Out-of-state pharmacies shall comply with the following qualifications to be and remain licensed in Arkansas by the Arkansas State Board of Pharmacy:

1. (1)

   1. (A) The pharmacy holds a current license in good standing in the state or states in which it is located.
   2. (B) Each pharmacist dispensing drugs into Arkansas shall be licensed as a pharmacist in Arkansas or in the state where he or she practices if that state has standards of licensure at least equivalent to those of Arkansas;

2. (2)

   1. (A) A pharmacist currently licensed in Arkansas shall be named in the application and shall serve as the:

      1. (i) Pharmacy’s pharmacist-in-charge for the Arkansas permit; and
      2. (ii) Contact person for communications by the board.
   2. (B) Said Arkansas pharmacist shall be an employee of the out-of-state pharmacy who shall be present at the pharmacy’s physical location at least fifty percent (50%) of the number of hours per week the pharmacy is open up to a maximum of twenty (20) hours per week.

   3. (C)

      1. (i) The pharmacist-in-charge for the Arkansas permit need not be the same person as the pharmacist-in-charge of the pharmacy pursuant to the law in the state in which the pharmacy is located.
      2. (ii) That pharmacist will be responsible for receiving and maintaining publications distributed by the board.

      3. (iii) If at any time the pharmacist so designated as the pharmacist-in-charge for the Arkansas permit shall leave that capacity or not be able to serve in that capacity, the pharmacy shall:

         1. (a) (a) Notify the board within ten (10) calendar days; and
         2. (b) (b) Designate another Arkansas-licensed pharmacist to perform this function by written notice to the board within thirty (30) calendar days;

3. (3)

   1. (A) The out-of-state pharmacy shall apply for licensure and renewal on forms provided by the board.

   2. (B) The board may require such information as reasonably necessary to carry out the provisions of Arkansas Code § 17-92-401, including without limitation the name, address, and position of:

      1. (i) Each officer and director of a corporation; or
      2. (ii) The owners if the pharmacy is not a corporation.
   3. (C) Provided, however, the board may grant an exemption from licensing under Arkansas Code § 17-92-401 upon application by any nonresident pharmacy that confines its dispensing activity to isolated transactions.

   4. (D) In determining whether to grant an exemption, the board shall consider:

      1. (i) The number of prescriptions dispensed or reasonably expected to be dispensed into Arkansas;
      2. (ii) The number of patients served or reasonably expected to be served in Arkansas;
      3. (iii) Whether the pharmacy has promoted its services in Arkansas;
      4. (iv) Whether the pharmacy has a contract or contracts with any employer or employers or an organization or organizations to provide pharmacy services to employees or other beneficiaries in Arkansas;
      5. (v) Medical necessity;
      6. (vi) The effect on the health and welfare of persons in Arkansas; and
      7. (vii) Any other relevant matters;

4. (4)

   1. (A) The pharmacy shall pay a biennial license fee as defined in 17 CAR § 160-107.
   2. (B) When there is a change of Arkansas-licensed pharmacist-in-charge, the fee for said change shall be paid as defined in 17 CAR § 160-107.

   3. (C) Final notification to the board of the new Arkansas-licensed pharmacist-in-charge shall be:

      1. (i) On a form furnished by the board; and
      2. (ii) Accompanied by the fee for said change;

5. (5)

   1. (A) The pharmacy shall maintain records of drugs dispensed to Arkansas addresses in such a manner so as to be readily retrievable upon request.
   2. (B) These records shall be made available for inspection by the board or by Arkansas law enforcement authorities;
6. (6) The pharmacy shall timely respond to any request for information from the board or law enforcement authorities;

7. (7)

   1. (A) The pharmacy shall maintain an incoming toll-free telephone number for use by Arkansas customers to be answered by a pharmacist with access to patient records.
   2. (B) This service shall be available a minimum of forty (40) hours a week, six (6) days per week during normal business hours.
   3. (C) This telephone number plus others available for use shall be printed on each container of drugs dispensed into Arkansas.
   4. (D) The toll-free number shall have sufficient extensions to provide reasonable access to incoming callers;

8. (8)

   1. (A) Generic drugs shall be dispensed into Arkansas pursuant to Arkansas Code § 17-92-501 et seq.;
   2. (B) Provided, however, nothing herein shall be construed to mandate that an out-of-state pharmacy comply with Arkansas Code § 17-92-501 et seq., if such compliance would cause the out-of-state pharmacy to violate the generic substitution act of the state wherein the facility of the dispensing out-of-state pharmacy is located;

9. (9)

   1. (A) The facilities and records of the pharmacy shall be subject to inspection by the board.
   2. (B) Provided, however, the board may accept in lieu thereof satisfactory inspection reports by the licensing entity using similar standards of the state where the pharmacy is located;
10. (10) Each out-of-state pharmacy doing business in Arkansas by dispensing and delivering or causing to be delivered prescription drugs to Arkansas consumers shall designate a resident agent in Arkansas for service of process;

11. (11)

    1. (A) Each out-of-state pharmacy doing business in Arkansas shall comply with 17 CAR § 160-2901.
    2. (B) Nothing herein shall be construed to mandate that an out-of-state pharmacy comply with 17 CAR § 160-2901 if such compliance would cause the out-of-state pharmacy to violate law or regulation of the state wherein the facility of the dispensing out-of-state pharmacy is located;

12. (12)

    1. (A) Upon a change of ownership of a pharmacy as set out herein, a new permit shall be secured by the new owner or owners.
    2. (B) The new owner or owners can continue operation of the pharmacy for fourteen (14) days after the effective date of the change of ownership.
    3. (C) After the said fourteen-day period, the permit issued to the prior owner shall be void and same shall be surrendered to the Executive Director of the Arkansas State Board of Pharmacy;

13. (13) A change of ownership of a pharmacy occurs under but is not limited to the following circumstances:

    1. (A) A change of ownership of a pharmacy owned by a sole proprietor is deemed to have occurred when:

       1. (i) The pharmacy is sold and the sale becomes final or the new owner assumes control of the pharmacy, whichever occurs first; or
       2. (ii) The proprietor enters into a partnership with another individual or business entity;

    2. (B) A change of ownership of a pharmacy owned by a partnership is deemed to have occurred when:

       1. (i) There is an addition or deletion of one (1) or more partners in a partnership to which a pharmacy license has been issued; or
       2. (ii) The pharmacy is sold and the sale becomes final or the new owner assumes control of the pharmacy, whichever occurs first; and

    3. (C) A change of ownership of a pharmacy owned by a corporation is deemed to have occurred when:

       1. (i)

          1. (a) (a) An individual or business acquires or disposes of twenty percent (20%) or more of the corporation’s outstanding shares of voting stock.
          2. (b) (b) This shall not apply to any corporation the voting stock of which is actively traded on any securities exchange or in any over-the-counter market;

       2. (ii)

          1. (a) (a) The corporation merges with another business or corporation.
          2. (b) (b) The corporation owning the pharmacy is required to notify the board if a change of ownership or merger occurs within the parent corporation of the corporation that owns the pharmacy;
       3. (iii) The corporation’s charter expires or is forfeited; or
       4. (iv) The pharmacy is sold and the sale becomes final or the new owner assumes control of the pharmacy, whichever occurs first; and
14. (14) The responsibility to ensure compliance with this part rests both with the Arkansas pharmacist-in-charge and with the pharmacy owner if they are not the same.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(10/09/90, Revised 04/10/92, 6/23/96, 8/23/96, 10/12/99, 11/15/2003, 7/16/2006 and 11/6/2008)."