Browse Arkansas Code titles and sections
17-92-116. Exemption for home peritoneal kidney dialysis.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-92-116. Exemption for home peritoneal kidney dialysis.
(a) The provisions of §§ 17-92-101, 17-92-103, 17-92-105, 17-92-205, 17-92-206, 17-92-303, 17-92-401, 17-92-402, 17-92-404, 17-92-405, 17-92-409, 17-92-410, 17-92-411, and 17-92-902 do not apply to the sale or distribution of dialysate or devices necessary to perform home peritoneal kidney dialysis to patients with end-stage renal disease if:
(1) The dialysate composed of dextrose or icodextrin or devices are:
(A) Approved or cleared by the United States Food and Drug Administration as required by federal law;
(B) Lawfully held by a manufacturer or a third-party logistics provider of the manufacturer that is properly registered with the Arkansas State Board of Pharmacy as a wholesale distributor or medical device provider;
(C) Held and delivered in original, sealed packaging from the manufacturing facility; and
(D) Delivered only by the manufacturer or a third-party logistics provider of the manufacturer and only upon receipt of a physician's order by a licensed pharmacy and the transmittal of an order from a licensed pharmacy to the manufacturer or a third-party logistics provider of the manufacturer; and
(2) The manufacturer or a third-party logistics provider of the manufacturer delivers the dialysate or devices directly to:
(A) A patient with end-stage renal disease or a designee for the self-administration of the dialysis therapy; or
(B) A healthcare provider or institution for administration or delivery of the dialysis therapy to a patient with end-stage renal disease.
(b)(1) The board shall retain oversight of all other drugs for home peritoneal kidney dialysis with the exception of dialysate as described in subdivision (a)(1) of this section.
(2) All records of sales and distribution
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-116
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:17-92-116
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 388047eafc6cca73db509af0085643fb7bd87eaa1065b29c96b701b75534ff0c
Source location: content.xml paragraph 25385
Stored source content
17-92-116. Exemption for home peritoneal kidney dialysis.
(a) The provisions of §§ 17-92-101, 17-92-103, 17-92-105, 17-92-205, 17-92-206, 17-92-303, 17-92-401, 17-92-402, 17-92-404, 17-92-405, 17-92-409, 17-92-410, 17-92-411, and 17-92-902 do not apply to the sale or distribution of dialysate or devices necessary to perform home peritoneal kidney dialysis to patients with end-stage renal disease if:
(1) The dialysate composed of dextrose or icodextrin or devices are:
(A) Approved or cleared by the United States Food and Drug Administration as required by federal law;
(B) Lawfully held by a manufacturer or a third-party logistics provider of the manufacturer that is properly registered with the Arkansas State Board of Pharmacy as a wholesale distributor or medical device provider;
(C) Held and delivered in original, sealed packaging from the manufacturing facility; and
(D) Delivered only by the manufacturer or a third-party logistics provider of the manufacturer and only upon receipt of a physician's order by a licensed pharmacy and the transmittal of an order from a licensed pharmacy to the manufacturer or a third-party logistics provider of the manufacturer; and
(2) The manufacturer or a third-party logistics provider of the manufacturer delivers the dialysate or devices directly to:
(A) A patient with end-stage renal disease or a designee for the self-administration of the dialysis therapy; or
(B) A healthcare provider or institution for administration or delivery of the dialysis therapy to a patient with end-stage renal disease.
(b)(1) The board shall retain oversight of all other drugs for home peritoneal kidney dialysis with the exception of dialysate as described in subdivision (a)(1) of this section.
(2) All records of sales and distribution of dialysate to patients under this section shall be retained according to state law and rule of the board.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-92-103. Pharmacy laws unaffected.
This section and § 17-92-101, § 17-92-102, § 17-92-105, § 17-92-205(b), § 17-92-206(b), § 17-92-303, § 17-92-402, § 17-92-404, § 17-92-405, § 17-92-409, § 17-92-410, and § 17-92-411(a) shall not be construed to repeal any portion of the pharmacy laws in force before June 12, 1929, unless they are in direct conflict with these sections.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-103
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 17-92-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-92-105. Prohibited acts — Penalties.
(a) Violation of any part of this section and § 17-92-101, § 17-92-102, § 17-92-103, § 17-92-205(b), § 17-92-206(b), § 17-92-303, § 17-92-402, § 17-92-404, § 17-92-405, § 17-92-409, § 17-92-410, and § 17-92-411(a) not otherwise provided for shall be a violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300).
(b) Each day of violation shall constitute a separate offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-105
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 17-92-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-92-205. Rules — Enforcement.
(a)(1) The Arkansas State Board of Pharmacy shall have authority to make reasonable rules, not inconsistent with law, to carry out the purposes and intentions of this chapter and the pharmacy laws of this state that the board deems necessary to preserve and protect the public health.
(2) The board shall by rule establish standards for the administration of medications by licensed pharmacists, including, but not limited to, the completion of a course in the administration of medications.
(b) It shall be the duty of the board, through officials appointed by the Department of Health for that purpose, to enforce all the provisions of this chapter.
(c)(1) Upon written authorization by the board, the department's inspectors or other designated agents shall have authority to conduct oversight activities authorized by law, including, but not limited to, audits, investigations, inspections, licensure, or disciplinary actions, civil, administrative, or criminal proceedings or actions, or other activities necessary for appropriate oversight of the regulated activities and may enter any store, business establishment, including any hospital pharmacy, or any other facility holding a license, permit, or other authority issued by the board where drugs, medicines, chemicals, pharmaceuticals, poisons, home medical equipment, or services or other objects, services, or activities regulated by the board are manufactured, sold, dispensed, or conducted to enforce this chapter, the Uniform Controlled Substances Act, § 5-64-101 et seq., § 5-64-1001 et seq., § 5-64-1101 et seq., the Food, Drug, and Cosmetic Act, § 20-56-201 et seq., or § 20-64-501 et seq.
(2)(A) Upon written authorization by the board, the department's inspectors and other designated age
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-205
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 17-92-205. This identifies an authority to review, not proof of applicability.