A controlled substance listed in Schedule V that is not a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., may be dispensed by a pharmacist without a prescription to a purchaser at retail, provided that:

1. (1) Such dispensing is made only by a pharmacist and not by a nonpharmacist employee even if under the supervision of a pharmacist, although after the pharmacist has fulfilled his or her professional and legal responsibilities set forth in this section, the actual cash or credit transaction, or delivery may be completed by a nonpharmacist;
2. (2) Not more than two hundred forty cubic centimeters (240 cc) (eight ounces (8 oz.)) of any such controlled substance containing opium, nor more than one hundred twenty cubic centimeters (120 cc) (four ounces (4 oz.)) of any other such controlled substance nor more than forty-eight (48) dosage units of any such controlled substance containing opium, nor more than twenty-four (24) dosage units of any other such controlled substance may be dispensed at retail to the same purchaser in any given forty-eight-hour period;
3. (3) The purchaser is at least eighteen (18) years of age;
4. (4) The pharmacist requires every purchaser of a controlled substance under this section not known to him or her to furnish suitable identification, including proof of age where appropriate;

5. (5)

   1. (A) A bound record book for dispensing of controlled substances under this section is maintained by the pharmacist, which book shall contain the:

      1. (i) Name and address of the purchaser;
      2. (ii) Name and quantity of controlled substance purchased;
      3. (iii) Date of each purchase; and
      4. (iv) Name or initials of the pharmacist who dispensed the substance to the purchaser.
   2. (B) The book shall be maintained in accordance with the recordkeeping requirement of 21 C.F.R. § 1304.04; and
6. (6) A prescription is not required for distribution or dispensing of the substance pursuant to any other federal, state, or local law.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(6/07/90 Amended 7/27/2011)"