Title 17 — Professions, Occupations, and Businesses

(1) The State Board of Optometry shall have the following powers in addition to those conferred elsewhere within this chapter:(1) To make rules for the administration and enforcement of this chapter;(2) To revoke, suspend, or refuse to renew any certificate of license in the mann…

(a) All renewal fees and all examination and application fees shall be used by the State Board of Optometry to pay its expenses in administering this chapter. (b) (1) All moneys received by the board shall be disbursed by the Secretary-treasurer of the State Board of Optometry, w…

(a) The State Board of Optometry shall require every optometrist who meets the requirements for certification to perform authorized laser procedures to report to the board regarding the outcome of the procedures performed in a format as required or directed by the board. (b) Repo…

(a) No person except those already licensed by the State Board of Optometry shall practice optometry until he or she has:(1) Successfully passed all examinations as the State Board of Optometry may require in the rules of the State Board of Optometry, to include, but not be limit…

(a) Any person from another state desiring to engage in the practice of optometry in this state may be issued licensure by endorsement at the sole discretion of the State Board of Optometry upon satisfactory proof that he or she:(1) Is qualified under this chapter;(2) Has been is…

(a) Any optometrist practicing in any county in this state shall display his or her license in a conspicuous place in his or her office. (b) Any optometrist practicing away from his or her office shall deliver to each person obtaining services from the optometrist a statement dat…

(a) (1) Except as provided in subdivision (a)(2) of this section, a registered optometrist shall pay annually a reasonable sum, to be fixed by the State Board of Optometry, to the Secretary-treasurer of the State Board of Optometry as a license renewal fee on or before February 1…

(a) The State Board of Optometry shall have the power to revoke, suspend, place a license on probation for such time as the board shall order and under such conditions as the board may impose, to ensure the health and safety of the citizens of Arkansas, impose a fine of up to one…

(a) No certificate of license shall be rejected for renewal, suspended, or revoked for any cause, unless the person accused has been given at least thirty (30) days' notice in writing setting forth the nature of the charges against him or her. (b) The accused person must also be …

(1) The State Board of Optometry shall have the following rights and responsibilities:(1) To enforce, amend, or repeal the rules promulgated by the board;(2) (A) To approve those optometrists who shall be authorized to possess, administer, and prescribe those drugs approved by th…

(a) Reasonable standards applicable only to those optometrists who are authorized to use drugs for referral of eye patients with eye pathology discoverable by the use of drugs shall be promulgated only if the State Board of Optometry finds that the standards are required to prote…

(a) A person may possess, administer, and prescribe pharmaceutical agents for the diagnosis or treatment of conditions involving only the eye, lids, or adnexa if the person:(1) Is engaged in the practice of optometry as defined in § 17-90-101;(2) Has the education and professiona…

A.C.A. § 17-90-404Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

This subchapter shall be known as the “Impaired Optometrist Treatment Program”.

The purpose of this subchapter is to provide for the identification and treatment of optometrists licensed under the Arkansas Optometry Law, § 17-90-101 et seq., who suffer from impairment, in order to promote the public health and safety and to ensure the continued availability …

(1) As used in this subchapter:(1) “Impaired” or “impairment” means the presence of the diseases of alcoholism, drug abuse, or mental illness;(2) “Impaired Optometrist Treatment program” means the State Board of Optometry-approved or sponsored program for the detection, intervent…

(1) The State Board of Optometry may undertake the functions and responsibilities to carry out the purposes of this subchapter, which may include any of the following:(1) Contracting with providers of treatment programs;(2) Receiving and evaluating reports of suspected impairment…

(1) The State Board of Optometry shall develop procedures for:(1) Informing each participant in the Impaired Optometric Treatment program of the program procedures, responsibilities of program participants, and the possible consequences of noncompliance with the program; and(2) V…

(a) If the State Board of Optometry has reason to believe that an optometrist is impaired, the board may cause an evaluation of the optometrist to be conducted for the purpose of determining if there is an impairment. (b) If the board finds after examination and hearing that a li…

(a) An impaired optometrist may request in writing to the State Board of Optometry a restriction of his or her license to practice. (b) The board may grant such a request for restriction and shall have the authority to attach conditions to the licensure of the optometrist to prac…

(a) (1) Notwithstanding any provision of state law, records of the State Board of Optometry pertaining to an impaired optometrist shall be exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., shall be kept confidential and shall not be subject to discovery or …

An impaired optometrist who is participating in or has successfully completed a treatment program pursuant to this subchapter shall not be limited or restricted in his or her professional practice or excluded from any hospital staff solely because of such participation.

(a) Notwithstanding any other provisions of law, the State Board of Optometry and committees and members thereof shall not be held liable in damages to any person within the scope of their responsibilities pursuant to this subchapter. (b) No person who in good faith and without m…

(a) The Arkansas State Medical Board shall accept for licensure by examination any person who:(1) Is at least twenty-one (21) years of age;(2) Is a citizen or a legal resident of the United States;(3) Has not been found guilty of acts constituting unprofessional conduct as define…

(a) The examination given to the applicants shall be:(1) The same examination given to all other applicants for medical licensure;(2) Given at the same time and place as the examination given to the other applicants; and(3) Graded as all other examinations. (1) The same examinati…

(a) The license issued to a person meeting the qualifications set out in this chapter and successfully passing the examination shall be the same license to practice medicine and surgery in the State of Arkansas as is regularly issued by the Arkansas State Medical Board and shall …

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