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Arkansas Code Title 17. Professions, Occupations, and Businesses § 17-92-120. New prescription requests and new refill requests from prescriber

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) A pharmacy, pharmacist, employee of a pharmacy, or entity that owns or controls, is owned or controlled by, or is under ownership or control with an insurance company, health clinic, rural health center, federally qualified health center, pharmacy benefits manager, pharmaceutical manufacturer, pharmaceutical wholesaler, or pharmacy benefits manager affiliate shall not request or solicit:

(1) Refill requests for prescription medications from a prescriber for a patient who has not previously filled prescriptions with the pharmacy without express written consent for each individual prescription requested; or

(2) New prescription medications from a prescriber for a patient who has not previously filled prescriptions with the pharmacy without express written consent for each individual prescription requested.

(b)(1) When a physician or other licensed prescriber authorizes or provides new prescriptions or refill medications to a pharmacy that is not physically located in this state or to a pharmacy that utilizes common carriers to deliver medications through the mail for a new patient who has not previously received pharmacist services or prescriptions filled through that pharmacy, that pharmacy shall:

(A) Establish a professional relationship between a pharmacist and the patient by telephone or telemedicine consult;

(B) Obtain express consent to provide pharmacist services before any prescription medication’s being processed, filled, mailed, or delivered to a patient; and

(C) Include communication to the patient about:

(i) The address and physical city and state of the pharmacy;

(ii) The name of the licensed pharmacist who will be providing services;

(iii) The telephone number and website for the pharmacy;

(iv) Expectations for time of delivery of prescription medications; and

(v) Disclosure of any conflicts of interest, including common ownership of the pharmacy by a healthcare insurer, pharmacy benefits manager, medical clinic, federal qualified health center, rural health center, hospital, pharmaceutical wholesaler, or pharmaceutical manufacturer.

(2) If the conditions within subdivision (b)(1) of this section are not met, then the pharmacy and pharmacist shall not fill, bill, dispense, or mail any prescription medications to the patient.

(c) This section does not prohibit:

(1) A physician licensed in this state or any other prescriber licensed in this state from issuing new prescriptions or prescription refills to any licensed pharmacy in this state or out of state that a patient wishes to use; or

(2) A pharmacy licensed in this state or out of this state from requesting prescription transfers from another licensed pharmacy as directed by a patient.

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Cite this article: FindLaw.com - Arkansas Code Title 17. Professions, Occupations, and Businesses § 17-92-120. New prescription requests and new refill requests from prescriber - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-17-professions-occupations-and-businesses/ar-code-sect-17-92-120/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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