Arkansas Administrative Code
Agency 239 - Department of Health
Division 02 - State Medical Board
Rule 239.02.22-001 - Rule 12 - Dispensing
Universal Citation: AR Admin Rules 239.02.22-001
Current through Register Vol. 49, No. 9, September, 2024
SECTON I: APPROVAL TO DISPENSE: LEGEND DRUGS
1. Any physician desiring to dispense legend
drugs shall apply to the Arkansas State Medical Board on a form provided for
that purpose and shall be required to demonstrate the need for such dispensing
of legend drugs prior to receiving approval.
2. This section does not apply to;
a. Licensed physicians who were dispensing in
the ordinary course of his/her practice before April 12, 2013 shall be exempt
from the licensing requirements of this section.
b. Physicians who only dispense drugs in
injectable form unless they are controlled substances, in which case this
section shall apply fully.
c.
Physicians dispensing topical medication. Naloxone, nicotine replacement
therapy, contraceptives, acute care medication that is a legend but not a
controlled substance prescribed for no more than fourteen (14) days, and
initial treatment for maintenance medication.
i. Acute care medication includes the
following oral medications:
1. To treat
infections;
2. Anti-inflammatory
medications;
3. Antinausea
medications;
4. Antihistamines;
and
5. Cough medications.
ii. Initial treatment for
maintenance medication means a legend drug that:
1. Is not a controlled substance;
2. Is prescribed for no more than thirty (30)
days;
3. And is used to treat
hypertension, diabetes mellitus, or hypercholesterolemia.
3. A "dispensing
physician" is a physician licensed under the Arkansas Medical Practices Act who
purchases legend drugs to be dispensed to his/her patients for the patients'
personal use and administration outside the physician's office. A dispensing
physician shall:
a. Personally dispense legend
drugs, and the dispensing of legend drugs may be delegated;
b. Keep records of all receipts and
distributions of legend drugs;
c.
Label drugs with the following information:
i.
Patient's name and address;
ii.
Prescribing physician's address, narcotic registry number issued by the U.S.
DEA, or national provider identification number;
iii. Date of dispensing; and
iv. Directions and cautionary statements, if
any, required by law; and
d. Make all records readily accessible for
inspection by a designated inspector of the Arkansas State Medical Board and at
its direction during all regular business hours.
SECTION II: DISPENSING REQUIREMENTS
1. All records maintained
by a dispensing physician shall be subject to inspection by a designated
inspector of the Arkansas State Medical Board and at its direction during all
regular business hours.
2. Any
dispensing physician or delegated individual participating in the preparation
of orders or dispensing of prescriptions or any dispensing physician who is
responsible for supervising personnel participating in the preparation of
orders or dispensing of prescriptions is responsible for the validity and
legality of the order or prescription.
(a) Any
dispensing physician who is responsible for supervising personnel is also
responsible for any shortage of drugs classified as controlled drugs under
state or federal law which occurs under their his/her supervision.
(b) The dispensing physician is responsible
for the security and accountability of all drugs stored and is responsible for
the validity and legality of all prescriptions or orders upon which drugs are
dispensed. The dispensing physician is responsible for ensuring that delegated
staff has been appropriately trained to follow all policies and
procedures.
3. An
inventory is to be maintained, monitored, and recorded jointly by the
dispensing physician and delegated employees.
History: Adopted June 16. 1983, Amended Act 503 of 2021
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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