1. (a)

   1. (1) Unless expressly provided otherwise in Arkansas State Board of Pharmacy rules, all pharmacies in Arkansas shall:

      1. (A) Be open a minimum of forty (40) hours per week; and
      2. (B) Have on duty an Arkansas-licensed pharmacist-in-charge.

   2. (2) The pharmacist-in-charge shall be on duty in the pharmacy:

      1. (A) A minimum of fifty percent (50%) of the pharmacy hours for pharmacies open sixty-four (64) hours per week or fewer; or
      2. (B) At least thirty-two (32) hours per week for pharmacies open more than sixty-four (64) hours per week.

2. (b)

   1. (1) Upon written application and appearance by the owner of a pharmacy before the board, the board may approve a minimum number of hours fewer than forty (40) per week for the pharmacy to be open to the public when the board determines that the reduced number of hours would not be detrimental to the public health, safety, and welfare.
   2. (2) For pharmacies approved to be open fewer than forty (40) hours per week, the pharmacist-in-charge shall be on duty in the pharmacy a minimum of fifty percent (50%) of the pharmacy hours.

3. (c)

   1. (1) In an emergency situation, the Executive Director of the Arkansas State Board of Pharmacy may determine that the health and welfare of the public might be in peril because of a community’s limited access to pharmaceutical services if a pharmacy would be forced to close if it was required to remain open forty (40) hours per week.
   2. (2) The executive director may approve a retail pharmacy operation for fewer than forty (40) hours per week for a limited period of time but not beyond the date of the next meeting of the board.
   3. (3) Thereafter, the owner of the pharmacy may request an exemption as provided for in subsection (b) of this section.
   4. (4) The executive director must take into consideration the ultimate health and welfare of the patients in the area in making the determination.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(10/09/80, Revised 10/14/81, 6/20/91, and emergency 4/2001, 10/2004)"