Arkansas Administrative Code

20 CAR § 202-109. Sampling personnel requirements – Sampling recordkeeping. (a) Only individuals employed by a laboratory sampling under this part may take samples. (b) Sampling may be conducted at a cultivation facility’s or dispensary’s premises or the cultivation facility or d…

20 CAR § 202-110. Cultivation facility or dispensary requirements for labeling and recordkeeping. (a) Following samples being taken from a harvest or process lot batch, a cultivation facility or dispensary must: (1) Label the batch with the following information: (A) The cultivat…

20 CAR § 202-111. Standards for testing microbiological contaminants. (a) Usable marijuana required to be tested for microbiological contaminants must be sampled using appropriate aseptic techniques and tested by a laboratory for total coliform count. (b) If a laboratory detects …

20 CAR § 202-112. Standards for testing pesticides. (a) Usable marijuana required to be tested for pesticides must be tested by a laboratory for the analytes listed in Appendix B, Table 1. (b) A batch fails pesticide testing if a laboratory detects the presence of a pesticide abo…

20 CAR § 202-113. Standards for testing solvents. (a) Usable marijuana required to be tested for solvents must be tested by a laboratory for the analytes listed in Appendix B, Table 2. (b) A batch fails solvent testing if a laboratory, during an initial test where no reanalysis i…

20 CAR § 202-114. Standards for testing water activity and moisture content. (a) Usable marijuana must be tested by a laboratory for: (1) Water activity; and (2) Moisture content. (b) If a sample has a water activity rate of more than sixty-five hundredths (0.65 Aw) the sample fa…

20 CAR § 202-115. Standards for THC and CBD testing. (a) A laboratory must test for the following when testing usable marijuana for potency: (1) THC; (2) THCA; (3) CBD; and (4) CBDA. (b) A process lot of a cannabinoid concentrate or extract fails potency testing if, based on an i…

20 CAR § 202-116. Standards for testing for heavy metals. (a) Usable marijuana must be tested by a laboratory for the metals listed in Appendix B, Table 3. (b) A batch fails metals testing if a laboratory, during an initial test where no reanalysis is requested or upon reanalysis…

20 CAR § 202-117. Failed test samples. (a)(1) If a sample fails any initial test, the laboratory that did the testing may reanalyze the sample. (2) If the sample passes, another laboratory must resample the batch and confirm that result in order for the batch to pass testing. (b)…

20 CAR § 202-118. Tentative identification of compounds. (a) Tentatively identified compounds (TICs) are compounds detected in a sample using gas chromatography mass spectrometry that are not among the target analytes for the residual solvent analysis. (b) The Department of Healt…

20 CAR § 202-119. Audit and random testing. (a) The Department of Health may require: (1) A cultivation facility or dispensary to submit samples identified by the department to a laboratory of the cultivation facility’s or dispensary’s choosing to be tested in order to determine …

20 CAR § 202-120. Temporary cultivation facility or dispensary pesticide testing requirements. (a) Notwithstanding this part, if the Department of Health finds there is insufficient laboratory capacity for the testing of pesticides, the department may permit randomly chosen sampl…

20 CAR § 202-121. Petitions to add medical conditions or treatments. (a) The Department of Health will only accept petitions that are sent via United States mail: Arkansas Department of Health Medical Marijuana Program 4815 West Markham, Slot 50 Little Rock, AR 72205 (b) Each pet…

20 CAR § 203-101. Purpose. (a) Drug abuse in Arkansas is a widespread problem. (b) This part has been prepared for the purpose of establishing a criterion for minimum standards of compliance in the prescribing, ordering, administration, dispensing, sale, and other means of legiti…

20 CAR § 203-102. Registration. (a) Every practitioner defined as follows shall obtain a registration from the Drug Enforcement Administration, Department of Justice, unless exempted by law: (1) A physician, podiatric physician, osteopathic physician, dentist, veterinarian, optom…

20 CAR § 203-103. Exempt preparations. (a) Schedule V exempt narcotics. A controlled substance listed in Schedule V that is not a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., may be dispensed by a pharmacist without a pr…

20 CAR § 203-104. Security requirements. (a) All practitioners shall provide effective controls and procedures to guard against theft and diversion of controlled substances. (b) Controlled substances listed in Schedules I, II, III, IV, V, and VI shall be stored under double-lock …

20 CAR § 203-105. Procedure in case of loss. (a)(1) Each practitioner who discovers any suspected loss, theft, or other diversion, or any combination thereof, of any controlled substance shall immediately notify by phone or fax the: (A) Pharmacy Services and Drug Control Section …

20 CAR § 203-106. Classification of controlled substances. (a) Pursuant to Arkansas Code § 5-64-201 et seq., the Secretary of the Department of Health or designee may add substances to or delete or reschedule all substances enumerated in the schedules pursuant to the procedures o…

20 CAR § 20-107. Records of controlled substances. (a)(1) Every practitioner and LTCF shall keep a record of such controlled substances received, administered, dispensed, or professionally used otherwise than by prescription in order to maintain complete accountability. (2) The r…

20 CAR § 203-108. Surrender of unwanted controlled substances. (a) All controlled substances no longer usable because of deterioration or expired dating or that are unwanted: (1) Shall be delivered in person, by registered mail, or by another means of shipment to allow for tracki…

20 CAR § 203-109. Controlled drug prescription or orders. (a) Issue of prescriptions or orders. (1)(A) “Prescription” means an order for medication that is dispensed to or for an ultimate user but does not include an order for medication that is dispensed for immediate administra…

20 CAR § 203-110. Schedule II prescriptions. Prescriptions written for Schedule II controlled substances may be dispensed up to six (6) months from the date written if the dispenser is certain of the validity of the prescription, except for patients classified as terminally ill o…

20 CAR § 203-111. Violations. Any violation of this part by any practitioner as defined in 20 CAR § 203-102 may be reported by Pharmacy Services and Drug Control Section of the Department of Health to the appropriate licensing board of the violator for possible disciplinary actio…

20 CAR § 203-112. Suspension or revocation. (a) The registration issued by the Department of Health to conduct procedures with controlled substances may be suspended or revoked for the following reasons: (1) The registrant has violated any provisions of this part; (2) The registr…

20 CAR § 203-113. Labeling. (a) Controlled substances dispensed by a practitioner to a patient shall bear a label that includes the: (1) Date of dispensing; (2) Name, address, and telephone number of the dispenser; (3) Serial number of the prescription; (4) Name of the patient; (…

20 CAR § 204-101. Purpose. (a)(1) Synthetic marijuana products marketed under names such as K2, Spice, Genie, Blaze, Red X Dawn, and Zohia commonly contain the substances JWH-018 and JWH-073. (2) These substances: (A) Are believed to be manufactured in China; and (B) Were invente…

20 CAR § 204-102. Definitions. As used in this part: (1) “Distributor” means any person offering for sale, exchange, or barter any synthetic marijuana products destined for sale in Arkansas; (2) "Participate in the synthetic marijuana products market" means to distribute, possess…

20 CAR § 204-103. General requirements. (a) It shall be unlawful for any person, retailer, or distributor to participate in the synthetic marijuana products market. (b) Any product found to contain a synthetic marijuana product shall not be distributed, sold, or moved until the D…

20 CAR § 204-104. Violations and penalties. (a)(1) Every firm, person, or corporation violating any of the provisions of this part shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more …

20 CAR § 204-105. Severability. If any provision of this part, or the application thereof, to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this part which can give effect without the invalid provisions or applic…

20 CAR § 204-106. Repeal. All rules and parts of the rules in conflict herewith are hereby repealed.

20 CAR § 400-1001. Housekeeping — Maintenance. (a)(1) Housekeeping services of the nursing home shall be under the direction of a full-time experienced person. (2) The facility shall have on duty one (1) housekeeper per thirty (30) residents in order to maintain the nursing home.…

20 CAR § 400-101. Definitions. For the purpose of this part the following definitions shall apply: (1) “Administrator” means a person licensed as a nursing home administrator by the Department of Human Services who administers, manages, supervises, or is in general administrative…

20 CAR § 400-102. Abbreviations. As used in this part: (1) “F.T.” means full-time forty (40) hours per week in this part and should not be confused with Fair Labor Standards Act; (2) “L.P.N.” means licensed practical nurse; (3) “L.P.T.N.” means licensed psychiatric technician nur…

20 CAR § 400-1101. Purpose of assignment and reporting of licensed beds by class. (a) This subpart establishes a classification system and process for a Medicaid-certified skilled nursing facility to differentiate, document, and report to the Department of Human Services: (1) The…

20 CAR § 400-1102. Classes of resident rooms. (a) Class A. (1) A Class A room is a private single occupancy resident bedroom in a Medicaid-certified skilled nursing facility that: (A) Has an adjoining private bathroom or an en suite bathroom shared with one (1) other adjoining Cl…

20 CAR § 400-1103. Private and en suite bathroom facilities for Class A and Class B rooms. (a) For designation as Class A or Class B, a Medicaid-certified skilled nursing facility resident room must have either: (1) An adjoining private bathroom to only serve one (1) Class A or C…

20 CAR § 400-1104. Registered architect required. (a) Each Medicaid-certified skilled nursing facility shall contract with a registered architect to: (1) Physically inspect the facility’s resident rooms and bathroom facilities; (2) Prepare the simplified annotated floor plan desc…

20 CAR § 400-1105. Simplified annotated floor plans. (a) A simplified annotated floor plan shall be submitted with each report on resident room classifications and assignment of total bed licenses described in 20 CAR § 400-1106. (b) Each simplified annotated floor plan shall: (1)…

20 CAR § 400-1106. Reports on resident room classifications and assignment of bed licenses. (a) Purpose. This section specifies the required and optional reports by a Medicaid-certified skilled nursing facility to document the classification of each resident room and the assignme…

20 CAR § 400-1107. Department review of reports and annotated floor plans. (a) To verify the accuracy and completeness of a report submitted under 20 CAR § 400-1106 or an annotated floor plan submitted under 20 CAR § 400-1105, the Department of Human Services may, through departm…

20 CAR § 400-1201. Admission only on recommendation of a physician. (a) Patients shall be admitted to the facility only on recommendation of a physician. (b) At the time of admission the physician must document level of care needed by the patient. (c) A certification statement by…

20 CAR § 400-1202. Continued supervision of care. (a) The health care of every patient shall be under the continuing supervision of a physician, who, based on a medical evaluation of the patient's immediate and long-term needs, prescribes a planned regimen of total patient care. …

20 CAR § 400-1203. Physical examination of patients. (a) The medical evaluation of the patient shall be based on a history and physical examination done within seventy-two (72) hours of admission unless such examination was performed within fifteen (15) days prior to admission. (…

20 CAR § 400-1204. Planned regimen of care. The planned regimen of total care for each patient shall be based on the attending physician's order and shall cover: (1) Medication; (2) Treatment; (3) Rehabilitative services (where appropriate); (4) Diets; (5) Precautions related to …

20 CAR § 400-1205. Establishment restoration potential. (a) The attending physician shall establish at the time of admission a restoration potential for the patient. (b) This should be updated as needed but not less than on an annual basis.

20 CAR § 400-1206. Emergency physician. (a) The facility should make arrangements for emergency coverage by a physician if the attending physician or his or her attendant cannot be located. (b) This should be done by a written agreement signed by the physician and the facility ad…

20 CAR § 400-1301. Professional nurse supervision. (a)(1) A licensed registered nurse shall be employed full time as the director of nursing services and normally work on the day shift. (2) In skilled nursing facilities registered nurse relief shall be provided for the off days o…

20 CAR § 400-1302. Charge nurse. (a)(1) In skilled nursing facilities, the director of nursing services shall designate as charge nurse for each shift a: (A) Registered nurse; (B) Licensed practical nurse; or (C) Licensed psychiatric technician nurse. (2) Responsibilities of the …