1. (a) A pharmacist-authorized drug is a nonprescription drug that is subject to the same restrictions as are imposed for ephedrine, pseudoephedrine, or phenylpropanolamine under:

   1. (1) Arkansas Code §§ 5-64-1103(c) and (d)(4); and
   2. (2) Arkansas Code § 5-64-1104.

2. (b)

   1. (1) A pharmacist may dispense a Schedule V exempt product or a pharmacist-authorized drug only after making a professional determination that there is a legitimate medical and pharmaceutical need for the product.

   2. (2) A pharmacist must base the decision to dispense on factors relevant to the patient’s medical need and the appropriateness of the requested product, including without limitation:

      1. (A) The patient’s medication filling history as maintained in the pharmacy’s system;
      2. (B) The pharmacist’s personal knowledge of the patient; and/or
      3. (C)

3. (i) The pharmacist’s screening of the patient’s existing medical conditions and physical symptoms as appropriate for the treatment being considered.

   1. (ii) The screening may include a review of the patient’s:
4. (a) (a) Medical history;

5. (b) (b) Disease history;

   1. (c) (c) Prescription history;

      1. (d) (d) Physical symptoms; and

6. (e) (e) Relevant vital signs such as blood pressure.

   1. (iii) All screening performed by the pharmacist must be documented and maintained in the patient’s pharmacy record.

      1. (c)
   2. (1) A pharmacist should not dispense a Schedule V exempt product or pharmacist-authorized drug if the pharmacist is aware of information indicating that the patient is inappropriately self-medicating.

   3. (2)

      1. (A) If the patient does not provide a satisfactory explanation regarding inappropriate self-medicating, the pharmacist must:

         1. (i) Decline to dispense the product; and
         2. (ii) Refer the patient to a physician.
      2. (B) For ephedrine, pseudoephedrine, or phenylpropanolamine products, a pharmacist should question a patient regarding inappropriate self-medicating when records indicate that the patient may be exceeding the maximum recommended daily dose.

      3. (C) For Schedule V exempt narcotics, a pharmacist should question a patient regarding inappropriate self-medicating when records indicate that the patient has been dispensed a Schedule V exempt product:

         1. (i) More than ten (10) days;
         2. (ii) More than twice in a thirty-day period;
         3. (iii) More than four (4) times in two (2) consecutive months; or
         4. (iv) Every month.
         5. (d) The Arkansas State Board of Pharmacy may revoke or suspend a certificate of licensure, license, registration, or permit or may refuse to issue a certificate of licensure, license, registration, or permit to any person or entity that dispenses or sells a Schedule V exempt product or pharmacist-authorized drug in violation of a state or federal pharmacy:
   4. (1) Law;
   5. (2) Rule; or
   6. (3) Regulation.
7. (e) A pharmacist is immune from civil liability for refusing to dispense, sell, transfer, or otherwise furnish a Schedule V exempt product or pharmacist-authorized drug based on a professional determination or a determination of age or identity.

8. (f)

   1. (1) Nothing in this rule shall be interpreted to require that a Schedule V exempt product or pharmacist-authorized drug must be sold upon request.
   2. (2) There shall be no penalty or other disciplinary action taken against a pharmacist who chooses not to sell these products to a patient or individual.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(Adopted 7/27/2011, Amended 5/10/2022)"