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17-92-1004. Requirements for internet sales.

Arkansas Code — all titles (historical 2020) · legal_authorities

17-92-1004. Requirements for internet sales.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-1004

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:17-92-1004
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 646895caf557a0b6b56559b0d3a469a60748ac793603302db92af45acb10d065

Source location: content.xml paragraph 26655

Stored source content

17-92-1004. Requirements for internet sales. (a) A pharmacy operating within or outside Arkansas shall not sell, dispense, distribute, deliver, or participate in the sale, dispensing, distribution, or delivery of a prescription-only drug to any consumer in this state through an internet site or by electronic mail unless: (1) All internet sites and electronic mail used by the person for purposes of sales or delivery of a prescription-only drug are in compliance with all requirements of federal law applicable to the internet site or electronic mail; (2)(A) The pharmacy that sells, dispenses, distributes, or delivers the prescription-only drug is in compliance with all requirements of relevant state law. (B) The pharmacy shall be properly regulated by the Arkansas State Board of Pharmacy to engage in the practice of pharmacy pursuant to § 17-92-101 et seq.; (3) The pharmacist who fills the prescription order is in compliance with subsection (c) of this section; (4)(A) Any pharmacy that participates in the sale of a prescription-only drug is in compliance with subsection (d) of this section. (B) Any pharmacy that participates in the sale of a prescription-only drug is in compliance with an Arkansas prescription drug monitoring program, if an Arkansas prescription drug monitoring program exists; (5)(A) The pharmacy, if a foreign entity, is registered with the Secretary of State and is in compliance with all requirements for foreign corporations provided in any applicable state law. (B) Nothing in this subdivision (a)(5) shall be construed to authorize any corporation to engage in the practice of medicine contrary to any applicable Arkansas law; and (6) Any practitioner who sells, dispenses, distributes, or delivers the prescription-only drug is in compliance with all requirements of relevant state law. (b) Any practitioner who writes a prescription order through an internet site or electronic mail for a consumer physically located in this state who is not an established patient shall be licensed by the applicable licensing board and in compliance with all applicable laws. (c) A pharmacist practicing within or outside Arkansas may not fill a prescription order to dispense a prescription-only drug to a patient if the pharmacist knows or reasonably should have known under the circumstances that the prescription order was issued: (1) On the basis of: (A) An internet questionnaire; (B) An internet consultation; or (C) A telephonic consultation; and (2) Without a valid prior patient-practitioner relationship. (d)(1) An internet broker operating within or outside Arkansas may participate in the sale of a prescription-only drug in this state only if the internet broker knows that the pharmacist who dispenses the drug has complied with the requirements of subsection (c) of this section. (2) The board shall report to the Attorney General any violations of subdivision (d)(1) of this section.

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Arkansas Code — all titles (historical 2020) · legal_authorities

17-92-101. Definitions.

17-92-101. Definitions. As used in this chapter: (1) “Biological product” means a biological product as defined by 42 U.S.C. § 262(i)(1), as it existed on January 1, 2019; (2) “Credentialing” means the issuance of or approval by the Arkansas State Board of Pharmacy of a credential issued to a pharmacist by an agency approved by the Arkansas State Board of Pharmacy certifying that the pharmacist has met the standards of competency established by the Arkansas State Board of Pharmacy for disease state management or other pharmacy services necessitating a credential; (3) “Dentist” means a practitioner of dentistry duly licensed under the laws of this or some other state; (4)(A) “Disease state management” means a strategy that utilizes a team-oriented, multidisciplinary approach to improve healthcare outcomes and quality of care, and when possible, to control healthcare cost through management of targeted chronic disease states. (B) Disease state management focuses on improving health care from prevention to diagnosis and treatment to ongoing follow-up. (C) Disease state management will involve, but not be limited to, patient education, self-care techniques, and outpatient drug therapy management pursuant to a patient care plan; (5) “Drug” shall include all medicines and preparations recognized in the United States Pharmacopeia or the National Formulary as substances intended to be used for the care, mitigation, or prevention of disease of either man or other animals; (6) “Generically equivalent” means a drug that is pharmaceutically and therapeutically equivalent to the drug prescribed; (7) “Interchangeable biological product” means a biological product that is interchangeable as defined by 42 U.S.C. § 262(i)(3), as it existed on January 1, 2019; (8)(A)

Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-101

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 17-92-101. This identifies an authority to review, not proof of applicability.