RULE 070.00.90-002 - Regulation 41 (amended)

RULE 070.00.90-002. Regulation 41 (amended)

Amendment to Regulation 41

41. out of state pharmacies shall comply with the following qualifications to be and remain licensed in Arkansas by the Board:

1-2. * * *

3. The out-of-state pharmacy shall apply for licensure and renewal on forms approved by the Board. The Board may require such information as reasonably necessary to carry out the provisions of A. C.

A. § 17-91-401, including, without limitation, the name, address and position of each officer and director of a corporation or of the owners if the pharmacy is not a corporation.

Provided, however, the Board may grant an exemption from licensing under A.C.A. § 17-91-401 upon application by any non-resident pharmacy which confines its dispensing activity to isolated transactions. In determining whether to grant an exemption, the Board shall consider:

(a) The number of prescriptions dispensed or reasonably expected to be dispensed into Arkansas.

(b) The number of patients served or reasonably expected to be served in Arkansas.

(c) Whether the pharmacy has promoted its services in Arkansas.

(d) Whether the pharmacy has a contract(s) with any employer (s) or organization(s) to provide pharmacy services to employees or other beneficiaries in Arkansas.

(e) Medical necessity.

(f) The effect on the health and welfare of persons in Arkansas.

(g) Any other relevant matters.

4-7. * * *

8. Generic drugs shall be dispensed into Arkansas pursuant to the Arkansas Generic Substitution Act; provided, however, nothing herein shall be construed to mandate that an out-of-state pharmacy comply with the Arkansas Generic Substitution Act if such compliance would cause the out-of-state pharmacy to violate the generic substitution act of the state wherein the facility of the dispensing out-of-state pharmacy is located.

(10/19/1990)

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