63 chapters · 2,838 sections in this title.
Ark. Code Ann. § 20-64-317 Rules
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(a) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health. (b) Before the rules or amendments thereto shall become effective, the board shall publish notice two (2) times weekly for two (2) consecutive weeks in a…
Ark. Code Ann. § 20-64-401 Penalties
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(a) Any person violating any provision of this subchapter shall be guilty of a felony and upon conviction shall be subject to imprisonment in the state penitentiary for a term of not less than three (3) years nor more than five (5) years. (b) For the second or any subsequent viol…
Ark. Code Ann. § 20-64-402 Use, possession, sale, etc., prohibited — Generally
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(1) It shall be unlawful for any person, except as provided in this subchapter, to use, possess, have in one's possession, sell, exchange, give or attempt to give to another, barter, or otherwise dispose of:(1) Lysergic acid;(2) LSD, which is d-lysergic acid diethylamide;(3) DMT,…
Ark. Code Ann. § 20-64-403 Use, possession, sale, etc., prohibited — Exceptions
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(1) The drugs enumerated in § 20-64-402 may lawfully be possessed by:(1) A manufacturer licensed by the United States Food and Drug Administration to produce and distribute the drugs, or his or her agent, to be sold only to a person authorized in this section to possess the drugs…
Ark. Code Ann. § 20-64-501 Applicability
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Nothing in this subchapter shall apply to the sale of chemicals or poisons for use for nonmedical purposes, or for uses as insecticides or biologics or medicine used for the cure, mitigation, or prevention of disease of animals or fowl, and uses for agricultural use which comply …
Ark. Code Ann. § 20-64-502 Construction
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(a) This subchapter shall be construed to repeal only those provisions of the pharmacy laws of Arkansas in direct and specific conflict herewith. (b) The provisions of this subchapter shall otherwise be cumulative to the pharmacy laws of Arkansas.
Ark. Code Ann. § 20-64-503 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Blood” means whole blood collected from a single donor and processed either for transfusion or further manufacturing;(2) “Blood component” means that part of blood separated by physical or mechanical means…
Ark. Code Ann. § 20-64-504 Sales — Permit required
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It shall be unlawful for any person to sell or offer for sale by advertisement, circular, letter, sign, oral solicitation, or any other means any prescription drug unless the person holds and possesses a permit authorizing the sale as provided by this subchapter.
Ark. Code Ann. § 20-64-505 Wholesale distributor — Permit required
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(a) Every wholesale distributor who shall engage in the wholesale distribution of prescription drugs, to include without limitation, manufacturing in this state, shipping into this state, or selling or offering to sell in this state, shall register annually with the Arkansas Stat…
Ark. Code Ann. § 20-64-506 Wholesale distributors — Shipment to certain licensed professionals
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(a) All wholesale distributors must, before shipping to a recipient in this state any prescription drug as defined in this subchapter, ascertain that the person to whom shipment is made is either a physician licensed by the Arkansas State Medical Board, a licensed doctor of denti…
Ark. Code Ann. § 20-64-507 Rules
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(a) The Arkansas State Board of Pharmacy shall adopt rules for the wholesale distribution of prescription drugs which promote the public health and welfare and which comply with the minimum standards, terms, and conditions of the Prescription Drug Marketing Act and federal regula…
Ark. Code Ann. § 20-64-508 Revocation or suspension of licenses
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(1) The Arkansas State Board of Pharmacy may revoke or suspend an existing license or may refuse to issue a license under this subchapter if the holder or applicant has committed or is found guilty by the board of any of the following:(1) Violation of any federal, state, or local…
Ark. Code Ann. § 20-64-509 Penalties
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(a) After notice and hearing, whenever the Arkansas State Board of Pharmacy has found a licensee to have committed any act enumerated in § 20-64-508, the board shall have the power to impose a civil penalty and may order the license to be suspended until the penalty is paid. (b) …
Ark. Code Ann. § 20-64-510 Hearing procedures
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The procedure for notice, hearing, and appeals therefrom shall be that of the Arkansas State Board of Pharmacy set forth in § 17-92-313, and that of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Ark. Code Ann. § 20-64-511 Violations
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A person violating any provision of this subchapter shall be guilty of a Class A misdemeanor.
Ark. Code Ann. § 20-64-512 Inspection of records
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(a) (1) The Arkansas State Board of Pharmacy may conduct inspections upon all premises purporting or appearing to be used by a person licensed under this subchapter.(2) The board in its discretion may accept a satisfactory inspection by the United States Food and Drug Administrat…
Ark. Code Ann. § 20-64-513 Injunctive powers
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The Arkansas State Board of Pharmacy may, in its discretion and in addition to various remedies provided by law under this subchapter, apply to a court having competent jurisdiction over the parties and subject matter for a writ of injunction to restrain violations of this subcha…
Ark. Code Ann. § 20-64-601 [Repealed.]
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A.C.A. § 20-64-601Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 20-64-602 Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services — Powers and duties
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(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall:(1) Coordinate all state and federally funded programs dealing with alcohol and drug abuse in the state;(2) Provide information to the public on the problems and needs of al…
Ark. Code Ann. § 20-64-603 Secretary of the Department of Human Services — Administration of state plans
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The Secretary of the Department of Human Services shall be the single state authority and shall have primary responsibility for administering the state plan on alcohol abuse and alcoholism and the state plan on drug abuse prevention.
Ark. Code Ann. § 20-64-701 Legislative findings
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(a) The purpose of this subchapter is to help prevent broken homes and the loss of life, health, money, and property by creating an agency which shall coordinate the efforts of all interested and affected state and local agencies; develop educational and preventative programs; pr…
Ark. Code Ann. § 20-64-702 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Alcoholic” means any person who chronically and habitually uses alcoholic beverages to the extent that the person has lost the power of self-control with respect to the use of such beverages, or who while …
Ark. Code Ann. § 20-64-703 Construction
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This subchapter shall be liberally construed to accomplish the purposes sought in it.
Ark. Code Ann. § 20-64-704 Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services — Powers and duties
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(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have the following duties and functions:(1) Carry on a continuing study of the problems of alcoholism in this state and seek to focus public attention on the problems;(2) Es…
Ark. Code Ann. § 20-64-705 Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services — Power to accept gifts
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(a) (1) The Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, on behalf of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, may receive any federal means, grants, c…
Ark. Code Ann. § 20-64-706 Division of Aging, Adult, and Behavioral Health Services — Rules
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The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be responsible for the adoption of all policies and shall make all rules appropriate to the proper accomplishment of its functions under this subchapter and to the allocation of…
Ark. Code Ann. § 20-64-707 Division of Aging, Adult, and Behavioral Health Services — Cooperation by other departments
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(a) To effectuate the purpose of this subchapter and to make maximum use of existing facilities and personnel, it is the duty of all departments and agencies of the state government and all officers and employees of the state, when requested by the Division of Aging, Adult, and B…
Ark. Code Ann. § 20-64-801 Definitions
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(1) As used in this subchapter:(1) “Administrator” refers to the chief administrative officer or executive director of any private or public facility or program designated as a receiving facility or program by the Division of Aging, Adult, and Behavioral Health Services of the De…
Ark. Code Ann. § 20-64-802 Jurisdiction
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The circuit courts of this state shall have exclusive jurisdiction for the involuntary commitment procedures initiated pursuant to this subchapter. The circuit judge may conduct hearings pursuant to this subchapter in a receiving facility or program where the person is detained o…
Ark. Code Ann. § 20-64-803 Civil immunity
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The prosecuting attorney, deputy prosecuting attorneys, the Prosecutor Coordinator, law enforcement officers, governing boards of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, employees of the division, governing boards of desig…
Ark. Code Ann. § 20-64-804 Habeas corpus
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Nothing in this subchapter shall in any way restrict the right of any person to attempt to secure his or her freedom by a habeas corpus proceeding as provided by current Arkansas law.
Ark. Code Ann. § 20-64-805 Inspections — Procedures
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(a) To assure compliance with this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, through its authorized agents, may visit or investigate any receiving facility or program to which persons are admitted or committed un…
Ark. Code Ann. § 20-64-810 Voluntary admissions
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Any person who believes himself or herself to be addicted to alcohol or other drugs may apply to the administrator or his or her designee of a receiving facility or program for admission. If the administrator or his or her designee shall be satisfied after examination of the appl…
Ark. Code Ann. § 20-64-811 Continued detention
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(a) If at any time the person who has voluntarily admitted himself or herself to a receiving facility or program makes a request to leave, the administrator or his or her designee may file or cause to be filed a petition for involuntary commitment. (b) If the administrator or his…
Ark. Code Ann. § 20-64-812 Absence from receiving facility or program
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(a) (1) Treatment staff shall immediately inform the prosecuting attorney of the county where the receiving facility or program is located if, in the opinion of the treatment staff, a person who voluntarily admitted himself or herself meets the criteria for involuntary commitment…
Ark. Code Ann. § 20-64-815 Petition for involuntary commitment
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(a) Any person having any reason to believe that a person is homicidal, suicidal, or gravely disabled may file a petition with the clerk of the circuit court of the county in which the person alleged to be addicted to alcohol or other drugs resides or is detained and be represent…
Ark. Code Ann. § 20-64-816 Petition for immediate detention
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(a) Any person filing a petition for involuntary commitment may append thereto a petition for immediate detention. (b) The request for immediate detention shall be verified and shall:(1) State with particularity facts personally known to the affiant which establish reasonable cau…
Ark. Code Ann. § 20-64-817 Statement of rights
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(1) Every petition for involuntary commitment shall include or contain as an attachment the following statement of rights:(1) That the person has the right to effective assistance of counsel, including the right to a court-appointed attorney;(2) That the person and his or her att…
Ark. Code Ann. § 20-64-820 Appointment of counsel
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(a) If it appears to the court that a person sought to be committed is in need of counsel, counsel shall be appointed immediately upon filing of the petition. Whenever legal counsel is appointed by the court, such court shall determine the amount of the fee, if any, to be paid th…
Ark. Code Ann. § 20-64-821 Initial hearing — Determination — Evaluation
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(a) In each case a hearing shall be set by the court within five (5) days, excluding weekends and holidays, of the filing of a petition for involuntary commitment, with a request for continued detention or for involuntary commitment with a request for immediate detention. (b) (1)…
Ark. Code Ann. § 20-64-822 Pleadings — Involuntary commitment
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The pleadings in each case shall be deemed to conform to the proof. The court is hereby authorized to enter orders of involuntary commitment pursuant to § 20-47-201 et seq., conforming thereto.
Ark. Code Ann. § 20-64-823 Filing of petition — Legal representation
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The petition may be filed by the local prosecuting attorney, an attorney representing the petitioner, or pro se. The county shall establish an indigency fund to permit the petitioner to request a court-appointed attorney by filing an affidavit of indigency. The attorney may be al…
Ark. Code Ann. § 20-64-824 Additional commitment
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(a) An additional forty-five-day commitment order may be requested if in the opinion of the treatment staff a person remains suicidal, homicidal, or gravely disabled. (b) (1) (A) Any request for periods of additional commitment pursuant to this section shall be made by a petition…
Ark. Code Ann. § 20-64-825 Voluntary status
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(a) At any time during detention, the person may be converted to voluntary status if the person's certified substance abuse counselor files a written statement of consent with the court. The court shall dismiss the petition immediately upon the filing of said statement. (b) If, u…
Ark. Code Ann. § 20-64-826 Early release
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(a) If any person is released from detention before the expiration of the period of commitment, the court may condition the release upon the person's compliance with outpatient treatment for the time not to exceed the duration of the commitment order and at the receiving facility…
Ark. Code Ann. § 20-64-827 Appeals
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All commitment orders authorized herein shall be considered final and appealable under Rule 2 of the Arkansas Rules of Appellate Procedure — Civil.
Ark. Code Ann. § 20-64-828 Presumption of competency
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No person admitted voluntarily or committed involuntarily to a receiving facility or program under this subchapter shall be considered incompetent per se by virtue of the admission or commitment.
Ark. Code Ann. § 20-64-829 False statements — Penalty
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Any person willfully making false statements on a petition for involuntary commitment, petition for involuntary commitment with request for continued detention, or petition for involuntary commitment with request for immediate detention, or who willfully makes false statements fo…
Ark. Code Ann. § 20-64-830 Liability for treatment — Rules
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(a) (1) Any person legally obligated to support a person in treatment from a receiving facility or program shall pay to the receiving facility or program an amount to be fixed by the receiving facility or program as the cost for treatment.(2) The amounts shall be a debt of the ob…
Ark. Code Ann. § 20-64-901 Purpose
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The purpose of this subchapter is to require all persons, partnerships, associations, or corporations holding themselves out to the public as alcohol and drug abuse treatment programs in the State of Arkansas to meet the licensure standards set by the Division of Aging, Adult, an…