(a) Schedule V exempt narcotics. 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) or eight ounces (8 oz.) of any such controlled substance containing opium, nor more than one hundred twenty cubic centimeters (120 cc) or 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 shall contain the:

(i) Name and address of the purchaser;

1. (ii) Name and quantity of the controlled substance purchased;

   1. (iii) Date of each purchase; and

      1. (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
2. (6) A prescription is not required for distribution or dispensing of the substance pursuant to any other federal, state, or local law.

(b) Ephedrine, pseudoephedrine, or phenylpropanolamine.

1. (1) 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. (A) In a single transaction, no more than three (3) packages of one (1) or more products that contain:

      1. (i) Ephedrine, pseudoephedrine, or phenylpropanolamine; or
      2. (ii) Their salts, isomers, or salts of isomers;
   2. (B) 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. (C) In a single transaction, any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, unless:

      1. (i) The product is:

(b) (b) Packaged in a blister pack, each blister containing not more than two (2) dosage units;

1. (ii) When the use of a blister pack is technically infeasible, the product is packaged in a unit dose packet or pouch; or

   1. (iii) 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; or
   2. (D) 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).
2. (2) No more than five grams (5g) of any product containing ephedrine or nine grams (9g) of any product containing pseudoephedrine or phenylpropanolamine may be sold or transferred to a single patient in any thirty-day period.
3. (3) 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.

4. (4) The sale of such products shall:

   1. (A) Be recorded in written or electronic format; and

   2. (B) Document the:

      1. (i) Signature and address of the purchaser, printed name if illegible;
      2. (ii) Name of the product and the quantity of the product purchased;
      3. (iii) Date of the purchase; and
      4. (iv) Signature of the licensed pharmacist or registered technician who issued the controlled substance to the purchaser.

5. (5) All such records shall be maintained for a period of two (2) years from the last date of entry.

   1. (c)

6. (1) 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:

   1. (A) A driver’s license or non-driver’s identification card issued by the Department of Finance and Administration that contains:

      1. (i) A photograph of the person;
      2. (ii) The person’s date of birth; and
      3. (iii) A functioning magnetic stripe or barcode; or

   2. (B) An identification card issued by the Department of Defense to active duty military personnel that contains:

      1. (i) A photograph of the person; and
      2. (ii) The person’s date of birth.

7. (2) In addition to documenting the professional determination required by Arkansas Code § 5-64-1103(c) and (d), a sale of ephedrine, pseudoephedrine, or phenylpropanolamine must also be approved by:

   1. (A) Scanning the license or identification card issued by the Department of Finance and Administration using the magnetic stripe or barcode; or
   2. (B) Entering required information from the identification card issued by the Department of Defense into the real-time electronic logbook.