Foreword
When practicing the art of nearly any profession there is often an inherent price of the privilege to do so. While many only see this as the monetary cost of a business permit or license, the larger consideration should be given to the obligation and responsibility to maintain competency and the requisite knowledge that is needed to engage in that business or professional practice. In both the business and the profession of pharmacy, the study, understanding and knowledge of pharmacy law, rules and regulations is an essential part of this responsibility.
Pharmacists and pharmacies are entrusted with significant responsibilities that carry both clinical and legal implications, where a sound understanding of the laws and regulations governing the profession is necessary to protect patients, uphold professional standards, and maintain public trust. In Arkansas, that framework is established through statutes, rules, and the oversight responsibilities of the Arkansas State Board of Pharmacy.
This handbook has been written to help make that framework more understandable and accessible. While the Board’s rules are necessarily written in formal regulatory language, practitioners often benefit from a resource that explains those requirements in plain terms and connects them to the realities of day-to-day practice. In that respect, this book serves as a useful educational companion for those studying Arkansas pharmacy law and for individuals preparing for licensure in this state.
The authors and contributors bring to this work a perspective shaped by many years of experience in pharmacy practice, legal work, regulatory roles, and service to pharmacy education. Their commitment to helping learners understand not only what the rules say, but why they matter, is evident throughout this text. Readers will find that the material is presented in a practical manner that emphasizes both comprehension and application rather than simple memorization.
Pharmacy law is not static. Laws, rules, and professional expectations evolve over time in response to changes in healthcare delivery, public policy, and patient need. For that reason, readers should always consult current official sources when making legal or practice decisions. Even so, resources such as this can play an important role in helping pharmacists and student pharmacists build the foundational knowledge necessary to navigate the profession responsibly and confidently.
I am pleased to see the development of a text devoted to Arkansas pharmacy law and believe that it will prove beneficial to those seeking a clearer understanding of the legal and regulatory structure governing pharmacy practice in our state.
John Clay Kirtley, PharmD, FAPhA
Director
Arkansas State Board of Pharmacy
Preface
This book examines the Arkansas State Board of Pharmacy Rules, codified in Title 17, Department of Health, Part 160 of the Arkansas Code of Rules. These regulations establish the administrative framework governing the practice of pharmacy in Arkansas, including the licensure, duties, and professional conduct of pharmacists, interns, and technicians; operational requirements for retail, institutional, and specialty pharmacies; standards for drug distribution and compounding; disciplinary and enforcement procedures; and related matters falling within the Board’s jurisdiction.
Written as a practical companion for pharmacy law students enrolled in Arkansas pharmacy law coursework and for pharmacists seeking Arkansas licensure by reciprocity, this handbook is also intentionally aligned with areas of focus of the Arkansas State Board of Pharmacy Jurisprudence Examination. It is designed to serve as a practical study guide and interpretive aid, emphasizing rules and concepts that are frequently applied in professional practice and commonly tested on the jurisprudence examination.
Although the Arkansas State Board of Pharmacy Rules are written in formal regulatory language, this handbook presents the material in plain English. Its purpose is to translate regulatory requirements into a more accessible, review-friendly format without sacrificing accuracy. By reducing unnecessary legalese and emphasizing practical interpretation, this volume is intended to help readers understand not only what the rules say, but what they mean in day-to-day pharmacy practice.
Because Part 160 contains numerous subparts and detailed provisions, this handbook focuses on selected regulations deemed most relevant to preparation for the Arkansas State Board of Pharmacy Jurisprudence Examination. Accordingly, this handbook is not intended to provide a comprehensive review of every rule contained in Part 160 or related Arkansas pharmacy laws.
Organized by regulatory subpart, from Subpart 1 (General Operations) through Subpart 32 (Automation and Robotic Pharmacy Systems), this volume provides a structured review of each included rule with explanatory commentary, context, and practical application. Additional chapters are also included to address special topics of importance in Arkansas pharmacy law.
This handbook addresses the administrative regulations promulgated by the Arkansas State Board of Pharmacy, not the statutory provisions of the Arkansas Pharmacy Practice Act, which is codified separately in Title 17, Subtitle 3, Chapter 92 of the Arkansas Code Annotated. The Pharmacy Practice Act serves as the enabling legislation that grants the Board its regulatory authority, while the rules contained in Part 160 set forth the more specific requirements and procedures that implement that authority.
This handbook does review Arkansas-specific controlled substance regulations contained within Part 160; however, it does not attempt to provide a comprehensive treatment of federal controlled substance law under the Controlled Substances Act. Candidates should be aware that the Arkansas State Board of Pharmacy Jurisprudence Examination addresses federal controlled substance requirements in significant detail, including registration, recordkeeping, ordering, security, and prescribing standards. For a comprehensive plain-English review of federal controlled substance law applicable to pharmacists, readers are strongly encouraged to consult the DEA Pharmacist’s Manual published by the United States Drug Enforcement Administration.
Table of Contents
- Definitionsviii
- Abbreviationsxv
- Chapter 1 — Board Operations1
- Chapter 2 — Pharmacists4
- Chapter 3 — Pharmacy Technicians9
- Chapter 4 — Pharmacies12
- Chapter 5 — Long-Term Care and Emergency Kits29
- Chapter 6 — Drug Products and Prescriptions34
- Chapter 7 — Prescribers44
- Chapter 8 — Pharmaceutical Care and Patient Counseling49
- Chapter 9 — Controlled Substances53
- Chapter 10 — Prescription Drug Monitoring Program64
- Chapter 11 — Arkansas Pharmacy Support Group68
- Chapter 12 — Wholesale Distribution72
- Chapter 13 — Automation75
- Chapter 14 — Criminal Background Check, Unprofessional or Dishonorable Conduct, and Disciplinary Procedures76
List of Tables
- Table 1-1 — Registration Renewal Periods1
- Table 1-2 — Arkansas State Board of Pharmacy Fees3
- Table 2-1 — Continuing Education Requirements and Compliance8
- Table 3-1 — High-Risk Board Enforcement Areas for Pharmacy Technicians11
- Table 4-1 — PIC Minimum On-Duty Hours Requirement13
- Table 4-2 — Emergency Kit Drug Categories and Limits25
- Table 4-3 — Charitable Clinic Pharmacy Donated Rx Drugs Requirements28
- Table 5-1 — Emergency Kit Drug Categories (LTC, Hospice, Crisis Units)32
- Table 5-2 — Emergency Kit Drug Categories (Substance Abuse Center)33
- Table 7-1 — Arkansas Prescriber Authority48
- Table 9-1 — Schedule II Controlled Substances60
- Table 9-2 — Schedule III Controlled Substances61
- Table 9-3 — Schedule IV Controlled Substances62
- Table 9-4 — Schedule V Controlled Substances63
- Table 14-1 — Unprofessional Misconduct and Board Actions79
- Table 14-2 — Disciplinary Actions for Preceptors and/or Interns80
- Table 14-3 — Emergency Suspension Actions82