2019 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 64 - Controlled Substances
Subchapter 3 - Uniform Controlled Substances Act - Regulation of Distribution
§ 5-64-308. Prescriptions - Mandatory Electronic Prescribing.

(a) A prescription for a controlled substance included in Schedule III or Schedule IV shall not be filled or refilled more than six (6) months after the date of the prescription or be refilled more than five (5) times unless renewed by the practitioner.

(b) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose.

(c) Except as provided in subsection (d) of this section, a practitioner shall not issue a prescription for a controlled substance included in Schedule II through Schedule VI unless the prescription is made by electronic prescription from the practitioner issuing the prescription to a pharmacy.

(d) A practitioner may issue a prescription for a controlled substance included in Schedule II through Schedule VI by written, oral, or faxed method if issued:

• (1) By:

  • (A) A veterinarian; or

  • (B) A practitioner:

    • (i) To be dispensed by a pharmacy located outside of the state;

    • (ii) For a controlled substance for which the United States Food and Drug Administration requires the prescription to contain certain elements that are not captured through electronic prescribing methods;

    • (iii) For the dispensing of a nonpatient-specific prescription under a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, or in response to a public health emergency or other circumstances in which the practitioner may issue a nonpatient-specific prescription;

    • (iv) For a controlled substance under a research protocol;

    • (v)

      • (a) Who has received a waiver or a renewal of a waiver for a specified time period from the electronic prescription requirement due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstances demonstrated by the practitioner.

      • (b) A practitioner who has received a waiver from the United States Department of Health and Human Services shall have a valid waiver in this state; or

    • (vi) Under circumstances in which the practitioner reasonably determines that obtaining the controlled substances in a timely manner is impractical through electronic prescription and the delay would adversely impact the medical condition of the patient;

• (2) In circumstances in which electronic prescribing is not available due to temporary technological or electrical failure; or

• (3) When the practitioner and the dispenser are the same entity.

(e)

• (1) A pharmacist or pharmacy that receives a written, oral, or faxed prescription for a controlled substance included in Schedule I through Schedule VI is not required to verify that the prescription properly falls under one (1) of the exceptions listed in subsection (d) of this section.

• (2) A pharmacist may continue to dispense a controlled substance from an otherwise valid written, oral, or faxed prescription that is consistent with state law or rules or federal law and regulations.

(f) In addition to other penalties available under this chapter, a licensing board of a practitioner may impose a civil penalty of two hundred fifty dollars ($250) per violation of this section.

(g) This section does not apply to prescriptions written by a prescriber employed by or working under a professional services contract for the Division of Correction or the Division of Community Correction.