(a) As provided in Arkansas Code § 5-64-1101 et seq., unless dispensed under a valid prescription, all sales or transfers of ephedrine, pseudoephedrine, or phenylpropanolamine are subject to the following quantity limits and restrictions:
(1) In a single transaction, no more than three (3) packages of one (1) or more products that contain:
- (A) Ephedrine, pseudoephedrine, or phenylpropanolamine; or
- (B) Their salts, isomers, or salts of isomers;
- (2) In a single transaction, no more than a single package of any product that contains ephedrine, pseudoephedrine, or phenylpropanolamine that contains more than ninety-six (96) pills, tablets, gelcaps, capsules, or other individual units or more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller;
(3) In a single transaction, any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, unless:
- (A) The product is:
(i) Sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base; and
(ii) Packaged in a blister pack, each blister containing not more than two (2) dosage units;
- (B) When the use of a blister pack is technically infeasible, that is packaged in a unit dose packet or pouch; or
- (C) In the case of a liquid, the drug is sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base;
- (4) No product containing ephedrine, pseudoephedrine, or phenylpropanolamine may be sold or transferred to any person under eighteen (18) years of age unless the person is purchasing an exempt product under Arkansas Code § 5-64-1103(b); or
- (5) No more than five grams (5g) of any product containing ephedrine or nine (9) grams of any product containing pseudoephedrine or phenylpropanolamine to a single patient in any thirty-day period.
(b) A pharmacist may not dispense and a pharmacy technician or intern may not sell or transfer ephedrine, pseudoephedrine, or phenylpropanolamine unless the patient has provided either:
(1) A driver's license or nondriver’s identification card issued by the Department of Finance and Administration that contains:
- (A) A photograph of the person;
- (B) The person’s date of birth; and
- (C) A functioning magnetic stripe or bar code; or
(2) An identification card issued by the Department of Defense to active duty military personnel and their dependents that contains:
- (A) A photograph of the person; and
(B) The person’s date of birth.
- (c) In addition to documenting the professional determination required by 17 CAR § 160-2406(a), a sale of ephedrine, pseudoephedrine, or phenylpropanolamine must also be approved by scanning the license or identification card into the real-time electronic logbook using the magnetic stripe or bar code except and unless using a military ID as described in 17 CAR § 160-2408(b)(2), in which case the identification may be manually entered into the real-time electronic logbook.
- (d) A pharmacist, pharmacy, or pharmacy employee must also comply with federal law prohibiting the sale of more than three and six-tenths grams (3.6g) of ephedrine, pseudoephedrine, or phenylpropanolamine to a patient in any twenty-four-hour period.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(Adopted 7/27/2011, Amended 5/31/2014, and 5/10/2022)"