supervision, the pharmacist's license shall not
		  have lapsed more than two calendar years.
(b) To be reciprocated and immediately
		  practice without supervision, the pharmacist shall have practiced the
		  profession of pharmacy, as defined by law, in a licensed facility at least
		  forty (40) hours per year in the previous two calendar years.
(c) If these criteria are not met, the
		  pharmacist must:
(1) Prior to resuming the
		  unsupervised practice of pharmacy, practice 40 hours under direct pharmacist
		  supervision of an Arkansas licensed pharmacist for each year or part of year
		  out of practice. This time under supervision shall not exceed 240
		  hours.
(2) Cause the supervising
		  pharmacist to document in writing to the Board, that the pharmacist has
		  completed the designated number of hours of supervised practice.
(3) Meet with a Board representative in a
		  practice situation so that the Board representative can, by observation,
		  questioning, and other methods, ensure that the pharmacist is able to
		  competently practice pharmacy. (10/12/93)
02-00-0004
-ARMED FORCES
		  CERTIFICATES
Any person serving in the armed forces within the State of
			 Arkansas, who is a licensed pharmacist in another state, may obtain a temporary
			 permit to practice pharmacy in the State of Arkansas by furnishing certified
			 proof of his registration from the Board of Pharmacy in his state of original
			 registration, and the payment of a fee as defined in Regulation 01-00-0007.
			 This permit shall entitle the holder thereof to practice in any store where an
			 Arkansas licensed pharmacist is on duty a minimum of forty (40) hours per week.
			 The permit must be renewed at each succeeding meeting of the Board. (10/09/80
			 amended 8/23/96).
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.09-002 - Regulation 05 - Long Term Care Facilities

Current through Register Vol. 49, No. 6, June, 2024
REGULATION 5
- LONG-TERM-CARE
		  FACILITIES
05-00
-NURSING HOME
		  CONSULTANTS
05-00-0001
-DEFINITIONS
(a) Consultant
		  pharmacist in charge
A nursing home consultant pharmacist in charge, means a
			 pharmacist who assumes the ultimate responsibility to ensure adherence to all
			 laws and regulations concerning pharmacy services in a nursing home.
The consultant pharmacist in charge is required to perform a
			 majority of the consultative services provided in the nursing home and must
			 abide by, pharmacy law and regulations, and the policy and procedures of the
			 nursing home.
(b) Consultant
		  pharmacist at large
A nursing home consultant pharmacist at large is a pharmacist who
			 practices as a consultant in one or more homes to assist the consultant
			 pharmacist in charge.
(c)
		  Consultant pharmacist shall mean consultant pharmacist in charge and consultant
		  pharmacist at large collectively. (Reg. Revised 02/11/2003 and 7/10/2009)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.09-003 - Regulation 07 - Drug Products / Prescriptions

Current through Register Vol. 49, No. 6, June, 2024
REGULATION 7
- DRUG
		  PRODUCTS/PRESCRIPTIONS
07-00
: GENERAL REGULATIONS REGARDING
		  DRUGS/PRESCRIPTIONS
07-00-0001
-Facsimile (Fax)
		  Prescription Drug Order
A prescription drug order which is transmitted by an electronic
			 device which sends an exact copy image to the receiver (pharmacy) over
			 telephone lines.
(a) Faxing Schedule II
		  prescriptions
(1) Faxing a Schedule II
		  prescription for a home infusion, or intravenous pain therapy patient or both -
		  a prescription, written for a Schedule II narcotic substance to be compounded
		  for direct administration to a home infusion patient by parenteral,
		  intravenous, intramuscular, subcutaneous or intraspinal infusion, may be
		  transmitted directly from the prescribing practitioner, by the practitioner or
		  the practitioner's agent, to the pharmacy by facsimile. The facsimile serves as
		  the original written prescription. This exception does not apply to oral dose
		  medications. (Also see Regulation # 07-04-0001 )
(2) Faxing a Schedule II prescription for a
		  long-term-care patient - a prescription written for a Schedule II substance,
		  for a resident of a long-term-care facility may be transmitted directly from
		  the prescribing individual practitioner, or the practitioner's agent, to the
		  provider pharmacy by facsimile. The facsimile serves as the original written
		  prescription. (See also regulation 07-04-0001 )
(3) A prescription written for a Schedule II
		  substance, for a home hospice patient may be transmitted by the practitioner or
		  the practitioner's agent to the dispensing pharmacy by facsimile. It must be
		  noted on the prescription that this is a hospice patient. The facsimile serves
		  as the original written prescription, (see regulation 07-04-0001 )
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.09-004 - Regulation 10 - Arkansas Pharmacy Support Group

Current through Register Vol. 49, No. 6, June, 2024
REGULATION 10
-ARKANSAS PHARMACY
		  SUPPORT GROUP
10-00-0001
-SUPPORT GROUP
(a) Definitions.
		  As used in this regulation:
(1) "Board" means
		  the Arkansas State Board of Pharmacy;
(2) "Board-approved interveners" means
		  persons trained in intervention and designated by the Board to implement the
		  intervention process when necessary;
(3) "Committee" means a committee appointed
		  by the Board to formulate and administer the impaired pharmacists program, to
		  be known as the Arkansas Pharmacy Support Group ("ARPSG");
(4) "Impaired pharmacist" or "impaired
		  pharmacy technician" means a pharmacist or pharmacy technician who is unable to
		  practice pharmacy with reasonable skill, competency, or safety to the public
		  because of substance abuse;
(5)
		  "Impaired pharmacist program" means a plan approved by the Board for
		  intervention, treatment, and rehabilitation of an impaired pharmacist or
		  pharmacy technician. The program for each impaired pharmacist/pharmacy
		  technician will be embodied by a contract with the ARPSG and the impaired
		  pharmacist/ pharmacy technician will be required to comply with the contractual
		  terms;
(6) "Intervention" means a
		  process whereby an alleged impaired pharmacist/pharmacy technician is
		  confronted by the Board or Board-approved interveners who provide documentation
		  that a problem exists and attempt to convince the pharmacist to seek evaluation
		  and treatment;
(7) "Rehabilitation"
		  means the process whereby an impaired pharmacist/pharmacy technician advances
		  in an impaired pharmacist program with progressive advocacy from the ARPSG to
		  an optimal level of competence to practice pharmacy without endangering the
		  public; and
(8) "Verification"
		  means a process whereby alleged professional impairment is identified or
		  established.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.09-005 - Regulation 11 - Criminal Background Checks

Current through Register Vol. 49, No. 6, June, 2024
REGULATION 11
- CRIMINAL BACKGROUND
		  CHECKS
11-00-0001
-
		  DEFINITIONS
(a) "Board" means the
		  Arkansas State Board of Pharmacy;
(b) "Criminal background check" means both a
		  state criminal records check conducted by the Arkansas State Police ("state
		  background check") and a nationwide criminal records check conducted by the
		  Federal Bureau of Investigation ("federal background check"), including the
		  taking of fingerprints;
(c)
		  "Provisional license or registration" means a non-renewable, provisional
		  license or registration that shall expire when the results of the nationwide
		  criminal background check are received by the Board or 180 days after issue,
		  whichever comes first.
(11/15/2003, Revised 7/10/2009)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.11-002 - Regulation 02 - Pharmacists

Current through Register Vol. 49, No. 6, June, 2024
REGULATION
		  2
-PHARMACISTS
02-00:
GENERAL REQUIREMENTS FOR
		  PHARMACISTS
02-00-0001
CHANGES
		  IN EMPLOYMENT
Whenever any licensed pharmacist shall change his place of
			 employment for any reason, it shall be the duty of the former and current
			 employer and said licensed pharmacist to notify the Arkansas State Board of
			 Pharmacy in writing of such change within five days after such change of
			 employment. Notification must be made by letter, fax, email or through the
			 Board website and must contain the new place of employment of the licensed
			 pharmacist and their license number.
(10/9/80, amended 10/14/81, 11/13/2006, and 8/31/2011).
02-00-0002
-REPLACEMENT OF
		  PHARMACIST'S CERTIFICATE
Any licensed pharmacist whose certificate has been lost or
			 destroyed may procure a duplicate from the Arkansas State Board of Pharmacy by
			 filing an affidavit that said certificate has been lost or destroyed and by
			 paying a fee as defined in regulation 01-00-0007. (10/9/80 amended
			 8/23/96).
02-00-0003
-PRACTICE AFTER INACTIVITY WHEN RECIPROCATING OR REINSTATING A
		  LICENSE
(a) To be reinstated and
		  immediately practice without supervision, the pharmacist's license shall not
		  have lapsed more than two calendar years.
(b) To be reciprocated and immediately
		  practice without supervision, the pharmacist shall have practiced the
		  profession of pharmacy, as defined by law, in a licensed facility at least
		  forty (40) hours per year in the previous two calendar years.
(c) If these criteria are not met, the
		  pharmacist must:
(1) Prior to resuming the
		  unsupervised practice of pharmacy, practice 40 hours under direct pharmacist
		  supervision of an Arkansas licensed pharmacist for each year or part of year
		  out of practice. This time under supervision shall not exceed 240
		  hours.
(2) Cause the supervising
		  pharmacist to document in writing to the Board, that the pharmacist has
		  completed the designated number of hours of supervised practice.
(3) Meet with a Board representative in a
		  practice situation so that the Board representative can, by observation,
		  questioning, and other methods, ensure that the pharmacist is able to
		  competently practice pharmacy. (10/12/93)
02-00-0004
-ARMED FORCES
		  CERTIFICATES
Any person serving in the armed forces within the State of
			 Arkansas, who is a licensed pharmacist in another state, may obtain a temporary
			 permit to practice pharmacy in the State of Arkansas by furnishing certified
			 proof of his registration from the Board of Pharmacy in his state of original
			 registration, and the payment of a fee as defined in Regulation 01-00-0007.
			 This permit shall entitle the holder thereof to practice in any store where an
			 Arkansas licensed pharmacist is on duty a minimum of forty (40) hours per week.
			 The permit must be renewed at each succeeding meeting of the Board. (10/09/80
			 amended 8/23/96).
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.14-002 - Regulation 2: Pharmacists

Current through Register Vol. 49, No. 6, June, 2024
02-00:
GENERAL REQUIREMENTS FOR PHARMACISTS
02-00-0001
CHANGES IN EMPLOYMENT
Whenever any licensed pharmacist shall change his place of
			 employment for any reason, it shall be the duty of the former and current
			 employer and said licensed pharmacist to notify the Arkansas State Board of
			 Pharmacy in writing of such change within five days after such change of
			 employment. Notification must be made by letter, fax, email or through the
			 Board website and must contain the new place of employment of the licensed
			 pharmacist and their license number. (10/9/80, amended 10/14/81, 11/13/2006,
			 and 8/31/2011).
02-00-0002
- REPLACEMENT OF PHARMACIST'S CERTIFICATE
Any licensed pharmacist whose certificate has been lost or
			 destroyed may procure a duplicate from the Arkansas State Board of Pharmacy by
			 filing an affidavit that said certificate has been lost or destroyed and by
			 paying a fee as defined in regulation 01-00-0007. (10/9/80 amended
			 8/23/96).
02-00-0003
-
		  PRACTICE AFTER INACTIVITY WHEN RECIPROCATING OR REINSTATING A LICENSE
(a) To be reinstated and immediately practice
		  without supervision, the pharmacist's license shall not have lapsed more than
		  two calendar years.
(b) To be
		  reciprocated and immediately practice without supervision, the pharmacist shall
		  have practiced the profession of pharmacy, as defined by law, at least forty
		  (40) hours per year in the previous two calendar years or be granted a waiver
		  by the Board.
(c) If the pharmacist
		  must practice under supervision, the pharmacist must:
(1) Prior to resuming the unsupervised
		  practice of pharmacy, practice 40 hours under direct pharmacist supervision of
		  an Arkansas licensed pharmacist for each year or part of year out of practice.
		  This time under supervision shall not exceed 240 hours.
(2) Cause the supervising pharmacist to
		  document in writing to the Board, that the pharmacist has completed the
		  designated number of hours of supervised practice.
(3) Meet with a Board representative in a
		  practice situation so that the Board representative can, by observation,
		  questioning, and other methods, ensure that the pharmacist is able to
		  competently practice pharmacy. (10/12/93, Revised 11/30/2010)
02-00-0004
- ARMED
		  FORCES CERTIFICATES
Any person serving in the armed forces within the State of
			 Arkansas, who is a licensed pharmacist in another state, may obtain a temporary
			 permit to practice pharmacy in the State of Arkansas by furnishing certified
			 proof of his registration from the Board of Pharmacy in his state of original
			 registration, and the payment of a fee as defined in Regulation 01-00-0007.
			 This permit shall entitle the holder thereof to practice in any store where an
			 Arkansas licensed pharmacist is on duty a minimum of forty (40) hours per week.
			 The permit must be renewed at each succeeding meeting of the Board. (10/09/80
			 amended 8/23/96).
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.14-003 - Regulation 4: Pharmacy

Current through Register Vol. 49, No. 6, June, 2024
04-00:
GENERAL REGULATIONS REGARDING PHARMACIES
04-00-0001
- EQUIPMENT
		  SPECIFICATIONS
Prescription equipment appropriate for the pharmacy's specific
			 scope of practice shall be maintained by the pharmacy and may include but is
			 not limited to:
(a) Graduates capable
		  of measuring from 0.1ml to at least 120ml
(b) Mortars and pestles--at least one
		  (porcelain or glass)
(c) Hot and
		  cold running water in the prescription department
(d) Spatulas
(e) Ointment slab or ointment
		  papers
(f) Exempt narcotic record
		  book
(g) Class III balance and
		  weights or comparable electronic scale
(h) Equipment for labeling
(i) Refrigeration for the proper storage of
		  biologicals and other medications. Medications shall be stored in a separate
		  compartment or area from food.
Each pharmacy shall maintain a pharmacy library:
(1) available for use by the pharmacist and
		  the patient, including either current drug information manuals, or computers
		  capable of printing current drug information for the pharmacist and patient
		  drug information and monographs for patients.
(2) other pharmacy reference books and
		  periodicals necessary for effective pharmacy practice.
EXCEPTIONS: Pharmacies meeting the requirements of regulation
			 04-02-0100 or regulation 07-02-0001 shall be exempt from requirements of this
			 regulation when not applicable. (10/09/80, Revised 6/25/83, 4/07/89, 6/07/90,
			 8/20/97, 11/1/2007 and 11/6/2008)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.14-004 - Regulation 5: Long Term Care Facilities

Current through Register Vol. 49, No. 6, June, 2024
05-00
- NURSING HOME CONSULTANTS
05-00-0001
- DEFINITIONS
(a) Consultant pharmacist in charge
A nursing home consultant pharmacist in charge, means a
			 pharmacist who assumes the ultimate responsibility to ensure adherence to all
			 laws and regulations concerning pharmacy services in a nursing home.
The consultant pharmacist in charge is required to perform a
			 majority of the consultative services provided in the nursing home and must
			 abide by, pharmacy law and regulations, and the policy and procedures of the
			 nursing home.
(b)
		  Consultant pharmacist at large
A nursing home consultant pharmacist at large is a pharmacist who
			 practices as a consultant in one or more homes to assist the consultant
			 pharmacist in charge.
(c)
		  Consultant pharmacist shall mean consultant pharmacist in charge and consultant
		  pharmacist at large collectively. (Reg. Revised 02/11/2003 and
		  7/10/2009)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.14-005 - Regulation 7: Drug Products/Prescriptions

Current through Register Vol. 49, No. 6, June, 2024
07-00
: GENERAL REGULATIONS
		  REGARDING DRUGS/PRESCRIPTIONS
Definitions:
"Prescription" means an order for medicine or medicines usually
			 written as a formula by a physician, optometrist, dentist, veterinarian, or
			 other licensed medicinal practitioner. It contains the names and quantities of
			 the desired substance, with instructions to the pharmacist for its preparation
			 and to the patient for the use of the medicine at a particular time.
"Prescription drug order" means a lawful order of a practitioner
			 for a drug or device for a specific patient that is communicated to a
			 pharmacist.
"Written prescription" means a prescription that is presented to
			 an apothecary, pharmacy or pharmacist in compliance with federal law and
			 regulations, including a written, oral, faxed, or electronic prescription.
			 (5/31/2014)
07-00-0001
-
		  Facsimile (Fax) Prescription Drug Order
A prescription drug order which is transmitted by an electronic
			 device which sends an exact copy image to the receiver (pharmacy) over
			 telephone lines.
(a) Faxing Schedule II
		  prescriptions
(1) Faxing a Schedule II
		  prescription for a home infusion, or intravenous pain therapy patient or both -
		  a prescription, written for a Schedule II narcotic substance to be compounded
		  for direct administration to a home infusion patient by parenteral,
		  intravenous, intramuscular, subcutaneous or intraspinal infusion, may be
		  transmitted directly from the prescribing practitioner, by the practitioner or
		  the practitioner's agent, to the pharmacy by facsimile. The facsimile serves as
		  the original written prescription. This exception does not apply to oral dose
		  medications. (Also see Regulation # 07-04-0001 )
(2) Faxing a Schedule II prescription for a
		  long-term-care patient - a prescription written for a Schedule II substance,
		  for a resident of a long-term-care facility may be transmitted directly from
		  the prescribing individual practitioner, or the practitioner's agent, to the
		  provider pharmacy by facsimile. The facsimile serves as the original written
		  prescription. (See also regulation 07-04-0001 )
(3) A prescription written for a Schedule II
		  substance, for a home hospice patient may be transmitted by the practitioner or
		  the practitioner's agent to the dispensing pharmacy by facsimile. It must be
		  noted on the prescription that this is a hospice patient. The facsimile serves
		  as the original written prescription, (see regulation 07-04-0001 )
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.15-001 - Regulation 3 - Pharmacy Technicians

Current through Register Vol. 49, No. 6, June, 2024
03-00
- PHARMACY
		  TECHNICIANS-REGISTRATION/PERMIT REQUIRED
03-00-0001
- DEFINITIONS
(a) "Pharmacy technician" means those
		  individuals, exclusive of pharmacy interns, who assist the pharmacist in
		  pharmaceutical services.
(b)
		  "Supervision" means that the responsible pharmacist must be physically present
		  to observe, direct, and supervise the pharmacy technician at all times when the
		  pharmacy technician performs acts specified in this regulation. The supervising
		  pharmacist is totally and absolutely responsible for the actions of the
		  pharmacy technician. (Revised 11/15/2003)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.15-002 - Regulation 5 - Long Term Care Facilities

Current through Register Vol. 49, No. 6, June, 2024
05-00
- NURSING HOME CONSULTANTS
05-00-0001
- DEFINITIONS
(a) Consultant pharmacist in charge
A nursing home consultant pharmacist in charge, means a
			 pharmacist who assumes the ultimate responsibility to ensure adherence to all
			 laws and regulations concerning pharmacy services in a nursing home.
The consultant pharmacist in charge is required to perform a
			 majority of the consultative services provided in the nursing home and must
			 abide by, pharmacy law and regulations, and the policy and procedures of the
			 nursing home.
(b)
		  Consultant pharmacist at large
A nursing home consultant pharmacist at large is a pharmacist who
			 practices as a consultant in one or more homes to assist the consultant
			 pharmacist in charge.
(c)
		  Consultant pharmacist shall mean consultant pharmacist in charge and consultant
		  pharmacist at large collectively. (Reg. Revised 02/11/2003 and
		  7/10/2009)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.15-004 - Regulation 11 - Criminal Background Checks

Current through Register Vol. 49, No. 6, June, 2024
11-00-0001
- DEFINITIONS
(a) "Board" means the Arkansas State Board of
		  Pharmacy;
(b) "Criminal background
		  check" means both a state criminal records check conducted by the Arkansas
		  State Police ("state background check") and a nationwide criminal records check
		  conducted by the Federal Bureau of Investigation ("federal background check"),
		  including the taking of fingerprints;
(c) "Provisional license or registration"
		  means a non-renewable, provisional license or registration that shall expire
		  when the results of the nationwide criminal background check are received by
		  the Board or 180 days after issue, whichever comes first. (11/15/2003, Revised
		  7/10/2009)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.18-001 - Reg. 5-Long Term Care Facilities

Current through Register Vol. 49, No. 6, June, 2024
05-00
- NURSING HOME CONSULTANTS
05-00-0001
- DEFINITIONS
(a) Consultant pharmacist in charge
A nursing home consultant pharmacist in charge, means a
			 pharmacist who assumes the ultimate responsibility to ensure adherence to all
			 laws and regulations concerning pharmacy services in a nursing home.
The consultant pharmacist in charge is required to perform a
			 majority of the consultative services provided in the nursing home and must
			 abide by, pharmacy law and regulations, and the policy and procedures of the
			 nursing home.
(b)
		  Consultant pharmacist at large
A nursing home consultant pharmacist at large is a pharmacist who
			 practices as a consultant in one or more homes to assist the consultant
			 pharmacist in charge.
(c)
		  Consultant pharmacist shall mean consultant pharmacist in charge and consultant
		  pharmacist at large collectively. (Reg. Revised 02/11/2003 and
		  7/10/2009)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.90-002 - Regulation 41 (amended)

Current through Register Vol. 49, No. 6, June, 2024
Amendment to Regulation 41
41. out of state pharmacies shall comply with
		  the following qualifications to be and remain licensed in Arkansas by the
		  Board:
1-2. * * *
3. The out-of-state pharmacy shall apply for
		  licensure and renewal on forms approved by the Board. The Board may require
		  such information as reasonably necessary to carry out the provisions of A. C.
A.
									§ 17-91-401, including, without
		  limitation, the name , address and position of each officer and director of a
		  corporation or of the owners if the pharmacy is not a corporation.
Provided, however, the Board may grant an exemption from
			 licensing under A.C.A. § 17-91-401 upon application by any non-resident
			 pharmacy which confines its dispensing activity to isolated transactions. In
			 determining whether to grant an exemption, the Board shall consider:
(a) The number of prescriptions dispensed or
		  reasonably expected to be dispensed into Arkansas.
(b) The number of patients served or
		  reasonably expected to be served in Arkansas.
(c) Whether the pharmacy has promoted its
		  services in Arkansas.
(d) Whether
		  the pharmacy has a contract(s) with any employer (s) or organization(s) to
		  provide pharmacy services to employees or other beneficiaries in
		  Arkansas.
(e) Medical
		  necessity.
(f) The effect on the
		  health and welfare of persons in Arkansas.
(g) Any other relevant matters.
4-7. * * *
8. Generic drugs shall be dispensed into
		  Arkansas pursuant to the Arkansas Generic Substitution Act; provided, however,
		  nothing herein shall be construed to mandate that an out-of-state pharmacy
		  comply with the Arkansas Generic Substitution Act if such compliance would
		  cause the out-of-state pharmacy to violate the generic substitution act of the
		  state wherein the facility of the dispensing out-of-state pharmacy is
		  located.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.92-001 - Regulations 24, 27, 31

Current through Register Vol. 49, No. 6, June, 2024
24.
		  Hereafter, no Temporary License shall be granted a reciprocity applicant until
		  the preliminary application has been received and approved by the National
		  Association of Boards of Pharmacy and the applicant has submitted the
		  application to the Board Office, paid the reciprocity fee, supplied a copy of
		  the applicant's birth certificate, submitted proof of required continuing
		  education, and supplied a current photograph of the applicant.
Before issuing a Temporary Registration, the Board Member must
			 personally talk to the applicant and ascertain that he/she has passed the
			 Arkansas Jurisprudence exam.
One is not eligible for an Arkansas license by reciprocity until
			 he/she has been licensed six months in his/her state of original licensure by
			 examination. Any practice in Arkansas, within this six-month period, must be as
			 an intern and under the requirements set out in these criteria (unless
			 consideration is made by the Board of Pharmacy and an exception is approved.)
			 (10/9/80 revised 4/7/89, 4/10/92)
27. (Introductory Paragraph)
The Board of Pharmacy is charged with regulating the internship
			 program made reference to in the Arkansas Code 17-91-30. The Arkansas State
			 Board of Pharmacy recognizes that in order to properly fulfill its obligation
			 to the profession of pharmacy and general welfare and protection of the public
			 health that it must implement and supervise an internship program in the State
			 of Arkansas.
From time to time, as is required to establish a viable
			 internship program, the Board will establish, publish, and disseminate criteria
			 establishing requirements and standards necessary for qualifications for
			 licensure under Arkansas Code 17-91-301, 17-91-307, and Regulation 27.
Hereafter, every applicant for licensure by examination in
			 Arkansas must have 2,000 hours of acceptable internship training obtained after
			 beginning the professional college curriculum. Up to 1,500 hours of the
			 required 2,000 may be obtained in a training program as part of the school
			 curriculum.
E.
8. After presenting proof of 2,000 hours of
		  practical experience or training under Arkansas Board of Pharmacy approved
		  conditions, the intern may be designated as a candidate suitable for full
		  licensure if other conditions have been met.
Affidavits of one-year training must be submitted to the Board of
			 Pharmacy for full licensure, and can be obtained from the Board of Pharmacy
			 office.
Before permitting a student to participate in any way in the
			 practice of Pharmacy, the Preceptor must assure:
a. The Preceptor is licensed.
b. The Intern is currently
		  licensed.
c. The Intern has filed a
		  current Training Plan.
(Revised 6/22/84, 4/7/89, 4/10/92)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.92-002 - Regulation 41 (amended)

Current through Register Vol. 49, No. 6, June, 2024
41.11. Each
		  out of state pharmacy doing business in Arkansas shall comply with Board of
		  Pharmacy Regulation #48 (Patient Information, Drug Use Evaluation, and Patient
		  Counseling).
Nothing herein shall be construed to mandate that an out of state
			 pharmacy comply with Board Regulation #48 if such compliance would cause the
			 out of state pharmacy to violate law or regulations of the state wherein the
			 facility of the dispensing out of state pharmacy is located.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.92-004 - Regulations 28 & 41

Current through Register Vol. 49, No. 6, June, 2024
AMEND REGULATION 41 TO ADD # 12
41.12. Applications for pharmacy permits
		  other than annual renewal of existing permits, will be considered by the Board
		  the second Tuesday of February, the second Tuesday of June and the second
		  Tuesday of October of each year, and applications to be considered must be
		  received in the Board of Pharmacy at least 14 days prior to the next scheduled
		  meeting. A representative of ownership shall appear before the Board when the
		  permit application is heard.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.93-001 - Amendment 9 - Section D, Charitable Clinic Permit; Reg. 32; 36 Non-Equivalent Drug Product List; Reg. 48; 54. Pharmacists Assistants

Current through Register Vol. 49, No. 6, June, 2024
AMENDMENT
9.
Section D.
Charitable Clinic Permit
By specific Board of Pharmacy action, the Board may authorize
			 charitable clinic permit pharmacies to dispense certain prescription "legend"
			 drugs.
These drugs are limited to birth control medications, drugs to
			 treat tuberculosis, and Metronidazole, Doxycycline Erythromycin to be used only
			 in the sexually transmitted disease treatment program.
Packaged and labeled prescription drugs shall be initialed by the
			 pharmacist to assure accuracy and appropriateness. A licensed nurse may issue
			 these pre-dispensed prescription drugs, by placing the patients name, date of
			 issue and prescription number on the label at the time of issue to patients on
			 order of the physician. The prescription number as placed on the label of the
			 dispensed prescription drug is to be placed with the physician's order in the
			 patients medical record. The pharmacist shall monitor patients medical records
			 to assure that medication profiles and prescription orders are maintained and
			 utilized.
Since the pharmacist is not present when the patient receives the
			 medication, the pharmacists shall develop protocol to assure that the patient
			 is monitored and counseled by the physician or nurse consistent with the
			 requirements of Board of Pharmacy Regulation #48.
AMENDMENT
Regulation
		  32
8. Pharmacists who wish to
		  retain their license but do not want-to yearly meet continuing education
		  requirements may go on inactive pharmacist status for an indefinite period. To
		  reestablish active status and return to practice, this pharmacst must acquire
		  half of the continuing education missed up to 60 hours.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.95-001 - Amended Reg. 52 - Faxing Prescriptions

Current through Register Vol. 49, No. 6, June, 2024
AMEND REGULATION #52 (FAXING PRESCRIPTIONS)
52. Facsimile (Fax) Prescription Drug Order -
		  A prescription drug order which is" transmitted by an electronic device which
		  sends an exact copy image to the receiver (pharmacy) over telephone lines.
I. Faxing Schedule II Prescriptions
(A)
Faxing A Schedule II For A
		  Home Infusion and/or I.V. Pain Therapy Patient
.
A prescription, written for a Schedule II narcotic substance to
			 be compounded for the direct administration to a home infusion patient by
			 parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion,
			 may be transmitted directly from the prescribing practitioner, by the
			 practitioner or the practitioner's agent, to the pharmacy by facsimile. The
			 facsimile serves as the original written prescription.
This exception
			 does not apply to oral dose medications.
(Also see Regulation
			 #56)
(B)
Faxing
		  A Schedule II For A Long Term Care Patient
.
A prescription written for a Schedule II substance, for a
			 resident of a long-term care facility, may be transmitted directly from the
			 prescribing individual practitioner, by the practitioner or the practitioner's
			 agent, to the provider pharmacy by facsimile. The facsimile serves as the
			 original written prescription. (See also Regulation #56)
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.95-002 - Reg. 56 Schedule II Prescription Drugs

Current through Register Vol. 49, No. 6, June, 2024
NEW REGULATION #56
SCHEDULE II PRESCRIPTION DRUGS
I.
Emergency
		  Prescriptions
In the case of an emergency situation, as defined by this
			 regulation, a pharmacist may dispense a controlled substance listed in Schedule
			 II upon receiving oral authorization of a prescribing individual practitioner -
			 provided that the quantity prescribed and dispensed is limited to the amount
			 adequate to treat the patient during the emergency period (never more than 72
			 hours). Dispensing, beyond the emergency period, must be pursuant to a written
			 prescription signed by the prescribing individual practitioner. For the
			 purposes of authorizing an oral prescription for a controlled substance listed
			 in Schedule II of the Arkansas Controlled Substance List, the term
"emergency situation"
means those situations in which
the
			 prescribing practitioner determines that:
(A) Immediate administration of the
		  controlled substance is necessary for proper treatment of the intended ultimate
		  user;
(B) No appropriate
		  alternative treatment is available (which includes the administration of a drug
		  which is not a Schedule H), and
(C)
		  It is not reasonably possible for the prescribing practitioner to provide a
		  written prescription to be presented to the pharmacist dispensing the drug
		  prior to the dispensing.
The prescription shall be immediately reduced to writing by the
			 pharmacist. Within 72 hours after authorizing an emergency oral prescription,
			 the prescribing practitioner shall cause a written prescription for the
			 emergency quantity prescribed to be delivered to the dispensing pharmacist.
			 Upon receipt, the dispensing pharmacist shall attach this prescription to the
			 oral emergency prescription which had earlier been reduced to writing.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.95-005 - Reg. 51 - Qualified Pharmacy Employees (QPE)

Current through Register Vol. 49, No. 6, June, 2024
51. QUALIFIED PHARMACY EMPLOYEES (Q.P.E.)
A. Qualifications:
(1) A high school graduate or a recognized
		  graduate equivalency degree (G.E.D.).
(2) Of good moral character and temperate
		  habits
(3) If the Q.P.E. has a past
		  record of alcohol or drug addiction or past record of violation of any law
		  related to controlled substances, employment must be prior approved by the
		  Board of Pharmacy.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.95-006 - Reg. 57 - Medical Equipment, Legend Devices, and/or Medical Gas Regulation

Current through Register Vol. 49, No. 6, June, 2024
REGULATION
		  57
57. Medical Equipment, Legend
		  Devices, and/or Medical Gas Regulation
I.
		  Definitions:
(A) "Home Medical Equipment,
		  Legend Device, and Medical gas supplier" means a person, business, corporation,
		  agency, company, etc., licensed supply home medical equipment, medical gases
		  and/or legend devices to patients on an order from medical practitioners
		  licensed to order, use, or administer these products and to other persons,
		  businesses, corporations, agencies, companies, etc., licensed to supply home
		  medical equipment, medical gases, and/or legend devices.
(B) "Home Medical Equipment Services" means
		  the delivery, installation, maintenance, replacement, and/or instruction in the
		  use of medical equipment, used by a sick or disabled individual, to allow the
		  individual to be maintained in a noninstitutional environment.
(C) "Legend Device," means a device which,
		  because of any potential for harmful effect or the method of its use, is not
		  safe - except under the supervision of a practitioner. These devices, as
		  approved by F.D.A., may be labeled "Caution: Federal (USA) law restricts this
		  device to sale by or on the order of a physician."
(D)
(1)
		  "Medical Equipment" means technologically sophisticated medical devices
		  including but not limited to:
(a) Oxygen and
		  oxygen delivery systems;
(b)
		  Ventilators;
(c) Respiratory
		  disease management devices;
(d)
		  Electronic and computer driven wheelchairs and seating systems;
(e) Apnea monitors;
(f) Transcutaneous electrical nerve
		  stimulator (T.E.N.S.) units;
(g)
		  Low air loss cutaneous pressure management devices;
(h) Sequential compression devices;
(i) Neonatal home phototherapy
		  devices;
(j) Feeding pumps;
(k) Electrically-powered hospital
		  beds;
(l) Infusion pumps; and
(m) Patient Lifts.
(2) The term "medical equipment"
		  does not include:
(a) medical equipment used
		  or dispensed in the normal course of treating patients by hospitals, hospices,
		  nursing facilities, or home health agencies;
(b) medical equipment used or dispensed by
		  health care professionals, licensed in Arkansas-- provided the professional is
		  practicing within the scope of that professional's practice act;
(c) upper and lower extremity prosthetics and
		  related orthotics; or
(d) canes,
		  crutches, walkers, bathtub grab bars, standard wheelchairs, commode chairs, and
		  bath benches.
(E) "Medical Gas" means those gases and
		  liquid oxygen intended for human consumption.
(F) "Order" means an order issued by a
		  licensed medical practitioner legally authorized to order medical gases and/or
		  legend devices.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.96-001 - Reg. 58 - Electronic Prescription Processing and Patient Confidentiality

Current through Register Vol. 49, No. 6, June, 2024
58.
ELECTRONIC PRESCRIPTION PROCESSING AND PATIENT CONFIDENTIALITY
1.
DEFINITIONS:
A. "Confidential Information" means
		  information that is personally identifiable and, therefore, can be traced back
		  to the patient or prescribing practitioner that is accessed or maintained by
		  the pharmacist in the patient's records or which is communicated to the
		  patient, as part of patient counseling, which is privileged and may be released
		  only to the patient or prescriber or, as the patient or prescriber directs; to
		  those practitioners, other authorized health care professionals, and other
		  pharmacists where, in the pharmacist's professional judgement, such release is
		  necessary to protect the patient's health and well being; and to such other
		  persons or governmental agencies authorized by law to receive such confidential
		  information, regardless of whether such information is in the form of paper,
		  preserved on microfilm, or is stored on electronic media.
B. "Electronic Transmission" means
		  transmission of information in electronic form or the transmission of the exact
		  visual image of a document by way of electronic equipment.
C. "Prescription Drug Order" means a lawful
		  order of a Practitioner for a drug or device for a specific patient that is
		  communicated to a pharmacist.
Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.96-002 - Reg. 9D - Charitable Clinic Permit

Current through Register Vol. 49, No. 6, June, 2024
D.
CHARITABLE CLINIC PERMIT
1. The Arkansas State Board of Pharmacy may
		  provide for the issuance of a Charitable Clinic Pharmacy Permit to clinics and
		  facilities furnishing medical care to poor and underprivileged persons, in
		  which drugs are dispensed without charge to such persons on orders or
		  prescriptions of practitioners authorized by law to prescribe said drugs and to
		  which the requirements of a licensed pharmacist on duty for a minimum of 40
		  hours shall not apply.
2. All
		  medication for patients shall be on individual prescription basis, and the
		  pharmacist shall dispense drugs, properly labeled, and adhere to the
		  requirements for proper storage, safeguarding, preparation and record keeping
		  for prescription drugs.
3. All
		  policies and procedures related to the Charitable Clinic Permit must first be
		  approved by board staff before a permit will be issued to insure compliance
		  with all existing laws and regulations.
4. The staff of the Board of Pharmacy is
		  authorized to approve and issue Charitable Clinic Permits for :
A. Clinics of the Arkansas Department of
		  Health recognizing that medications are provided to patients in the absence of
		  a pharmacist and that the medications dispensed in these clinics are limited to
		  birth control medications, drugs to treat tuberculosis, and drugs to treat
		  sexually transmitted disease treatment program.
Packaged and labeled prescription drugs shall be initialed by the
			 pharmacist to assure accuracy and appropriateness. The prescribing practitioner
			 or a licensed nurse may issue these pre-dispensed prescription drugs, by
			 placing the patients name, date of issue and prescription number on the label
			 at the time of issue to patients on order of the prescriber. The prescription
			 number as placed on the label of the dispensed prescription drug is to be
			 placed with the prescribing practioner's order in the patients medical record.
			 The pharmacist shall monitor patients medical records to assure that medication
			 profiles and prescription orders are maintained and utilized.
Since the pharmacist is not present when the patient receives the
			 medication, the pharmacists shall develop protocol to assure that the patient
			 is monitored and counseled by the prescribing practitioner or nurse consistent
			 with the requirements of Board of Pharmacy Regulation #48.
B. Other facilities meeting the requirements
		  of this regulation - provided that, if a pharmacist is not present, there shall
		  be a limited formulary negotiated by the Executive Director and approved by the
		  Board of Pharmacy at it's next meeting. The dispensing medication distribution
		  provisions of 4-A of this regulation shall apply.
5. Other facilities meeting the requirements
		  of this regulation and where a pharmacist is present when medications are
		  provided to the patient shall not be restricted to a medication formulary.