Title 17 — Professions, Occupations, and Businesses

This subchapter may be known and cited as the “Arkansas Internet Prescription Consumer Protection Act”.

(1) The purpose of this subchapter is to require internet pharmacies to:(1) Make certain disclosures on their internet sites;(2) List the principals, pharmacists, and physicians associated with the internet sites; and(3) Include amending licensing requirements for pharmacists and…

(1) As used in this subchapter:(1) “Deliver” means the actual, constructive, or attempted transfer from one (1) person to another of any drug whether or not an agency relationship exists;(2) “Dispense” means to deliver prescription medication to the ultimate user or research subj…

(a) A pharmacy operating within or outside Arkansas shall not sell, dispense, distribute, deliver, or participate in the sale, dispensing, distribution, or delivery of a prescription-only drug to any consumer in this state through an internet site or by electronic mail unless:(1)…

(1) No pharmacy shall sell, dispense, distribute, deliver, or participate in the sale, dispensing, distribution, or delivery of any prescription-only drug to any consumer in this state if any part of the transaction was conducted through an internet site unless the internet site …

(a) No pharmacy that sells, dispenses, distributes, delivers, prescribes, or participates in the sale, dispensing, or delivery of any prescription-only drug to any consumer in this state, if the consumer submitted the purchase order for the prescription-only drug through an inter…

Any violation of this subchapter is an unconscionable act or practice under § 4-88-107.

(1) 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 pharmaci…

(a) Nothing in this section and § 17-92-101, § 17-92-103, § 17-92-105, § 17-92-205(b), § 17-92-206(b), § 17-92-303, § 17-92-402, § 17-92-404, § 17-92-405, § 17-92-409, § 17-92-410, and § 17-92-411(a) shall prevent the personal administration of drugs and medicines carried and kep…

This section and § 17-92-101, § 17-92-102, § 17-92-105, § 17-92-205(b), § 17-92-206(b), § 17-92-303, § 17-92-402, § 17-92-404, § 17-92-405, § 17-92-409, § 17-92-410, and § 17-92-411(a) shall not be construed to repeal any portion of the pharmacy laws in force before June 12, 1929…

Nothing in this act shall be construed to repeal or anywise interfere with the collection of the privilege taxes now levied, or that may be levied, for state, county, or city purposes on the business of hawking, peddling, or street vending of goods, wares, and merchandise.

(a) Violation of any part of this section and § 17-92-101, § 17-92-102, § 17-92-103, § 17-92-205(b), § 17-92-206(b), § 17-92-303, § 17-92-402, § 17-92-404, § 17-92-405, § 17-92-409, § 17-92-410, and § 17-92-411(a) not otherwise provided for shall be a violation and shall be punis…

The Arkansas State Board of Pharmacy, in its discretion and in addition to various remedies now provided by law, may apply to a court having competent jurisdiction over the parties and subject matter for a writ of injunction to restrain repetitious violations of the pharmacy laws…

(a) (1) All suits for the collection of any fine or penalty prescribed in this act may be instituted in any court having jurisdiction thereof by any citizen of the county wherein the fine or penalty is incurred.(2) It shall be the duty of the prosecuting attorney of the county wh…

(a) The fees charged by the Arkansas State Board of Pharmacy for the various examinations, permits, licenses, certificates, credentials, and books issued by the board shall be as follows:(1) The fee for examination for a license as a licensed pharmacist upon examination shall not…

(1) It is the purpose of this subchapter to:(1) Improve the health of in-need Arkansans through a prescription drug redispensing program that authorizes charitable clinic pharmacies to redispense medicines that would otherwise be destroyed; and(2) Reaffirm the existing broad lati…

(1) As used in this subchapter:(1) “Charitable clinic” means a charitable nonprofit corporation or a facility organized as a not-for-profit corporation under §§ 4-28-201 — 4-28-206 and 4-28-209 — 4-28-224 that:(A) Holds a valid exemption from federal income taxation issued pursua…

(a) The prescription drug redispensing program established by this subchapter shall be a pilot program to determine the efficacy of redispensing prescription drugs to indigent patients. (b) In cooperation with the Department of Health and the Department of Human Services, the Ark…

(a) (1) A charitable clinic may accept for redispensing prescription drugs obtained from a nursing facility by the clinic pharmacy for relabeling and dispensing free of charge and pursuant to a valid prescription order to an indigent patient.(2) The donor patient shall be conside…

Nothing in this subchapter shall restrict the use of samples by a physician or advanced practice nurse during the course of working at a charitable clinic whether or not the clinic has a licensed outpatient pharmacy.

Nothing in this subchapter shall be construed to provide for the resale of prescription drugs by any person or entity.

Nothing in this subchapter applies to any questions of liability arising outside the scope of the prescription drug redispensing program.

Nothing in this act shall be construed to authorize or permit any licensed or registered pharmacist to examine, diagnose, treat, or manage diseases or conditions of the human eye, lid, adnexa, or visual system or to adapt, fill duplicate, modify, prescribe, or sell contact lenses…

A.C.A. § 17-92-112Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) As used in this section:(1) “Exercise of professional responsibilities” includes without limitation a pharmacist's or pharmacy's:(A) Discussing any aspect of a patient's medical condition, treatment alternatives, or plan options with the patient;(B) In good faith communicatin…

The Arkansas State Board of Pharmacy may adopt rules applicable to a pharmacy or a pharmacist licensed in another state that renders services in Arkansas that mirror qualifications, requirements, prerogatives, prohibitions, and limitations imposed by the other state on Arkansas p…

(a) When initiating therapy and administering or dispensing, or both, under a statewide protocol, a pharmacist shall:(1) Notify the primary care provider of the patient of any drug or device furnished to the patient or enter the appropriate information in a patient record system …

(a) The provisions of §§ 17-92-101, 17-92-103, 17-92-105, 17-92-205, 17-92-206, 17-92-303, 17-92-401, 17-92-402, 17-92-404, 17-92-405, 17-92-409, 17-92-410, 17-92-411, and 17-92-902 do not apply to the sale or distribution of dialysate or devices necessary to perform home periton…

(a) As used in this section, “healthcare professional” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession. (b) A pharmacist licensed in the State of…

(1) A pharmacist who tests for conditions under § 17-92-101(18)(A)(x) shall:(1) Hold a license to practice pharmacy in this state;(2) Report a diagnosis or suspected existence of influenza to the Department of Health;(3) Furnish patient records to a healthcare practitioner design…

(a) As used in this section, “home delivery services” means providing medications from a pharmacy licensed in this state to a patient through any means other than the patient picking up the medication at the physical pharmacy location, including shipping, mailing, or delivering i…

(a) A pharmacy, pharmacist, employee of a pharmacy, or entity that owns or controls, is owned or controlled by, or is under ownership or control with an insurance company, health clinic, rural health center, federally qualified health center, pharmacy benefits manager, pharmaceut…

(a) This subchapter shall be known and may be cited as the “Arkansas Pharmacy Audit Bill of Rights”. (b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed-care company, an insurance company, a third-party payor, or any entity that…

(1) As used in this subchapter:(1) (A) “Audit” means a financial audit, performance audit, information technology audit, review, report of agreed-upon procedures, compilation, examination, investigation, prepayment audit, or other report or procedure regarding the practice of pha…

(a) As used in this section, “outsourcing facility of legend drugs and controlled substances” means an entity that is registered as a 503B outsourcing facility with the United States Food and Drug Administration and has a permit with the Arkansas State Board of Pharmacy. (b) (1) …

(a) The Arkansas State Board of Pharmacy shall consist of eight (8) members, appointed by the Governor for terms of six (6) years:(1) Six (6) members shall be experienced pharmacists who have been actively engaged in the practice of pharmacy for the last five (5) years immediatel…

Before entering upon the duties of the office, the members of the Arkansas State Board of Pharmacy shall take the oath prescribed by the Arkansas Constitution for state officers and shall file it in the office of the Secretary of State, who shall thereupon issue to each of the bo…

Members of the Arkansas State Board of Pharmacy may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(a) Immediately after the appointment and qualification of the Arkansas State Board of Pharmacy, the members shall meet and organize as the Arkansas State Board of Pharmacy, by electing from their own number a president and secretary. (b) (1) The board shall hold not fewer than t…

(a) (1) The Arkansas State Board of Pharmacy shall have authority to make reasonable rules, not inconsistent with law, to carry out the purposes and intentions of this chapter and the pharmacy laws of this state that the board deems necessary to preserve and protect the public he…

(a) The Arkansas State Board of Pharmacy shall issue bulletins from time to time, informing pharmacists of important United States public health regulations, service and regulatory announcements of the United States Natural Resources Conservation Service, and decisions of the Uni…

A.C.A. § 17-92-207Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) The Arkansas State Board of Pharmacy may make payment to the Department of Health for services, salaries, and other purposes from the funds received by the board from issuance of licensed pharmacy permits, renewals, or certificates of licensure of licensed pharmacists, examin…

A.C.A. § 17-92-209Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) A person shall not perform any of the acts constituting the practice of pharmacy unless the person is:(1) A licensed pharmacist;(2) A student or graduate of a recognized college of pharmacy serving an internship under an internship program established and regulated by the Ark…

(a) A person shall not fill a prescription, compound medicines, or otherwise perform the function of a licensed pharmacist unless the person is:(1) An Arkansas-licensed pharmacist, except students or graduates of a recognized college of pharmacy serving an internship as provided …

Any person who shall take, use, or exhibit the title of licensed pharmacist, unless it has been regularly conferred upon him or her as set forth in §§ 17-92-306 and 17-92-309, shall be guilty of a violation and upon conviction shall be liable to a penalty of not less than five do…

(a) The Arkansas State Board of Pharmacy shall be fully advised respecting the eligibility and qualifications of all persons whom the Arkansas State Board of Pharmacy admits to the examination and to whom the Arkansas State Board of Pharmacy grants licensure. (b) For this purpose…

(a) Each applicant for examination as a pharmacist shall:(1) Be not less than twenty-one (21) years of age; and(2) Have:(A) Graduated and received the first professional undergraduate degree from a pharmacy degree program which has been approved by the Arkansas State Board of Pha…

Upon application and at such time and place and in such manner as it may determine, the Arkansas State Board of Pharmacy shall examine or provide for examination every person who shall desire to practice pharmacy as described in §§ 17-92-101 and 17-92-402 in the State of Arkansas…