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17-92-906. Rules.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-92-906. Rules.
(a)(1) The Arkansas State Board of Pharmacy shall adopt rules for the distribution of home medical equipment, legend devices, and medical gases which promote the public health and welfare and which comply with, at least, the minimum standards, terms, and conditions of federal laws and federal regulations.
(2) The rules shall include, without limitation:
(A) Minimum information from each home medical equipment, legend device, and medical gas supplier required for licensing and renewal of licenses;
(B) Minimum qualifications of persons who engage in the distribution of these products;
(C) Appropriate education or experience, or both, of persons employed in distribution of these products who assume responsibility for positions related to compliance with state licensing requirements;
(D) Minimum requirements for the storage and handling of these products;
(E) Minimum requirements for the establishment and maintenance of distribution records for these products; and
(F) Federal and state labeling requirements.
(b) State rules shall not apply to the following:
(1) Home health agencies;
(2) Hospitals;
(3) Manufacturers and wholesale distributors when not selling directly to the patient;
(4) Healthcare practitioners legally eligible to prescribe or order home medical equipment, medical gases, and legend devices;
(5) Medical doctors, physical therapists, respiratory therapists, occupational therapists, speech pathologists, optometrists, chiropractors, and podiatrists who use home medical equipment or legend devices, or both, to treat patients;
(6) Nurses who use but do not sell home medical equipment or legend devices, or both, to their patients;
(7) Hospice programs;
(8) Nursing homes; and
(9) Veterinarians.
(c) No rules pr
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-906
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:17-92-906
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5eb43f6f29ccdadcd2a15512786927ff14ca80070c431c8fdc8666e88a2c310a
Source location: content.xml paragraph 26525
Stored source content
17-92-906. Rules.
(a)(1) The Arkansas State Board of Pharmacy shall adopt rules for the distribution of home medical equipment, legend devices, and medical gases which promote the public health and welfare and which comply with, at least, the minimum standards, terms, and conditions of federal laws and federal regulations.
(2) The rules shall include, without limitation:
(A) Minimum information from each home medical equipment, legend device, and medical gas supplier required for licensing and renewal of licenses;
(B) Minimum qualifications of persons who engage in the distribution of these products;
(C) Appropriate education or experience, or both, of persons employed in distribution of these products who assume responsibility for positions related to compliance with state licensing requirements;
(D) Minimum requirements for the storage and handling of these products;
(E) Minimum requirements for the establishment and maintenance of distribution records for these products; and
(F) Federal and state labeling requirements.
(b) State rules shall not apply to the following:
(1) Home health agencies;
(2) Hospitals;
(3) Manufacturers and wholesale distributors when not selling directly to the patient;
(4) Healthcare practitioners legally eligible to prescribe or order home medical equipment, medical gases, and legend devices;
(5) Medical doctors, physical therapists, respiratory therapists, occupational therapists, speech pathologists, optometrists, chiropractors, and podiatrists who use home medical equipment or legend devices, or both, to treat patients;
(6) Nurses who use but do not sell home medical equipment or legend devices, or both, to their patients;
(7) Hospice programs;
(8) Nursing homes; and
(9) Veterinarians.
(c) No rules promulgated to implement this subchapter shall be effective until they have been reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.
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