- (a) 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.
(b) This section does not apply to:
- (1) Licensed physicians who were dispensing in the ordinary course of his or her practice before April 12, 2013, who shall be exempt from the licensing requirements of this section;
- (2) Physicians who only dispense drugs in injectable form unless they are controlled substances, in which case this section shall apply fully; or
(3)
- (A) 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.
- (B) Acute care medications include the following oral medications:
(i) To treat infections;
(ii) Anti-inflammatory medications;
(iii) Anti-nausea medications;
- (iv) Antihistamines; and
- (v) Cough medications.
(C) “Initial treatment for maintenance medication” means a legend drug that is:
- (i) Not a controlled substance;
- (ii) Prescribed for no more than thirty (30) days; and
- (iii) Used to treat hypertension, diabetes mellitus, or hypercholesterolemia.
- (c)
- (1) A “dispensing physician” is a physician licensed under the Arkansas Medical Practices Act, Arkansas Code § 17-95-201 et seq., Arkansas Code § 17-95-301 et seq., and Arkansas Code § 17-95-401 et seq., who purchases legend drugs to be dispensed to his or her patients for the patients’ personal use and administration outside the physician’s office.
(2) 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 Drug Enforcement Administration, 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 board and at its direction during all regular business hours.