§ 17-92-401 — Applicability to out-of-state operations

(a) A pharmacy operating outside the state that routinely ships, mails, or delivers in any manner a dispensed legend drug into Arkansas or otherwise practices pharmacy in Arkansas shall hold a pharmacy license issued by the Arkansas State Board of Pharmacy, and that part of the pharmacy operation dispensing the prescription for an Arkansas resident shall abide by Arkansas law and rules of the board. (b) (1) Any pharmacy operating outside the state that routinely ships, mails, or delivers in any manner a dispensed legend drug into Arkansas shall be required to have on staff in the out-of-state pharmacy an Arkansas-licensed pharmacist, who shall be designated the pharmacist-in-charge for the Arkansas out-of-state pharmacy license. (2) If the out-of-state pharmacy fails to have on staff an Arkansas-licensed pharmacist due to extended illness, death, resignation, or for any other reason, the pharmacy within ten (10) calendar days shall notify the board of the fact and must within thirty (30) calendar days or such additional time at the discretion of the board not to exceed thirty (30) calendar days, either: (A) Secure the services of an Arkansas-licensed pharmacist; or (B) Cease to operate as a pharmacy in the State of Arkansas. (c) An out-of-state pharmacy that ships, mails, or delivers in any manner a dispensed legend drug into Arkansas shall designate an agent who is a resident of Arkansas for service of process and register the agent with the Secretary of State. (d) If under investigation for violation of this chapter, an out-of-state pharmacy shall be required to appear before the board to respond to questions concerning the investigation. (e) The board shall have all the powers to enforce this chapter as are granted to the board under § 17-92-101 et seq.

Legislative History

Amended by Act 2019, No. 315,§ 1584, eff. 7/24/2019. Acts 1983, No. 511, § 8; A.S.A. 1947, § 72-1062; Acts 1999, No. 1486, § 1; 2009, No. 355, § 5.