Browse Arkansas Code titles and sections
17-90-109. Regulation of contact lenses.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-90-109. Regulation of contact lenses.
(a) No person, firm, corporation, or other legal entity located outside the State of Arkansas shall fill, ship, mail, or deliver through electronic mail, the internet, alternative channels, or other means contact lenses, vision correcting contact lenses that have been medicated with legend drugs approved by the United States Food and Drug Administration as of January 1, 2009, or prescriptions for contact lenses to a resident of Arkansas without first having:
(1) Registered and paid all applicable fees required by the State Board of Optometry;
(2) Possession of a positively verified written, signed, and unexpired contact lens prescription issued, dispensed, sold, or supplied by a licensed optometrist or ophthalmologist in compliance with the laws of the State of Arkansas and all rules promulgated by the board; and
(3) Registered to do business with the Secretary of State and designated a registered agent for service of process.
(b)(1) If a nonresident person, firm, corporation, or legal entity fails to comply with the requirements of subsection (a) of this section, service of process may be perfected in accordance with the provisions of § 17-90-106.
(2) Alternatively, the optometrist or ophthalmologist dispensing, selling, or supplying the contact lenses shall be deemed a valid agent for service of process for the nonresident person, firm, corporation, or legal entity.
(c)(1) Optometrists and ophthalmologists licensed to practice in Arkansas and a person, firm, corporation, or other legal entity outside the State of Arkansas authorized under subsection (a) of this section may sell, prescribe, or dispense vision correcting contact lenses that have been medicated with legend drugs approved by the United States Food and
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-90-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-90-109
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0b6c4b4c607a84bfc9042c75944090fded7e14e9c298feb0e8c3f40a53d5b54f
Source location: content.xml paragraph 24538
Stored source content
17-90-109. Regulation of contact lenses.
(a) No person, firm, corporation, or other legal entity located outside the State of Arkansas shall fill, ship, mail, or deliver through electronic mail, the internet, alternative channels, or other means contact lenses, vision correcting contact lenses that have been medicated with legend drugs approved by the United States Food and Drug Administration as of January 1, 2009, or prescriptions for contact lenses to a resident of Arkansas without first having:
(1) Registered and paid all applicable fees required by the State Board of Optometry;
(2) Possession of a positively verified written, signed, and unexpired contact lens prescription issued, dispensed, sold, or supplied by a licensed optometrist or ophthalmologist in compliance with the laws of the State of Arkansas and all rules promulgated by the board; and
(3) Registered to do business with the Secretary of State and designated a registered agent for service of process.
(b)(1) If a nonresident person, firm, corporation, or legal entity fails to comply with the requirements of subsection (a) of this section, service of process may be perfected in accordance with the provisions of § 17-90-106.
(2) Alternatively, the optometrist or ophthalmologist dispensing, selling, or supplying the contact lenses shall be deemed a valid agent for service of process for the nonresident person, firm, corporation, or legal entity.
(c)(1) Optometrists and ophthalmologists licensed to practice in Arkansas and a person, firm, corporation, or other legal entity outside the State of Arkansas authorized under subsection (a) of this section may sell, prescribe, or dispense vision correcting contact lenses that have been medicated with legend drugs approved by the United States Food and Drug Administration as of January 1, 2009.
(2) This subsection does not authorize any optometrist, person, firm, or other legal entity to dispense:
(A) Contact lenses medicated with drugs listed in Schedules I and II of the Uniform Controlled Substances Act, § 5-64-101 et seq.;
(B) Medicated contact lenses that are not vision correcting; or
(C) Medicated contact lenses for any purpose other than the diagnosis or treatment of diseases and conditions of the eye, lids, and adnexa.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-90-106. Service of process on nonresident practitioner.
(a)(1) The performance by a nonresident person, firm, or corporation within this state of any act prohibited or authorized by the terms of this chapter which constitutes the practice of optometry as defined by this chapter, except when done by persons, firms, or corporations having a designated agent for service of process within this state, shall be deemed equivalent to the appointment by the nonresident of the Secretary of State or his or her successor in office to be the true and lawful attorney and agent of the nonresident.
(2) All lawful process in any action or proceedings against him or her or against any person, firm, or corporation growing out of any action done within this state which may be authorized or prohibited under this chapter may be served upon him or her.
(3) The performance of the act shall be an agreement by the person, firm, or corporation that any such process against the person, firm, or corporation which is so served shall be of the same legal force and validity as if served on the person, firm, or corporation personally.
(b)(1) Service of process shall be made by serving a copy of the process on the Secretary of State, and the service shall be sufficiently served upon the nonresident.
(2) Notice of the service and a copy of the process must be forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address.
(3) The defendant's return receipt or the affidavit of the plaintiff or his or her attorney of compliance therewith must be appended to the writ of process and entered and filed in the office of the circuit court wherein the cause is brought.
(c) The court in which the action is pending may order such continua
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-90-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-90-106. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-101. Definitions.
As used in this chapter:
(1) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by:
(A) A practitioner; or
(B) The patient or research subject at the direction and in the presence of the practitioner;
(2)(A) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.
(B) “Agent” does not include a common or contract carrier, public warehouseman, or employee of the common or contract carrier or warehouseman;
(3)(A) “Anabolic steroid” means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestin, and corticosteroid that promotes muscle growth.
(B)(i) “Anabolic steroid” does not include an anabolic steroid that is expressly intended for administration through an implant to cattle or another nonhuman species and that has been approved by the Secretary of the Department of Health for such administration.
(ii) If any person prescribes, dispenses, or distributes a steroid described in subdivision (3)(B)(i) of this section for human use, the person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision (3);
(4) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI;
(5)(A) “Counterfeit substance” means a noncontrolled substance, that by overall dosage unit appearance including color, shape, size, markings, packaging, labeling, and overall appearance or upon the basis of representations made to the recipient, purports to be a controlled substance or to have the physical or psychol
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-101. This identifies an authority to review, not proof of applicability.