Browse Arkansas Code titles and sections
17-92-1102. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-92-1102. Definitions.
As used in this subchapter:
(1) “Charitable clinic” means a charitable nonprofit corporation or a facility organized as a not-for-profit corporation under §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224 that:
(A) Holds a valid exemption from federal income taxation issued pursuant to section 501(a) of the Internal Revenue Code;
(B) Is listed as an exempt organization under section 501(c)(3) of the Internal Revenue Code;
(C) Provides advice, counseling, diagnosis, treatment, surgery, care, or services relating to the preservation or maintenance of health on an outpatient basis for a period of less than twenty-four (24) consecutive hours to persons not residing or confined at the facility;
(D) May charge an administrative fee or request a donation not to exceed ten dollars ($10.00) per visit; and
(E) Has a licensed outpatient pharmacy;
(2) “Charitable clinic pharmacy” means the practice of a pharmacy at a site where prescriptions are dispensed by a charitable clinic free of charge to appropriately screened and qualified indigent patients;
(3) “Controlled substances” means substances defined by the Uniform Controlled Substances Act, § 5-64-101 et seq.;
(4) “Indigent” means a person with an income that is below two hundred percent (200%) of the federal poverty level;
(5) “Nursing facility” means the same as under § 20-10-1401;
(6)(A)(i) “Prescription drug” means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., to being dispensed by or upon a medical practitioner's prescription because the drug is:
(a) Habit-forming;
(b) Toxic or having potential for harm; or
(c) Limited in its use to use under a practitioner's supervision by the new drug application for the drug.
(
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-1102
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:17-92-1102
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5c7bfca3d4a370017c386292f54194df8817b1392cb193a5a978d7acdcb64b40
Source location: content.xml paragraph 26733
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17-92-1102. Definitions.
As used in this subchapter:
(1) “Charitable clinic” means a charitable nonprofit corporation or a facility organized as a not-for-profit corporation under §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224 that:
(A) Holds a valid exemption from federal income taxation issued pursuant to section 501(a) of the Internal Revenue Code;
(B) Is listed as an exempt organization under section 501(c)(3) of the Internal Revenue Code;
(C) Provides advice, counseling, diagnosis, treatment, surgery, care, or services relating to the preservation or maintenance of health on an outpatient basis for a period of less than twenty-four (24) consecutive hours to persons not residing or confined at the facility;
(D) May charge an administrative fee or request a donation not to exceed ten dollars ($10.00) per visit; and
(E) Has a licensed outpatient pharmacy;
(2) “Charitable clinic pharmacy” means the practice of a pharmacy at a site where prescriptions are dispensed by a charitable clinic free of charge to appropriately screened and qualified indigent patients;
(3) “Controlled substances” means substances defined by the Uniform Controlled Substances Act, § 5-64-101 et seq.;
(4) “Indigent” means a person with an income that is below two hundred percent (200%) of the federal poverty level;
(5) “Nursing facility” means the same as under § 20-10-1401;
(6)(A)(i) “Prescription drug” means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., to being dispensed by or upon a medical practitioner's prescription because the drug is:
(a) Habit-forming;
(b) Toxic or having potential for harm; or
(c) Limited in its use to use under a practitioner's supervision by the new drug application for the drug.
(ii) The product label of a legend drug is required to contain the statement:
(a) “CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION”; or
(b) “Rx only”.
(iii) The drug is subject to the requirement of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act which shall be exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if certain specified conditions are met.
(B) “Prescription drug” does not include controlled substances; and
(7) “Properly transferred” means the storage, handling, and distribution of the drug under this subchapter in:
(A) Accordance with the label; and
(B) Its dispensed, sealed, tamper-evident single-user unit.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 301
Stored review status: release_metadata_unconfirmed. The source passage cites 21 U.S.C. § 301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 30
TITLE 21—FOOD AND DRUGS
§ 301
Sec.
398.
Notices to States regarding imported food.
399.
Grants to enhance food safety.
399a.
Office of the Chief Scientist.
399b.
Office of Women’s Health.
399c.
Improving the training of State, local, terri-
torial, and tribal food safety officials.
399d.
Employee protections.
399e.
Nanotechnology.
399f.
Ensuring
adequate
information
regarding
pharmaceuticals for all populations, par-
ticularly underrepresented subpopulations,
including racial subgroups.
399g.
Food and Drug Administration Intercenter
Institutes.
399h.
National Centers of Excellence in Advanced
and Continuous Pharmaceutical Manufac-
turing.
399i.
Food and Drug Administration Working Cap-
ital Fund.
SUBCHAPTER I—SHORT TITLE
§ 301. Short title
This chapter may be cited as the Federal
Food, Drug, and Cosmetic Act.
(June 25, 1938, ch. 675, § 1, 52 Stat. 1040.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES
Act June 23, 1939, ch. 242, §§ 1, 2, 53 Stat. 853, 854, pro-
vided that:
‘‘[SEC. 1] (a) The effective date of the following provi-
sions of the Federal Food, Drug, and Cosmetic Act is
hereby postponed until January 1, 1940: Sections 402(c)
[342(c) of this title]; 403(e)(1) [343(e)(1) of this title];
403(g), (h), (i), (j), and (k) [343(g) to (k) of this title];
501(a), (4) [351(a)(4) of this title]; 502(b), (d), (e), (f), (g),
and (h) [352(b), (d) to (h) of this title]; 601(e) [361(e) of
this title]; and 602(b) [362(b) of this title].
‘‘(b) The Secretary of Agriculture shall promulgate
regulations further postponing to July 1, 1940[,] the ef-
fective date of the provisions of sections 403(e)(1)
[343(e)(1) of this title]; 403(g), (h), (i), (j), and (k) [343(g)
to (k)]; 502(b), (d), (
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 301
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-28-201. Title.
Sections 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224 shall be known as the “Arkansas Nonprofit Corporation Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-28-201
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 4-28-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-28-206. Articles of incorporation generally.
(a) Any association of persons or for-profit corporation organized under the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., desirous of becoming incorporated under the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224, shall file with the circuit court of the county in which the main office or principal place of business of the proposed corporation is located or proposed to be located signed and verified articles of incorporation, which shall set forth the following:
(1) The name of the corporation;
(2) The period of duration, which may be perpetual;
(3) The purposes for which the corporation is organized;
(4) Any provisions, not inconsistent with law, which the incorporators elect to set forth in the articles of incorporation for the regulation of the internal affairs of the corporation, including any provision for distribution of assets on dissolution or final liquidation;
(5) The address of its main office or principal place of business, and the name of its registered agent at that address;
(6) The number of directors constituting the initial board of directors and the names and addresses of the persons who are to serve as the initial directors;
(7) The name and address of each incorporator;
(8) A statement that the corporation:
(A) Is a nonprofit corporation; and
(B) Has converted under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224; and
(9)(A) A description of the treatment of shares of stock.
(B) The description of the treatment of shares of stock:
(i) May provide for the exchange of shares of stock for certificates of membership if the corporation has members; or
(ii) Shall provide
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-28-206
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 4-28-206. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-28-209. Powers.
Each corporation shall have power:
(1) To have perpetual succession by its corporate name unless a limited period of duration is stated in its articles of incorporation;
(2) To sue and be sued, complain, and defend in its corporate name;
(3) To purchase, take, receive, lease, take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property or any interest therein, wherever situated;
(4) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets;
(5) To make contracts and incur liabilities, borrow money, issue its notes, bonds, and other obligations, act as a trustee, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises, and income;
(6) To manage its internal affairs in any desired manner so long as the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224, or other law are not violated; and
(7) To do any and all things necessary, convenient, useful, or incidental to the attainment of its purposes as fully and to the same extent as natural persons lawfully might or could do so long as consistent with the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-28-209
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 4-28-209. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-28-224. Corporation's acceptance of votes.
(a) If the name signed on a vote, consent, waiver, or proxy appointment corresponds to the name of a member, the corporation, if acting in good faith, is entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the member.
(b) If the name signed on a vote, consent, waiver, or proxy appointment does not correspond to the name of a member, the corporation, if acting in good faith, is nevertheless entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the member if:
(1) The member is an entity and the name signed purports to be that of an officer or agent of the entity;
(2) The name signed purports to be that of an administrator, executor, guardian, or conservator representing the member and, if the corporation requests, evidence of fiduciary status acceptable to the corporation has been presented with respect to the vote, consent, waiver, or proxy appointment;
(3) The name signed purports to be that of an attorney-in-fact of the member and, if the corporation requests, evidence acceptable to the corporation of the signatory's authority to sign for the member has been presented with respect to the vote, consent, waiver, or proxy appointment; or
(4) Two (2) or more persons are the member as cotenants or fiduciaries and the name signed purports to be the name of at least one (1) of the co-owners and the person signing appears to be acting on behalf of all the co-owners.
(c) The corporation is entitled to reject a vote, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-28-224
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 4-28-224. This identifies an authority to review, not proof of applicability.