1. (a)

   1. (1) Emergency prescriptions. In the case of an emergency situation, as defined by this rule, a pharmacist may dispense a controlled substance listed in Schedule II upon receiving oral authorization of a prescribing individual practitioner provided that the quantity prescribed and dispensed is limited to the amount adequate to treat the patient during the emergency period, never more than seventy-two (72) hours.
   2. (2) Dispensing beyond the emergency period must be pursuant to a written prescription signed by the prescribing individual practitioner.

   3. (3) For the purposes of authorizing an oral prescription for a controlled substance listed in Schedule II of the List of Controlled Substances, 5 CAR pt. 22, the term “emergency situation” means those situations in which the prescribing practitioner determines that:

      1. (A) Immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user;
      2. (B) No appropriate alternative treatment is available, which includes the administration of a drug that is not a Schedule II; and
      3. (C)

2. (i) It is not reasonably possible for the prescribing practitioner to provide a written prescription to be presented to the pharmacist dispensing the drug prior to the dispensing.

   1. (ii) The prescription shall be immediately reduced to writing by the pharmacist.

      1. (iii) Within seven (7) days after authorizing an emergency oral prescription, the prescribing practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing pharmacist.

         1. (iv) The statement “Authorization for Emergency Dispensing” and the date of the oral order must be on the face of the prescription.
         2. (v) Upon receipt, the dispensing pharmacist shall attach this prescription to the oral emergency prescription which had earlier been reduced to writing.
         3. (vi)
3. (a) (a) The pharmacist shall notify the nearest office of the Drug Enforcement Administration if the prescribing practitioner fails to deliver a written prescription.
4. (b) (b) Failure of the pharmacist to do so shall void the authority conferred by this part to dispense without a written prescription of a prescribing practitioner.
5. (b) Licensees of the Arkansas State Board of Pharmacy may not dispense a quantity of a Schedule II narcotic that exceeds the prescriber’s authority to prescribe.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(Amended 1/1/19 and 5/10/2022)"