Browse Arkansas Code titles and sections
17-92-402. Licensed pharmacist required.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-92-402. Licensed pharmacist required.
(a) It shall be unlawful for any person not a licensed pharmacist within the meaning of this act to conduct any pharmacy or other facility subject to this subchapter for the purpose of retailing, compounding, dispensing medicines, or otherwise performing the practice of pharmacy as defined in § 17-92-101 in the State of Arkansas except as provided.
(b) It shall be unlawful for the proprietor of a store or pharmacy or other facility subject to this chapter to allow any person other than a licensed pharmacist to compound or dispense the prescriptions of authorized practitioners except as an aid to and under the supervision of a licensed pharmacist as provided in this chapter.
(c) However, any person who is not a licensed pharmacist may own or conduct a pharmacy or other facility as identified in § 17-92-403 if the owner keeps constantly in the pharmacy or other facility a licensed pharmacist subject to § 17-92-607.
(d) Any person violating the provisions of this act shall be guilty of a violation and upon conviction shall be liable to a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-402
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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Record provenance
Stable record: arkansas_code:legal_authorities:17-92-402
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ed5ad5ed99d53c6a29c31355b62b575aaf287623abe589541e3faea0c9bdf529
Source location: content.xml paragraph 25960
Stored source content
17-92-402. Licensed pharmacist required.
(a) It shall be unlawful for any person not a licensed pharmacist within the meaning of this act to conduct any pharmacy or other facility subject to this subchapter for the purpose of retailing, compounding, dispensing medicines, or otherwise performing the practice of pharmacy as defined in § 17-92-101 in the State of Arkansas except as provided.
(b) It shall be unlawful for the proprietor of a store or pharmacy or other facility subject to this chapter to allow any person other than a licensed pharmacist to compound or dispense the prescriptions of authorized practitioners except as an aid to and under the supervision of a licensed pharmacist as provided in this chapter.
(c) However, any person who is not a licensed pharmacist may own or conduct a pharmacy or other facility as identified in § 17-92-403 if the owner keeps constantly in the pharmacy or other facility a licensed pharmacist subject to § 17-92-607.
(d) Any person violating the provisions of this act shall be guilty of a violation and upon conviction shall be liable to a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100).
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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
17-92-403. Licensed pharmacist required — Exceptions.
(a) No person shall operate a pharmacy or other facility dispensing prescriptions as identified in this section or be issued a pharmacy permit or other permit issued by the Arkansas State Board of Pharmacy to facilities dispensing prescriptions unless an Arkansas-licensed pharmacist-in-charge is on duty in the drugstore or pharmacy a minimum of forty (40) hours per week or as otherwise provided in this chapter or by board rule.
(b) In the absence of a licensed pharmacist, no one shall fill a prescription except a student serving as a graduate intern.
(c) If the owner of any pharmacy or other facility dispensing prescriptions as identified in this section fails to have on duty a licensed pharmacist-in-charge forty (40) hours per week or as otherwise provided in this chapter due to illness, death, resignation, or for any other reason, the owner shall within five (5) days notify the board of the fact and shall within thirty (30) days or such additional time at the discretion of the board either secure the services of a licensed pharmacist-in-charge or remove all prescription legend drugs and drug signs from the pharmacy or facility as identified in this section and cease to operate as a pharmacy or facility as identified in this section.
(d)(1) The board shall provide by rule for the issuance of permits for specialty pharmacies to which § 17-92-607 shall apply.
(2) The owners of specialty pharmacies shall have on duty a licensed pharmacist-in-charge whose minimum number of hours on duty shall be determined by board rules regarding the nature of the pharmacy service provided.
(3) Specialty pharmacies dispensing prescriptions to in-house patients that are cared for on a twenty-four-hour-per-day basis must have
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-403
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 17-92-403. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-92-607. Unlawful for hospital to hold licensed pharmacy permit — Exceptions.
(a) It shall be unlawful for any nonprofit, tax exempt, or governmentally funded hospital to acquire direct or indirect interest in or otherwise hold directly or indirectly a licensed pharmacy permit pursuant to the provisions of § 17-92-405, for the sale at retail of drugs and medicines.
(b) However, nothing contained in this section shall be construed to prohibit any hospital having a direct or indirect interest in or otherwise holding either directly or indirectly a permit before March 28, 1975, from continuing to have an interest in or holding the permit. Nothing contained in this section shall be construed to prohibit any hospital so holding a permit before March 28, 1975, from receiving a renewal of the permit.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-607
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 17-92-607. This identifies an authority to review, not proof of applicability.