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17-92-404. Pharmacy permit required.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-92-404. Pharmacy permit required.
(a) No person shall conduct any pharmacy or other facility as identified in § 17-92-403 in which practitioners' prescriptions are compounded and drugs are retailed or dispensed and in which a licensed pharmacist-in-charge must be employed unless the pharmacy or other facility as identified in § 17-92-403 has obtained a permit issued by the Arkansas State Board of Pharmacy.
(b)(1) Keeping a pharmacy or other facility as identified in § 17-92-403 where drugs and medicines or chemicals are dispensed or sold or displayed for sale at retail or where prescriptions are compounded or which has on it a sign using the words “pharmacist”, “pharmaceutical chemist”, “apothecary”, “pharmacy”, “druggist”, “drug store”, “drugs”, or their equivalent in any language, or advertising such a store or shop as a drugstore, apothecary shop, or pharmacy by any method or means shall be prima facie evidence of the sale and dispensing of drugs.
(2) Unless the place so conducted holds a permit issued by the board, it shall be unlawful for any person, firm, or corporation:
(A) To carry on, conduct, or transact a retail business under any name that contains as a part thereof the words “drugs”, “drugstore”, “pharmacy”, “medicine”, “apothecary”, or “chemist shop” or any abbreviation, translation, extension, or variation thereof; or
(B) In the operation of any pharmacy or other facility as identified in § 17-92-403 in any manner by advertisement, circular, poster, telephone directory listing, sign, or otherwise, to describe or refer to the place of business conducted by such a person, firm, or corporation by such a term, abbreviation, translation, extension, or variation.
(3) Any person, firm, or corporation violating this subsection shall be guilty of a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-404
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:17-92-404
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c5849727a878bff8c09c570b37c1f154f6ba78df87dd0764d98a82f0acb1b2f9
Source location: content.xml paragraph 25999
Stored source content
17-92-404. Pharmacy permit required.
(a) No person shall conduct any pharmacy or other facility as identified in § 17-92-403 in which practitioners' prescriptions are compounded and drugs are retailed or dispensed and in which a licensed pharmacist-in-charge must be employed unless the pharmacy or other facility as identified in § 17-92-403 has obtained a permit issued by the Arkansas State Board of Pharmacy.
(b)(1) Keeping a pharmacy or other facility as identified in § 17-92-403 where drugs and medicines or chemicals are dispensed or sold or displayed for sale at retail or where prescriptions are compounded or which has on it a sign using the words “pharmacist”, “pharmaceutical chemist”, “apothecary”, “pharmacy”, “druggist”, “drug store”, “drugs”, or their equivalent in any language, or advertising such a store or shop as a drugstore, apothecary shop, or pharmacy by any method or means shall be prima facie evidence of the sale and dispensing of drugs.
(2) Unless the place so conducted holds a permit issued by the board, it shall be unlawful for any person, firm, or corporation:
(A) To carry on, conduct, or transact a retail business under any name that contains as a part thereof the words “drugs”, “drugstore”, “pharmacy”, “medicine”, “apothecary”, or “chemist shop” or any abbreviation, translation, extension, or variation thereof; or
(B) In the operation of any pharmacy or other facility as identified in § 17-92-403 in any manner by advertisement, circular, poster, telephone directory listing, sign, or otherwise, to describe or refer to the place of business conducted by such a person, firm, or corporation by such a term, abbreviation, translation, extension, or variation.
(3) Any person, firm, or corporation violating this subsection shall be guilty of a violation and, if a corporation, any officer thereof who participates in such a violation also shall be guilty of 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).
(c)(1) The control of the dispensing of medicines being essential to the protection of the public health and general welfare of the people, any violation of subsection (b) of this section may be enjoined by action in any court of competent jurisdiction at the instance of the board or of the owner of any licensed pharmacy.
(2) Proceedings under this subsection shall be governed by rules applicable to circuit courts.
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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.