Alcohol and Drug Abuse

Ark. Code Ann. tit. 20, ch. 64

in effect

Ark. Code Ann. § 20-64-101 Use and possession of narcotic drugs by certain institutions and druggists.

It shall be lawful for eleemosynary institutions, sanatoriums, hospitals, and wholesale druggists having licensed pharmacists in their employ to possess, use, compound, and sell narcotic drugs pursuant to the Federal Narcotic Act and the rules and regulations thereto appertaining.

Ark. Code Ann. § 20-64-102 Narcotic drugs in safe, locked receptacle.

(a) Any apothecary who is authorized to posses narcotic drugs as defined by the Uniform Narcotic Drug Act, § 20-64-201 et seq., shall keep the narcotic drugs in a safe, or other receptacle equipped with a lock, sufficient to secure the narcotic drugs against theft. (b) Any person who violates this section shall be punished as provided by § 20-64-220.

Ark. Code Ann. § 20-64-104 Service of search warrant.

A search warrant relating to offenses involving drugs regulated under the Uniform Narcotic Drug Act, § 20-64-201 et seq., and the Arkansas Drug Abuse Control Act, § 20-64-301 et seq., may be served at any time of the day or night if the judge of the district or circuit court issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at that time.

Ark. Code Ann. § 20-64-105 Pharmaceutical manufacturer limited distribution of medication — Legislative findings — Definitions.

(a) The General Assembly finds that: (1) It is beneficial to this state to support patient access to prescription drugs and pharmacy services in a market that ensures that patients can access safe and effective prescription medications with same day access, as well as patient freedom of choice to utilize local trusted medication experts and state-based local pharmacists who support patients with advice and guidance for safe and effective use of these medications; (2) It may cause harm to patients in this state when local pharmacies, clinics, and hospitals are unable to access prescription medications from pharmaceutical manufacturers or pharmaceutical wholesalers due to out-of-state limited distribution to pharmacies utilizing: (A) Pharmacy benefits manager-affiliated mail order pharmacies; (B) Publicly traded corporation pharmacies; (C) Pharmaceutical manufacturer-affiliated mail order pharmacies; (D) Insurance company-affiliated mail order pharmacies; or (E) Pharmaceutical wholesaler-affiliated mail order pharmacies; (3) The reasons for the limited distribution networks by pharmaceutical manufacturers are not often disclosed or may not operate with optimal patient safety and same day patient access in mind; (4) The supply chain that brings prescription medications from the pharmaceutical manufacturer to the pharmacy is often complex and lacks transparency; and (5) Having more transparency and oversight concerning limited distribution medications would: (A) Protect patients with better and more stable prescription drug inventory for both immediate and long-term patient care needs; and (B) Better respond to future national security threats and natural disasters in this state. (b) As used in this section: (1) “Pharmaceutical manufacturer” means a business or entity that makes, processes, or packages prescription drugs, over-the-counter medications, or medical devices to sell in pharmacies or other healthcare facilities, including any activities that manipulate, test, or control the product or process; (2) "Pharmaceutical manufacturer for Medicaid" means an entity or business that is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug that is eligible in the Medicaid Drug Rebate Program or agrees to participate in the Medicaid Drug Rebate Program to pay a rebate to states for prescription drugs covered by the Arkansas Medicaid Program; and (3) "State government and public plan sponsor" means an employer sponsor of a health benefit plan for employees that is established or maintained by: (A) The Arkansas Municipal League; (B) A public two-year or four-year institution of higher education, including a community college or technical college; (C) The Division of Arkansas State Police; (D) A municipality; (E) A county; or (F) Any other plan or program that is funded by a state appropriation to furnish, cover the cost of, or otherwise provide for pharmacist services to an individual who resides in or is employed in this state. (c)(1) A pharmaceutical manufacturer or a pharmaceutical manufacturer for Medicaid that expects for their prescription medications to be eligible, considered for payment, and covered in a state government and public plan sponsor for health benefit plans: (A) Shall have an active wholesale distributor permit active and in good standing with the Arkansas State Board of Pharmacy under § 20-64-505; and (B) Shall not restrict or limit prescription medications more than three (3) months after a launch of a new product to a limited distribution network of pharmacies without having similar access and allowing for upon request or application by pharmacy at least: (i) A local network of public institution academic medical center access; (ii) Geographic diversity of access within the state; (iii) Diverse access for local for-profit and nonprofit pharmacies in good standing with the board and that have experience or accreditation in managing expensive specialty or limited distribution medications; and (iv) The pharmacy meeting medication specific United States Food and Drug Administration guidance or requirements for: (a) Proper and safe storage, handling, monitoring, and drug delivery; (b) Patient or medication data collection, monitoring, or reporting; and (c) Patient management services. (2) Subdivision (c)(1) of this section does not apply to the State and Public School Life and Health Insurance Program. (d)(1)(A) A pharmaceutical manufacturer or a pharmaceutical manufacturer for Medicaid that requests for restricted networks for six (6) months or longer shall present the request to the board to explain how the restriction will support and not hinder the mission of the board to promote, preserve, and protect the public health, safety, and welfare of citizens of this state. (B) The request under subdivision (d)(1)(A) of this section shall not be effective until the request is approved by the board. (2)(A) When considering the request under subdivision (d)(1)(A) of this section, the board may consider the following factors for a request of a limited network: (i) Costs; (ii) Logistics; (iii) Patient caseload; (iv) The rarity of the prescription drug that is used; (v) The rarity of the disease or condition; and (vi) Any other factors unique or relevant to the medication and disease or condition treated. (B) The limited network shall allow some pharmacies in this state, upon request or application, to participate and access the medications to meet the needs of patients with same day access in this state without requiring patients to use out-of-state or in-state common mail carriers for access. (3) The board may issue a temporary waiver or temporary limited use allowance for utilization, payment, or coverage of prescription drugs from a pharmaceutical manufacturer or a pharmaceutical manufacturer for Medicaid for coverage and payment for a state government and public plan sponsor for a health benefit plan to protect public health and access. (4) A public hearing of the board shall be called as soon as possible to discuss and approve or deny any request for a permanent limited network or restriction relating to state-based Class A pharmacies with retail permits in good standing with the board. (e) A state government and public plan sponsor for a health benefit plan shall not pay for prescription drugs from a pharmaceutical manufacturer or a pharmaceutical manufacturer for Medicaid who is noncompliant with this section unless the board has granted a temporary waiver or temporary allowance to protect public health and access. (f) If a pharmaceutical manufacturer or a pharmaceutical manufacturer for Medicaid is not in compliance with this section, the board shall fine the pharmaceutical manufacturer or a pharmaceutical manufacturer for Medicaid ten thousand dollars ($10,000) per day of noncompliance.

Ark. Code Ann. § 20-64-201 Definitions.

The following words and phrases, as used in this subchapter, shall have the following meanings, unless the context otherwise requires: (1) “Apothecary” means a licensed pharmacist as defined by the laws of this state and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this subchapter shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of this state; (2) “Dentist” means a person authorized by law to practice dentistry in this state; (3) “Dispense” includes distribute, leave with, give away, dispose of, or deliver; (4) “Federal narcotic laws” means the laws of the United States relating to opium, coca leaves, and other narcotic drugs; (5) “Hospital” means an institution for the care and treatment of the sick and injured, approved by the Director of the Department of Health as proper to be entrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian; (6) “Laboratory” means a laboratory approved by the Director of the Department of Health as proper to be entrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction; (7) “Manufacturer” means a person who, by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescriptions; (8)(A) “Narcotic drug” means any drug which is defined as a narcotic drug by order of the Director of the Department of Health. In the formulation of definitions of narcotic drugs, the Director of the Department of Health is directed to include all drugs which he finds are narcotic in character and by reason thereof are dangerous to the public health or are promotive of addiction-forming or addiction-sustaining results upon the user which threaten harm to the public health, safety, or morals. In formulating these definitions, the Director of the Department of Health shall take into consideration the provisions of the federal narcotic laws as they exist, from time to time, and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (8)(A), and under the policy of this subchapter. (B) “Narcotic drug” also means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. This term does not include the isoquinoline alkaloids of opium; (ii) Poppy straw and concentrate of poppy straw; (iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers; (v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; (vi) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions (8)(B)(i)-(v) of this section; (9)(A) “Official written order” means an order written on a form provided for that purpose by the United States Administrator of Drug Enforcement under the laws of the United States making provision therefor, if order forms are authorized and required by federal law and, if an order form is not provided, then on an official form provided for that purpose by the Secretary of the Department of Health. (B) When permitted by federal law, an official written order may also be written and submitted electronically; (10) “Person” includes any corporation, association, copartnership, or one (1) or more individuals; (11) “Physician” means a person authorized by law to practice medicine in this state and any other person authorized by law to treat sick and injured human beings in this state and to use narcotic drugs in connection with such treatment; (12) “Registry number” means the number assigned to each person registered under the federal narcotic laws; (13) “Sale” includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee; (14) “Veterinarian” means a person authorized by law to practice veterinary medicine in this state; (15) “Wholesaler” means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions; and (16) “Written prescription” means a prescription that is presented to an apothecary in compliance with federal law and regulations, including a written, oral, faxed, or electronic prescription.

Ark. Code Ann. § 20-64-202 Acts prohibited.

It shall be unlawful for any person to manufacture, purchase, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this subchapter.

Ark. Code Ann. § 20-64-203 Manufacturers and wholesalers.

No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the Secretary of the Department of Health.

Ark. Code Ann. § 20-64-204 Qualification for licenses.

No license shall be issued under § 20-64-203 unless and until the applicant therefor has furnished proof satisfactory to the Secretary of the Department of Health: (a) That the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character; (b) That the applicant is equipped as to land, buildings, and paraphernalia properly to carry on the business described in his application. No license shall be granted to any person who has within five (5) years been convicted of a willful violation of any law of the United States, or of any state, relating to opium, coca leaves, or other narcotic drugs, or to any person who is a narcotic drug addict. The secretary may suspend or revoke any license for cause.

Ark. Code Ann. § 20-64-205 Sale on written orders.

(1) A duly licensed manufacturer or wholesaler may sell and dispense narcotic drugs to any of the following persons, but only on official written orders: (a) To a manufacturer, wholesaler, or apothecary; (b) To a physician, dentist, or veterinarian; (c) To a person in charge of a hospital, but only for use by or in that hospital; (d) To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes. (2) A duly licensed manufacturer or wholesaler may sell narcotic drugs to any of the following persons: (a) On a special written order accompanied by a certificate of exemption, as required by the federal narcotic laws, to a person in the employ of the United States Government or of any state, territorial, district, county, municipal, or insular government, purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties; (b) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or to a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his or her profession, or to a retired commissioned medical officer of the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, the United States Space Force, the United States Coast Guard, or the United States Public Health Service employed upon such ship or aircraft, for the actual medical needs of persons on board of such ship or aircraft, when not in port. Provided: Such narcotic drugs shall be sold to the master of such ship or person in charge of such aircraft or to a physician, surgeon, or retired commissioned medical officer of the United States Army, the United States Navy, the United States Air Force, the United States Coast Guard, or the United States Public Health Service employed upon such ship or aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the United States Public Health Service; (c) To a person in a foreign country if the provisions of the federal narcotic laws are complied with. (3) Use of Official Written Orders. An official written order for any narcotic drug shall be signed in quadruplicate by the person giving said order or his duly authorized agent. The original shall be presented to the person who sells or dispenses the narcotic drug or drugs named therein, and one (1) copy shall be sent to the Secretary of the Department of Health not later than the 10th of the month following the month during which the order was made. In event of the acceptance of such order by said person, each party to the transaction shall preserve his copy of such order for a period of two (2) years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this subchapter. It shall be deemed a compliance with this subsection if the parties to the transaction have complied with the federal narcotic laws, respecting the requirements governing the use of order forms, and the purchaser has sent a signed copy of the order to the secretary as aforesaid. (4) Possession Lawful. Possession of or control of narcotic drugs obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor. (5) A person in charge of a hospital or of a laboratory, or in the employ of this state or of any other state, or of any political subdivisions thereof, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his or her profession, or a retired commissioned medical officer of the United States Army, the United States Navy, the United States Air Force, the United States Coast Guard, or the United States Public Health Service employed upon such ship or aircraft who obtains narcotic drugs under the provisions of this section or otherwise, shall not administer nor dispense nor otherwise use such drugs, within this state, except within the scope of his or her employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this subchapter.

Ark. Code Ann. § 20-64-206 Sales by apothecaries.

(1) An apothecary, in good faith, may sell and dispense narcotic drugs to any person upon a written prescription or an oral prescription in pursuance to rules, promulgated by the Secretary of the Department of Health under authority of § 20-64-219, of a physician, dentist, or veterinarian, dated and signed by the person prescribing on the day when issued and bearing the full name and address of the patient for whom, or the owner of the animal for which, the drug is dispensed, and the full name, address, and registry number under the federal narcotic laws of the person prescribing. If the prescription is for an animal, it shall state the species of animal for which the drug is prescribed. The person filling the prescription shall write the date of filling and his own signature on the face of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two (2) years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this subchapter. The prescription must not be refilled. (2) The legal owner of any stock of narcotic drugs in a pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or apothecary, but only on an official written order. (3) An apothecary, only upon an offical written order, may sell to a physician, dentist, or veterinarian, in quantities not exceeding one (1) ounce at any one time, aqueous or oleaginous solutions of which the content of narcotic drugs does not exceed a proportion greater than twenty percent (20%) of the complete solution, to be used for medical purposes.

Ark. Code Ann. § 20-64-207 Professional use of narcotic drugs.

(1) Physicians and Dentists. A physician or a dentist, in good faith and in the course of his professional practice only, may prescribe, administer, and dispense narcotic drugs, or he may cause the same to be administered by a nurse or intern under his direction and supervision. (2) Veterinarians. A veterinarian, in good faith and in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision. (3) Return of Unused Drugs. Any person who has obtained from a physician, dentist, or veterinarian any narcotic drug for administration to a patient during the absence of such physician, dentist, or veterinarian, shall return to such physician, dentist, or veterinarian any unused portion of such drug, when it is no longer required by the patient.

Ark. Code Ann. § 20-64-208 Preparations exempted.

(a) Except as otherwise in this subchapter specifically provided, this subchapter shall not apply to the following cases: (1) Administering, dispensing, or selling at retail any drug subject to this subchapter under any circumstances that the Secretary of the Department of Health determines, after reasonable notice and opportunity for hearing, not to be dangerous to the public health, or promotive of addiction-forming or addiction-sustaining results upon the user, or harmful to the public health, safety, or morals, and by order so proclaims. In arriving at his determination, the Secretary of the Department of Health shall consult with the United States Drug Enforcement Administration and give due weight to its investigations and determinations; (2) Administering, dispensing, or selling at retail any medicinal preparation that contains in one (1) fluid ounce, or if a solid or semisolid preparation, in one (1) avoirdupois ounce, not more than one (1) grain of codeine or of any of its salts. The exemptions authorized by this subdivision (a)(2) are subject to the following conditions: (A) That the medicinal preparation administered, dispensed, or sold contains, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone; and (B) That the preparation is administered, dispensed, purchased, and sold in good faith as a medicine and not for the purpose of evading the provisions of this subchapter. (b) Nothing in this section shall limit the quantity of codeine or of any of its salts that may be prescribed, administered, dispensed, or sold to any person or for the use of any person or animal, when it is prescribed, administered, dispensed, or sold, in compliance with the general provisions of this subchapter.

Ark. Code Ann. § 20-64-209 Records to be kept.

(1) Physicians, Dentists, Veterinarians, and Other Authorized Persons. Every physician, dentist, veterinarian, or other person who is authorized to administer or professionally use narcotic drugs shall keep a record of such drugs received by him, and a record of all such drugs administered, dispensed, or professionally used by him otherwise than by prescription. It shall, however, be deemed a sufficient compliance with this subdivision (1) if any such person using small quantities of solutions or other preparation of such drugs for local application shall keep a record of the quantity, character, and potency of such solution or other preparations purchased or made up by him, and of the dates when purchased or made up, without keeping record of the amount of such solution or other preparation applied by him to individual patients. (2) Manufacturers and Wholesalers. Manufacturers and wholesalers shall keep records of all narcotic drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all narcotic drugs received and disposed of by them, in accordance with the provisions of subdivision (5) of this section. (3) Apothecaries. Apothecaries shall keep records of all narcotic drugs received and disposed of by them, in accordance with the provisions of subdivision (5) of this section. (4) Vendors of Exempted Preparations. Every person who purchases for resale, or who sells narcotic drug preparations exempted by § 20-64-208, shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subdivision (5) of this section. (5) Form and Preservation of Records. The form of records shall be prescribed by the Secretary of the Department of Health. The record of narcotic drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received; the kind and quantity of narcotic drugs produced or removed from process of manufacturer, and the date of such production or removal from process of manufacturer; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves received or produced. The record of all narcotic drugs sold, administered, dispensed, or otherwise disposed of shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered, or dispensed, and the kind and quantity of drugs. Every such record shall be kept for a period of two (2) years from the date of the transaction recorded. The keeping of a record required by or under the federal narcotic laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft. (6) Records of Purchasers for Resale. Every person who purchases cannabis for resale should keep a record of its date of receipt, name and address of the person for whom received, and the proportion of resin contained in or producible from the plant cannabis sativa L., received or produced.

Ark. Code Ann. § 20-64-210 Labels.

(1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him or her, he or she shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. No person, except an apothecary for the purpose of filling a prescription under this subchapter, shall alter, deface, or remove any label so affixed. (2)(A) When an apothecary sells or dispenses a narcotic drug on a prescription issued by a physician, dentist, or veterinarian, he or she shall affix to the container in which the drug is sold or dispensed a label showing: (i) His or her own name, address, and registry number, or the name, address, and registry number of the apothecary for whom he or she is lawfully acting; (ii) The name and address of the patient or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal; (iii) The name, address, and registry number of the physician, dentist, or veterinarian from whom the prescription was prescribed; and (iv) The directions for the use of the prescription. (B) A person shall not alter, deface, or remove a label affixed as required under this subdivision (2).

Ark. Code Ann. § 20-64-211 Authorized possession of narcotic drugs by individuals.

A person to whom or for whose use any narcotic drug has been prescribed, sold, or dispensed by a physician, dentist, apothecary, or other person authorized under the provisions of § 20-64-205 , and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a veterinarian, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same.

Ark. Code Ann. § 20-64-212 Persons and corporations exempted.

The provisions of this subchapter restricting the possession and having control of narcotic drugs shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or their employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties.

Ark. Code Ann. § 20-64-213 Common nuisances.

Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same, shall be deemed a common nuisance. No person shall keep or maintain such a common nuisance.

Ark. Code Ann. § 20-64-214 Narcotic drugs to be delivered to state official, etc.

Upon delivery to the Secretary of the Department of Health of any narcotic drugs discarded by the owner thereof or other person entitled to the possession or custody thereof, and upon the Secretary of the Department of Health delivering to such person an itemized receipt therefor, the Secretary of the Department of Health is empowered to destroy such narcotic drugs; provided, that the Secretary of the Department of Health shall keep for a period of three (3) years from the date of destruction a record of such transaction, showing the name and address of the person delivering the narcotic drugs, an itemized description thereof, the date and place of delivery, and the date of destruction. All narcotic drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited, and disposed of as follows: (a) Except as in this section otherwise provided, the court or magistrate having jurisdiction shall order such narcotic drugs forfeited and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction shall be kept, and a return under oath, reporting said destruction, shall be made to the court or magistrate and to the Administrator of the United States Drug Enforcement Administration by the officer who destroys them; (b) Upon written application by the Secretary of the Department of Health, the court or magistrate by whom the forfeiture of narcotic drugs has been decreed may order the delivery of any of them except heroin and its salts and derivatives, to said Secretary of the Department of Health, for distribution or destruction, as hereinafter provided; (c) Upon application by any hospital within this state not operated for private gain, the Secretary of the Department of Health may in his discretion deliver any narcotic drugs that have come into his custody by authority of this section to the applicant for medicinal use. The Secretary of the Department of Health may from time to time deliver excess stocks of such narcotic drugs to the Administrator of the United States Drug Enforcement Administration or may destroy the same; (d) The Secretary of the Department of Health shall keep a full and complete record of all drugs received and of all drugs disposed of, showing the exact kinds, quantities, and forms of such drugs; the persons from whom received and to whom delivered; by whose authority received, delivered, and destroyed; and the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all federal and state officers charged with the enforcement of federal and state narcotic laws.

Ark. Code Ann. § 20-64-215 Notice of conviction to be sent to licensing board.

On the conviction of any person of the violation of any provision of this subchapter, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion be filed, shall be sent by the clerk of the court, or by the magistrate, to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business. On the conviction of any such person, the court may, in its discretion, suspend or revoke the license or registration of the convicted defendant to practice his profession or to carry on his business. On the application of any person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, said board or officer may reinstate such license or registration.

Ark. Code Ann. § 20-64-216 Records confidential.

Prescriptions, orders, and records, required by this subchapter, and stocks of narcotic drugs, shall be open for inspection only to federal, state, county, and municipal officers, whose duty it is to enforce the laws of this state or of the United States relating to narcotic drugs. No officer having knowledge by virtue of his office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party.

Ark. Code Ann. § 20-64-217 Fraud or deceit.

(1) No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug: (a) by fraud, deceit, misrepresentation, or subterfuge; or (b) by the forgery or alteration of a prescription or of any order; or (c) by the concealment of a material fact; or (d) by the use of a false name or the giving of a false address. (2) Information communicated to a physician in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication. (3) No person shall willfully make a false statement in any prescription, order, report, or record, required by this subchapter. (4) No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person. (5) A person shall not make or utter a false or forged prescription or false or forged order. (6) No person shall affix any false or forged label to a package or receptacle containing narcotic drugs. (7) The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of § 20-64-208 , in the same way as they apply to transactions under all other sections.

Ark. Code Ann. § 20-64-218 Exceptions and exemptions not required to be negatived.

In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this subchapter, it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this subchapter, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.

Ark. Code Ann. § 20-64-219 Enforcement and cooperation.

It is hereby made the duty of the Secretary of the Department of Health, his officers, agents, inspectors, and representatives, and of all peace officers within the state, and of all prosecuting attorneys, to enforce all provisions of this subchapter, except those specifically designated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic drugs. The authority to promulgate rules for the efficient enforcement of this act is hereby vested in the secretary. The secretary is hereby authorized to make the rules promulgated under this subchapter conform insofar as possible under the standards established herein and under the policies of this subchapter with those regulations promulgated under the federal Narcotic Act.

Ark. Code Ann. § 20-64-220 Penalties.

(1) Except as provided in subdivision (2) of this section, a person violating any provision of this subchapter commits a felony and upon conviction shall be fined not more than two thousand dollars ($2,000), and be imprisoned in the state penitentiary not less than two (2) nor more than five (5) years. For a second offense, or if, in case of a first conviction of violation of any provision of this subchapter, the offender shall previously have been convicted of any violation of the laws of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than five (5) nor more than ten (10) years. For a third or subsequent offense, or if, the offender shall previously have been convicted two (2) or more times in the aggregate of any violation of the law of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than ten (10) or more than twenty (20) years. (2) A person violating § 20-64-217 in a manner involving only a preparation exempted by § 20-64-208 for a first conviction shall be fined not more than twenty-five dollars ($25.00), for a second conviction shall be fined not more than fifty dollars ($50.00), and for a third or subsequent conviction shall be fined not more than one hundred dollars ($100). Except in the case of conviction for a first offense for violation of the provisions of this subchapter the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served.

Ark. Code Ann. § 20-64-221 Effect of acquittal or conviction under federal narcotic laws.

No person shall be prosecuted for a violation of any provision of this subchapter if such person has been acquitted or convicted under the federal narcotic laws of the same act or omission which, it is alleged, constitutes a violation of this subchapter.

Ark. Code Ann. § 20-64-222 Constitutionality.

If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are declared to be severable.

Ark. Code Ann. § 20-64-223 Interpretation.

This subchapter shall be so interpreted and construed as to effectuate its general purpose, to make uniform the laws of those states which enact it.

Ark. Code Ann. § 20-64-224 Inconsistent laws repealed.

All acts or parts of acts which are inconsistent with the provisions of this subchapter are repealed.

Ark. Code Ann. § 20-64-225 Name of act.

This subchapter may be cited as the “Uniform Narcotic Drug Act”.

Ark. Code Ann. § 20-64-226 [Reserved.]

Ark. Code Ann. § 20-64-301 Title.

This subchapter may be cited as the “Arkansas Drug Abuse Control Act”.

Ark. Code Ann. § 20-64-302 Definitions.

As used in this subchapter, unless the context otherwise requires: (1) [Repealed.] (2) “Counterfeit drug” means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed the drug and which thereby falsely purports, or is represented to be the product of, or to have been packed or distributed by, another drug manufacturer, processor, packer, or distributor; (3) “Depressant or stimulant drug” means: (A) Any drug which contains any quantity of barbituric acid or any of the salts of barbituric acid or any derivative of barbituric acid which has been designated under section 502(d) of the Federal Food, Drug, and Cosmetic Act, as presently in force and effect, as habit-forming and such other derivatives as the State Board of Health shall define as habit-forming, provided that in formulating these definitions, the board shall take into consideration the provisions of the Federal Food, Drug, and Cosmetic Act as it exists from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act, insofar as is possible under the standards established in this subchapter and under the policy of it; (B) Any drug which contains any quantity of: (i) Amphetamine or any of its optical isomers; (ii) Any salt of amphetamine or any salt of an optical isomer of amphetamine; or (iii) Any substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as habit-forming because of its stimulant effect on the central nervous system. In formulating these rules, the board shall take into consideration the regulations promulgated from time to time under the Federal Food, Drug, and Cosmetic Act and shall amend the rules so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act. (C) Any drug which contains any quantity of a substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as having a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect, provided that the board in formulating its rules shall take into consideration all regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act and shall amend its rules so as to keep them in harmony with the regulations prescribed by the Federal Food, Drug, and Cosmetic Act; (4) “Drug” means articles recognized in the official United States Pharmacopoeia, or official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, but does not include devices or their components, parts, or accessories; (5) “Federal act” designates the Federal Food, Drug, and Cosmetic Act, which was in effect on June 30, 1967, and all amendments thereto; (6) “Manufacture”, “compound”, or “process” shall include repackaging or otherwise changing the container, wrapper, or labeling of any drug package in the furtherance of the distribution of the drug from the original place of manufacture to the person who makes final delivery or sale to the ultimate consumer, and the term “manufacturers”, “compounders”, and “processors” shall be deemed to refer to persons engaged in those defined activities; (7) “Person” includes individual, partnership, corporation, and association; and (8) “Practitioner” means a physician, dentist, veterinarian, or other person licensed in this state to prescribe or administer drugs which are subject to this subchapter.

Ark. Code Ann. § 20-64-303 Minor violations of subchapter.

Nothing in this subchapter shall be construed as requiring the State Board of Health to report for the institution of proceedings under this subchapter minor violations of this subchapter whenever the Secretary of the Department of Health believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

Ark. Code Ann. § 20-64-304 Penalties.

(a)(1) Any person violating any of the provisions of this subchapter commits a felony and shall, upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned in the state penitentiary for not more than two (2) years, or be both fined and imprisoned, in the discretion of the court. (2) For a second offense, the offender commits a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary for not less than three (3) years nor more than (5) years. (3) For a third or subsequent offense, the offender commits a felony and shall be fined not more than five thousand dollars ($5,000) and be imprisoned in the state penitentiary for not less than five (5) years nor more than ten (10) years. (b) No person shall be subject to the penalties of subsection (a) of this section, for having violated § 20-64-306(9) and (10) if the person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a drug’s being a counterfeit drug or for having violated § 20-64-306(10) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit drug.

Ark. Code Ann. § 20-64-305 Duty of prosecuting attorneys.

It shall be the duty of each prosecuting attorney to whom the State Board of Health reports any violation of this subchapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

Ark. Code Ann. § 20-64-306 Prohibited acts.

The following acts and the causing thereof within the State of Arkansas are prohibited: (1) The manufacture, compounding, or processing of a drug in violation of § 20-64-309; (2) The sale, delivery, or other disposition of a drug in violation of § 20-64-310; (3) The possession of a drug in violation of § 20-64-311; (4) Obtaining a drug in violation of § 20-64-312; (5) The failure to prepare or obtain, or the failure to keep, a complete and accurate record with respect to any drug as required by § 20-64-313; (6) The refusal to permit access to or copying of any record as required by § 20-64-313; (7) The refusal to permit entry or inspection as authorized by § 20-64-313; (8) The filling or refilling of any prescription in violation of § 20-64-314; (9) Making, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render a drug a counterfeit drug; and (10) The doing of any act which causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug.

Ark. Code Ann. § 20-64-307 Seizure and forfeiture of contraband — Generally.

The following are declared to be contraband and shall be seized and forfeited without warrant by an authorized agent of the State Board of Health whenever he or she has reasonable grounds to believe they are: (1) A depressant or stimulant drug with respect to which a prohibited act within the meaning of § 20-64-306 has occurred; (2) A drug that is a counterfeit; (3) A container of a depressant or stimulant drug or of a counterfeit drug; (4) Equipment used in manufacturing, compounding, or processing a depressant or stimulant drug with respect to which drug a prohibited act within the meaning of § 20-64-306 has occurred; and (5) Any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit drug or drugs.

Ark. Code Ann. § 20-64-308 Seizure and forfeiture of contraband — Hearing and disposition.

(a)(1) When an article, drug, or other thing is seized and forfeited under the provisions of § 20-64-307, the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized. (2) The notice shall advise that the article, drug, or other thing seized and forfeited will be destroyed or sold by the secretary at the expiration of thirty (30) days from the date of publication of the notice. (3) Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the secretary for a hearing to be held in the secretary’s office in Little Rock. (4) The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken. (5) Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented. (6) The findings of fact and order of the secretary may be appealed to the Pulaski County Circuit Court by lodging with the court within fifteen (15) days after the secretary’s order has been entered a transcript of record of the hearing held before the secretary. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law. (7) An appeal from the judgment of the circuit court may be taken to the Supreme Court. (b)(1) If the secretary receives no written petition for a hearing within thirty (30) days from the date of the publication of notice as provided in this section, the secretary shall, in his or her discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under § 20-64-307 and shall sell them to the highest bidder, or he or she may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years. (2) The proceeds for the sale of the articles, drugs, or other things shall be deposited with the Treasurer of State as nonrevenue receipts for credit to the State Apportionment Fund as general revenues to be distributed for the respective purposes as provided by law.

Ark. Code Ann. § 20-64-309 Depressant and stimulant drugs — Manufacturing, compounding, or processing prohibited — Exceptions.

No person shall manufacture, compound, or process in this state any depressant or stimulant drug, except that this prohibition shall not apply to the following persons whose activities in connection with any drug are as specified in this section: (1) Manufacturers, compounders, and processors, operating in conformance with the laws of this state relating to the manufacture, compounding, or processing of drugs, who are regularly engaged in preparing pharmaceutical chemicals or prescription drugs for distribution through branch outlets, through wholesale druggists, or by direct shipment: (A) To pharmacies or to hospitals, clinics, public health agencies, or physicians for dispensing by registered pharmacists upon prescriptions, or for use by or under the supervision of practitioners licensed in this state to administer the drugs in the course of their professional practice; or (B) To laboratories or research or educational institutions for their use in lawful research, teaching, or chemical analysis; (2) Suppliers, operating in conformance with the laws of this state relating to the manufacture, compounding, or processing of drugs of manufacturers, compounders, and processors referred to in subdivision (1) of this section; (3) Wholesale druggists who maintain their establishments in conformance with state and local laws relating to the manufacture, compounding, or processing of drugs and are regularly engaged in supplying prescription drugs: (A) To pharmacies, or to hospitals, clinics, public health agencies, or physicians for dispensing by registered pharmacists upon prescriptions or for use by or under the supervision of practitioners licensed in this state to administer the drugs in the course of their professional practice; or (B) To laboratories or research or educational institutions for their use in lawful research, teaching, or clinical analysis; (4) Pharmacies, hospitals, clinics, and public health agencies which maintain their establishments in conformance with state and local laws regulating the practice of pharmacy and medicine which are regularly engaged in dispensing drugs upon prescriptions of practitioners licensed in this state to administer the drugs for patients under the care of the practitioners in the course of their professional practice; (5) Practitioners licensed in this state to prescribe or administer depressant or stimulant drugs, while acting in the course of their professional practice; (6) Persons who use depressant or stimulant drugs in research, teaching, or chemical analysis and not for sale; (7) Officers and employees of this state or of a political subdivision of this state or of the United States while acting in the course of their official duties; and (8) An employee or agent of any person described in subdivisions (1)-(6) of this section and a nurse under the supervision of a practitioner licensed by law in this state to administer depressant or stimulant drugs, while the employee or nurse is acting in the course of his or her employment or occupation and not on his or her own account.

Ark. Code Ann. § 20-64-310 Depressant and stimulant drugs — Sale, delivery, or disposal prohibited — Exceptions.

No person shall sell, deliver, or otherwise dispose of any depressant or stimulant drug or counterfeit drug to any other person unless that person is: (1) A person described in § 20-64-309, while the person is acting in the ordinary and authorized course of his or her business, profession, occupation, or employment; or (2) A common or contract carrier or warehouser, or an employee thereof, whose possession of any depressant or stimulant drug or counterfeit drug is in the usual course of his or her business or employment as such.

Ark. Code Ann. § 20-64-311 Depressant and stimulant drugs — Possession prohibited — Exceptions.

No person other than a person described in § 20-64-309 or § 20-64-310(2) shall possess any depressant or stimulant drug unless: (1) The drug was obtained upon a valid prescription and is held in the original container in which the drug was delivered; or (2) The drug was delivered by a practitioner in the course of his or her professional practice, and the drug is held in the immediate container in which the drug was delivered.

Ark. Code Ann. § 20-64-312 Depressant and stimulant drugs — Falsely obtaining or attempting to obtain prohibited — Exceptions.

(a) No person other than a person described in § 20-64-309(7) shall obtain or attempt to obtain a depressant or stimulant drug by: (1) Fraud, deceit, misrepresentation, or subterfuge; (2) Falsely assuming the title of or representing himself or herself to be a manufacturer, wholesaler, practitioner, pharmacist, owner of a pharmacy, or other person authorized to possess stimulant or depressant drugs; (3) The use of a forged or altered prescription; or (4) The use of a false name or false address on a prescription. (b) However, this section shall not apply to drug manufacturers, their agents, or employees when the manufacturers, their agents, or employees are authorized to engage in and are actually engaged in investigative activities directed toward the safeguarding of the drug manufacturer's trademark.

Ark. Code Ann. § 20-64-313 Depressant and stimulant drugs — Records by certain persons required.

(a)(1) Every person engaged in manufacturing, compounding, processing, selling, delivering, or otherwise disposing of any depressant or stimulant drug shall, on and after June 30, 1967, prepare a complete and accurate record of all stocks of each drug on hand and shall keep the record for three (3) years, except that if this record has already been prepared in accordance with section 511(d) of the Federal Food, Drug, and Cosmetic Act, no additional record shall be required, provided that all records prepared under section 511(d) of the Federal Food, Drug, and Cosmetic Act have been retained and are made available to the State Board of Health upon request. When additional depressant or stimulant drugs are designated by the board after June 30, 1967, a similar record must be prepared upon the effective date of the designation on and after June 30, 1967. Every person manufacturing, compounding, or processing any depressant or stimulant drug shall prepare and keep, for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug manufactured, compounded, or processed and the date of the manufacture, compounding, or processing. (2) Every person selling, delivering, or otherwise disposing of any depressant or stimulant drug shall prepare or obtain, and keep for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug received, sold, delivered, or otherwise disposed of, the name and address from whom it was received and to whom it was sold, delivered, or otherwise disposed of, and the date of the transaction. (b)(1) Every person required by subdivision (a)(1) of this section to prepare or obtain, and keep, records and any carrier maintaining records with respect to any shipment containing any depressant or stimulant drug, and every person in charge, or having custody, of the records, shall, upon request of an officer or employee designated by the board, permit an officer or employee at reasonable times to have access to and copy the records. For the purposes of verification of the records and of enforcement of this subchapter, officers or employees designated by the board are authorized, to enter, at reasonable times, any factory, warehouse, establishment, or vehicle in which any depressant or stimulant drug is held, manufactured, compounded, processed, sold, delivered, or otherwise disposed of and to inspect, within reasonable limits and in a reasonable manner, the factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished material, containers and labeling therein, and all things therein including records, files, papers, processes, controls, and facilities; and to inventory any stock of any such drug therein and obtain samples of any drug. (2) No inspection authorized by subdivision (b)(1) of this section shall extend to: (A) Financial data; (B) Sales data other than shipment data; (C) Pricing data; (D) Personnel data; or (E) Research data. (c) The provisions of subsections (a) and (b) of this section shall not apply to a licensed practitioner described in § 20-64-309(5) with respect to any depressant or stimulant drug received, prepared, processed, administered, or dispensed by him or her in the course of his or her professional practice unless the practitioner regularly engages in dispensing any drug or drugs to his or her patients for which they are charged, either separately or together with charges for other professional services.

Ark. Code Ann. § 20-64-314 Depressant and stimulant drugs — Limitations on filling of prescriptions.

(a)(1)(A) A prescription for a depressant or stimulant drug shall not be filled or refilled more than six (6) months after the date on which the prescription was issued. (B) A prescription that is authorized to be refilled shall not be refilled more than five (5) times. (2) However, this subchapter does not prevent a practitioner from issuing a new written prescription for the same drug. (b) If no indication of refill status is indicated on the prescription, it shall not be refilled.

Ark. Code Ann. § 20-64-315 Depressant and stimulant drugs — Exemptions from §§ 20-64-309 — 20-64-315.

Depressant or stimulant drugs exempted under section 511(f) of the Federal Food, Drug, and Cosmetic Act and such other drugs as the State Board of Health shall specify are exempted from the application of §§ 20-64-309 — 20-64-315 .

Ark. Code Ann. § 20-64-316 Authority of Department of Health employees to investigate, examine, and inspect.

Any officer or employee of the Department of Health designated by the Secretary of the Department of Health to conduct examinations, investigations, or inspections under this subchapter relating to depressant or stimulant drugs or to counterfeit drugs may, when so authorized by the secretary: (1) Carry firearms; (2) Execute and serve search warrants and arrest warrants; (3) Execute seizure by process issued pursuant to §§ 20-64-307 and 20-64-308; (4) Make arrests without warrant for offenses under this subchapter with respect to drugs if the offense is committed in his or her presence; and (5) Make seizures of drugs or containers or equipment, punches, dies, plates, stone, labeling, or other things, if they are, or he or she has reasonable grounds to believe that they are, subject to seizure and condemnation under §§ 20-64-307 and 20-64-308.

Ark. Code Ann. § 20-64-317 Rules.

(a) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health. (b) Before the rules or amendments thereto shall become effective, the board shall publish notice two (2) times weekly for two (2) consecutive weeks in a newspaper of general circulation in this state, setting forth in the newspaper notice a concise summary of the proposed rule or amendment thereto and setting forth, in addition, the time and place at which open public hearings are to be held on the rules. (c) The hearing shall be held not earlier than ten (10) days nor later than fifteen (15) days following the last published notice thereon. (d) The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those regulations promulgated under the Federal Food, Drug, and Cosmetic Act.

Ark. Code Ann. § 20-64-401 Penalties.

(a) Any person violating any provision of this subchapter shall be guilty of a felony and upon conviction shall be subject to imprisonment in the state penitentiary for a term of not less than three (3) years nor more than five (5) years. (b) For the second or any subsequent violation of this subchapter, the person shall be subject to imprisonment in the state penitentiary for a term of not less than five (5) years or more than ten (10) years.

Ark. Code Ann. § 20-64-402 Use, possession, sale, etc., prohibited — Generally.

It shall be unlawful for any person, except as provided in this subchapter, to use, possess, have in one's possession, sell, exchange, give or attempt to give to another, barter, or otherwise dispose of: (1) Lysergic acid; (2) LSD, which is d-lysergic acid diethylamide; (3) DMT, which is N-N-dimethyltryptamine; (4) Any compound, mixture, or preparation which is physiologically similar to any drug listed in subdivisions (1)-(3) of this section in its effect on the central nervous system; or (5) Any salt or derivative of any drug listed in subdivisions (1)-(3) of this section.

Ark. Code Ann. § 20-64-403 Use, possession, sale, etc., prohibited — Exceptions.

The drugs enumerated in § 20-64-402 may lawfully be possessed by: (1) A manufacturer licensed by the United States Food and Drug Administration to produce and distribute the drugs, or his or her agent, to be sold only to a person authorized in this section to possess the drugs or transport in interstate commerce. Each shipment must bear the identifying number assigned by the United States Food and Drug Administration; (2)(A) A licensed pharmacy, to be dispensed only to a licensed physician or research scientist qualified under subdivision (3) or subdivision (4) of this section. (B) However, every pharmacy which receives or dispenses the drug shall keep a record showing the date, amount, and source of drugs received, the date of dispensing, the name and address of the person to whom dispensed, and the kind and quantity of drugs. (C) The record shall be kept for a period of three (3) years from the date of the transaction recorded and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer; (3)(A) A licensed physician, provided that every physician who receives or administers the drug shall keep a record showing the date, amount, and source of drugs received, the date of administration, the name and address of the person to whom administered, and the kind and quantity of drugs. (B) Every record shall be kept for a period of three (3) years from the date of administration and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer. (C) Any physician who administers any drug listed in § 20-64-402 to any human being shall keep the patient under his or her personal supervision and care until the effect of the drug has entirely ceased; and (4)(A) A licensed psychologist or a member of the faculty of a college or university in this state who is qualified by scientific training and experience to investigate the safety and effectiveness of the drugs, to be used only for research and not to be administered to any human being except under the supervision of a physician as provided in subdivision (3) of this section. (B) Any psychologist or research scientist who uses the drug shall keep a record showing the date, amount, and source of drugs received and the disposition and use of all drugs. (C) Every record shall be kept for a period of three (3) years from date of use and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.

Ark. Code Ann. § 20-64-501 Applicability.

Nothing in this subchapter shall apply to the sale of chemicals or poisons for use for nonmedical purposes, or for uses as insecticides or biologics or medicine used for the cure, mitigation, or prevention of disease of animals or fowl, and uses for agricultural use which comply with the requirements of the Federal Food, Drug, and Cosmetic Act and all amendments thereto unless those products are prescription drugs under this subchapter.

Ark. Code Ann. § 20-64-502 Construction.

(a) This subchapter shall be construed to repeal only those provisions of the pharmacy laws of Arkansas in direct and specific conflict herewith. (b) The provisions of this subchapter shall otherwise be cumulative to the pharmacy laws of Arkansas.

Ark. Code Ann. § 20-64-503 Definitions.

As used in this subchapter, unless the context otherwise requires: (1) “Blood” means whole blood collected from a single donor and processed either for transfusion or further manufacturing; (2) “Blood component” means that part of blood separated by physical or mechanical means; (3) [Repealed.] (4) “Controlled substance” means those substances, drugs, or immediate precursors listed in Schedules I through VI of the Uniform Controlled Substances Act, § 5-64-101 et seq., and revised by the Secretary of the Department of Health pursuant to his or her authority under §§ 5-64-214 — 5-64-216; (5) “Drug sample” means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug; (6)(A) “Legend drug” means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act to being dispensed by or upon a medical practitioner's prescription because the drug is: (i) Habit-forming; (ii) Toxic or having potential for harm; or (iii) Limited in its use to use under a practitioner's supervision by the new drug application for the drug. (B) The product label of a legend drug is required to contain the statement: “CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION”. (C) A legend drug includes prescription drugs subject to the requirement of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act which shall be exempt from section 502(f)(1) if certain specified conditions are met; (7) “Manufacturer” means anyone who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug; (8) “Person” includes individual, partnership, corporation, business firm, and association; (9) “Prescription drug” means controlled substances, legend drugs, and veterinary legend drugs as defined herein; (10) “Veterinary legend drugs” means drugs defined in 21 C.F.R. § 201.105 and bearing a label required to bear the cautionary statement: “CAUTION: FEDERAL LAW RESTRICTS THIS DRUG TO USE BY OR ON ORDER OF A LICENSED VETERINARIAN”; (11) “Wholesale distribution” means the distribution of prescription drugs to persons other than consumers or patients but does not include: (A) Intracompany sales; (B) The purchase or other acquisition by a hospital or other healthcare entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or healthcare entities that are members of the organizations; (C) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code to a nonprofit affiliate of the organization to the extent otherwise permitted by law; (D) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other healthcare entities that are under common control. For the purposes of this section, “common control” means the power to direct or cause the direction of the management and policies of a person or an organization whether by ownership of stock or voting rights, by contract, or otherwise; (E) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for emergency medical reasons; for purposes of this section, “emergency medical reasons” includes transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage; (F) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription; (G) The distribution of drug samples by manufacturers' representatives or distributors' representatives; or (H) The sale, purchase, or trade of blood components intended for transfusion; and (12) “Wholesale distributor” means any person engaged in wholesale distribution of prescription drugs, including, but not limited to, manufacturers; repackers' own-label distributors; private label distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; prescription drug repackagers; physicians; dentists; veterinarians; birth control and other clinics; individuals; hospitals; nursing homes and their providers; health maintenance organizations and other healthcare providers; and retail and hospital pharmacies that conduct wholesale distributions. A wholesale drug distributor shall not include any for-hire carrier or person or entity hired solely to transport prescription drugs.

Ark. Code Ann. § 20-64-504 Sales — Permit required.

It shall be unlawful for any person to sell or offer for sale by advertisement, circular, letter, sign, oral solicitation, or any other means any prescription drug unless the person holds and possesses a permit authorizing the sale as provided by this subchapter.

Ark. Code Ann. § 20-64-505 Wholesale distributor — Permit required.

(a) Every wholesale distributor who shall engage in the wholesale distribution of prescription drugs, to include without limitation, manufacturing in this state, shipping into this state, or selling or offering to sell in this state, shall register annually with the Arkansas State Board of Pharmacy by application for a permit on a form furnished by the board and accompanied by a fee of two hundred dollars ($200). The board may require a separate license for each facility directly or indirectly owned or operated by the same business entity within this state, or for a parent entity with divisions, subdivisions, subsidiaries, or affiliate companies within this state when operations are conducted at more than one (1) location and there exists joint ownership and control among all the entities. (b)(1) The permit may be renewed annually at a renewal permit fee of one hundred dollars ($100). (2) All permits issued under this section shall expire on December 31 of each calendar year. (3) Each application for the renewal of the permit must be made on or before December 31 of each year, at which time the previous permits shall become null and void. (c) Each permit issued hereunder shall be displayed by the holder thereof in a conspicuous place.

Ark. Code Ann. § 20-64-506 Wholesale distributors — Shipment to certain licensed professionals.

(a) All wholesale distributors must, before shipping to a recipient in this state any prescription drug as defined in this subchapter, ascertain that the person to whom shipment is made is either a physician licensed by the Arkansas State Medical Board, a licensed doctor of dentistry, a licensed doctor of veterinary medicine, a licensed doctor of podiatric medicine, a hospital licensed by the State Board of Health, a licensed wholesale distributor as defined in this subchapter, a pharmacy licensed by the Arkansas State Board of Pharmacy, or other entity authorized by law to purchase or possess prescription drugs. (b) No wholesale distributor shall ship any prescription drug to any person after receiving written notice from the Arkansas State Board of Pharmacy that the person no longer holds a registered pharmacy permit or is not a licensed physician, dentist, veterinarian, or hospital.

Ark. Code Ann. § 20-64-507 Rules.

(a) The Arkansas State Board of Pharmacy shall adopt rules for the wholesale distribution of prescription drugs which promote the public health and welfare and which comply with the minimum standards, terms, and conditions of the Prescription Drug Marketing Act and federal regulations, including without limitations 21 C.F.R. § 205, for licensing by state authorities of persons who engage in the wholesale distribution in interstate commerce of prescription drugs. The rules shall include without limitation: (1) Minimum information from each wholesale distributor required for licensing and renewal of licenses; (2) Minimum qualifications of persons who engage in the wholesale distribution of prescription drugs; (3) Appropriate education or experience, or both, of persons employed in wholesale distribution of prescription drugs who assume responsibility for positions related to compliance with state licensing requirements; (4) Minimum requirements for the storage and handling of prescription drugs; and (5) Minimum requirements for the establishment and maintenance of prescription drug distribution records. (b) In the event that this subchapter or rules promulgated under this subchapter conflict with the federal Prescription Drug Marketing Act or federal regulations, the federal Prescription Drug Marketing Act or federal regulations shall control. (c) The board shall appoint an advisory committee composed of seven (7) members, one (1) of whom shall be a representative of a pharmacy but who shall not be a member of the board, three (3) of whom shall be representatives of wholesale drug distributors, and three (3) of whom shall be representatives of drug manufacturers. The committee shall review and make recommendations to the board on the merit of all rules dealing with pharmacy distributors, wholesale drug distributors, and drug manufacturers which are proposed by the board.

Ark. Code Ann. § 20-64-508 Revocation or suspension of licenses.

The Arkansas State Board of Pharmacy may revoke or suspend an existing license or may refuse to issue a license under this subchapter if the holder or applicant has committed or is found guilty by the board of any of the following: (1) Violation of any federal, state, or local law, rule, or regulation relating to drugs; (2) Violation of any provisions of this subchapter or any rule promulgated hereunder; or (3) Commission of an act or engaging in a course of conduct which constitutes a clear and present danger to the public health and safety.

Ark. Code Ann. § 20-64-509 Penalties.

(a) After notice and hearing, whenever the Arkansas State Board of Pharmacy has found a licensee to have committed any act enumerated in § 20-64-508, the board shall have the power to impose a civil penalty and may order the license to be suspended until the penalty is paid. (b) Before imposing any civil penalty, the board shall determine that the public health and welfare would not be impaired by the imposition of the penalty and that payment of the penalty will achieve the desired disciplinary purposes. (c) No penalty imposed by the board shall exceed one thousand dollars ($1,000) per violation, nor shall the board impose a penalty on a licensee where the license has been revoked by the board for a violation. (d) Each instance where a federal, state, or local law or regulation is violated shall constitute a separate violation. (e) The power and authority of the board to impose penalties is not to be affected by any other civil or criminal proceeding concerning the same violation, nor shall the imposition of a penalty preclude the board from imposing other sanctions short of revocation.

Ark. Code Ann. § 20-64-510 Hearing procedures.

The procedure for notice, hearing, and appeals therefrom shall be that of the Arkansas State Board of Pharmacy set forth in § 17-92-313 , and that of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Ark. Code Ann. § 20-64-511 Violations.

A person violating any provision of this subchapter shall be guilty of a Class A misdemeanor.

Ark. Code Ann. § 20-64-512 Inspection of records.

(a)(1) The Arkansas State Board of Pharmacy may conduct inspections upon all premises purporting or appearing to be used by a person licensed under this subchapter. (2) The board in its discretion may accept a satisfactory inspection by the United States Food and Drug Administration or a state agency of another state which the board determines to be comparable to that made by the United States Food and Drug Administration or the board. (b) A licensed person may keep records at a central location apart from the principal office of the licensee or the location at which the drugs were stored and from which they are distributed.

Ark. Code Ann. § 20-64-513 Injunctive powers.

The Arkansas State Board of Pharmacy may, in its discretion and in addition to various remedies provided by law under this subchapter, apply to a court having competent jurisdiction over the parties and subject matter for a writ of injunction to restrain violations of this subchapter or of any conduct which constitutes a clear and present danger to the public health and safety.

Ark. Code Ann. § 20-64-602 Division of Aging, Adult, and Behavioral Health Services — Powers and duties.

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall: (1) Coordinate all state and federally funded programs dealing with alcohol and drug abuse in the state; (2) Provide information to the public on the problems and needs of alcohol and drug abusers; (3) Make evaluations of the effectiveness and efficiency of various agencies and programs relating to alcohol and drug abuse; and (4) Exercise all authority not inconsistent with the provisions of this subchapter as may be necessary to carry out the purposes and intent of this subchapter. (b) The duties and responsibilities of the division shall include the following: (1) Coordinate all state and federally funded programs, services, and activities relating to the prevention, treatment, rehabilitation, education intervention, and training of alcoholics and persons with alcohol and other drug abuse-related problems; (2) Develop, administer, and implement a state plan for alcohol abuse and drug abuse prevention as defined in Pub. L. No. 92-255, or its successor, and develop reports on state and local activities in alcohol and drug abuse prevention with recommendations for allocations of resources by refining goals and establishing priorities; (3) Sponsor, encourage, and conduct research into the causes, nature, and treatment of alcoholism, alcohol abuse, and drug abuse and serve as a central source of information and data collection regarding alcohol abuse and drug abuse in this state; (4) Serve in a liaison capacity between the state and local communities and the United States Government with respect to alcohol abuse and drug abuse programs and, subject to the approval of the Secretary of the Department of Human Services, enter into agreements with and make commitments on behalf of the State of Arkansas to meet requirements for obtaining federal assistance or grants for partially financing alcohol abuse and drug abuse programs in the state; (5) Divide the state into appropriate regions for the purpose of planning and the provision of services; (6) As may be deemed necessary, establish district, regional, or other substate advisory councils to help carry out the duties of the division; (7) Review, on a continuing basis, existing and proposed state statutes relating to alcohol abuse and drug abuse education, prevention, intervention, treatment rehabilitation, and training and make appropriate recommendations for legislation to the secretary and the General Assembly; (8) Review, on a continuing basis, existing and proposed rules, policies, programs, and procedures of state agencies and political subdivisions concerning alcohol and drug abuse and recommend to the appropriate agency or political subdivision changes in or additions to the rules, policies, programs, and procedures; (9) Review those budget items proposed by other state agencies which are intended for alcohol or drug abuse prevention, intervention, treatment, education, rehabilitation, and training services and make recommendations to the secretary; (10) Determine the training and orientation needs of professionals, paraprofessionals, supervisors, managers, and other persons in the public and private sectors who come in contact with those persons affected directly or indirectly with alcohol or drug abuse problems or who may impact in a preventive way with individuals who might otherwise become dependent upon alcohol or other drugs; (11) Assist in the development of programs designed to meet identified needs; (12) Provide technical assistance, guidance, consultation, information, and other appropriate services to local programs, local government, district and regional bodies, and state agencies regarding the creation or modification of alcohol or drug abuse programs and procedures; (13) Establish and apply criteria for evaluation of: (A) The effectiveness of alcohol or drug abuse programs conducted in this state; and (B) The accuracy of information contained in and the effectiveness of literature and audiovisual aids prepared to combat alcohol and drug abuse; (14) Specify uniform methods for keeping statistical information on all individuals receiving services related to the use or misuse of alcohol and drugs and also develop and maintain a centralized data collection and dissemination system for alcohol and drug abuse programs and activities consistent with federal and state statutes, rules, and regulations; (15) Prepare an annual report to coincide with appropriate federal reports to be submitted to the advisory council, the secretary, and the Governor describing activities of the division and the accomplishments and effectiveness of its programs and also prepare special reports as deemed necessary for the advisory council to aid in the fulfillment of its advisory responsibilities; (16) Develop policies, plans, and programs sponsoring and encouraging research and prevention activities in this state, especially in the categories of children and youth, women, minorities, senior citizens, and incarcerated persons but not limited to these areas; (17) Request, as deemed necessary, reports in sufficient detail for various departments of state government regarding their alcohol or drug abuse program activities; (18) Cooperate with and assist and solicit the cooperation and assistance of appropriate state agencies, community mental health centers and clinics, hospitals, doctors, law enforcement officials, courts, ministers, and any and all other public or private agencies or organizations involved in or dedicated to providing services to those persons who have alcohol or drug abuse-related problems; (19) Develop and promulgate standards and rules for accrediting, certifying, and licensing alcohol and drug abuse prevention, treatment, and rehabilitation programs and facilities within the state, under the supervision and direction of the secretary, provided that the standards and rules shall not supersede standards and rules promulgated by other state agencies for programs or facilities whose primary mission is not alcohol and drug abuse prevention, treatment, and rehabilitation; (20) Review the regulations, guidelines, requirements, and procedures of state and federally funded operating agencies in terms of their consistency with state alcohol and drug abuse prevention policies, priorities, procedures, and objectives and assist the agencies in making changes therein as may be appropriate; (21) Maintain a liaison with all state and local agencies concerned with drug traffic prevention; (22) Conduct annual site visits to all state and federally funded alcohol and drug abuse programs and facilities to determine their compliance with the standards and rules for accrediting, certifying, and licensing as set forth in subdivision (b)(19) of this section; (23) Apply for and assist others in applying for state, private, or federal grants-in-aid and, with the advice and counsel of the advisory council, approve applications for state and federal grants and enter into grants and contracts with public agencies, institutes of higher education, and private organizations or individuals for the purpose of carrying out research, prevention, education, training, treatment, intervention, and rehabilitation activities or special projects which bear directly on the problems related to alcohol and drug abuse or misuse. The contracts or grants may be entered into for these purposes without performance bonds; (24) Be the primary agency responsible for receiving and disbursing all state, federal, and other public moneys collected for the purpose of combating alcohol and drug abuse-related problems in this state and to account for such receipts and disbursals as are made; and (25) Do and perform all other actions and exercise all other authority not inconsistent with the provisions of this subchapter as may be necessary to carry out the purposes and intent of this subchapter.

Ark. Code Ann. § 20-64-603 Secretary of the Department of Human Services — Administration of state plans.

The Secretary of the Department of Human Services shall be the single state authority and shall have primary responsibility for administering the state plan on alcohol abuse and alcoholism and the state plan on drug abuse prevention.

Ark. Code Ann. § 20-64-701 Legislative findings.

(a) The purpose of this subchapter is to help prevent broken homes and the loss of life, health, money, and property by creating an agency which shall coordinate the efforts of all interested and affected state and local agencies; develop educational and preventative programs; promote and aid study and research relating to problems of alcoholism; and promote the establishment of constructive programs for treatment aimed at the reclamation and rehabilitation of alcoholics. (b) Alcoholism is recognized as an illness and a public health problem affecting the general welfare and economy of the state and, as an illness, is subject to treatment and abatement. (c) The sufferer of alcoholism is recognized as one worthy of treatment and rehabilitation. (d) The need for proper and sufficient facilities, programs, and procedures within the state for the study, control, and treatment of alcoholism is recognized. (e) It is contemplated and intended that this subchapter shall not become involved with or become a vehicle for either the commonly called “dry” or “wet” movements, for it is recognized that alcoholism is a problem irrespective of any laws relating to the manufacture, sale, or consumption of alcoholic beverages. (f) It is declared that the procedure for commitment of alcoholics, as provided for in this subchapter, is not punitive but is a committal for treatment of an illness affecting not only the individual involved but also the public welfare.

Ark. Code Ann. § 20-64-702 Definitions.

As used in this subchapter, unless the context otherwise requires: (1) “Alcoholic” means any person who chronically and habitually uses alcoholic beverages to the extent that the person has lost the power of self-control with respect to the use of such beverages, or who while chronically and habitually under the influence of alcoholic beverages endangers public morals, health, safety, or welfare; (2) “Alcoholic beverages” includes alcoholic spirits, liquors, wines, beer, and every liquid or fluid containing alcohol which is capable of being consumed by human beings and produces intoxication in any form or in any degree; and (3) “Alcoholism” has reference to any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of alcoholic beverages. (4) [Repealed.] (5) [Repealed.]

Ark. Code Ann. § 20-64-703 Construction.

This subchapter shall be liberally construed to accomplish the purposes sought in it.

Ark. Code Ann. § 20-64-704 Division of Aging, Adult, and Behavioral Health Services — Powers and duties.

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have the following duties and functions: (1) Carry on a continuing study of the problems of alcoholism in this state and seek to focus public attention on the problems; (2) Establish cooperative relationships with other state and local agencies, hospitals, clinics, public health, welfare, and law enforcement authorities, educational and medical agencies and organizations, and other related public and private groups; (3) Promote or conduct educational programs on alcoholism, purchase and provide books, films, and other educational material, furnish funds or grants to the Division of Elementary and Secondary Education, institutions of higher education, and medical schools for study and research, and modernize instruction regarding the problems of alcoholism; (4) Provide for treatment and rehabilitation of alcoholics and allocate funds for: (A) The establishment of local alcoholic clinics, with or without short-term hospitalization facilities, by providing funds for not to exceed seventy-five percent (75%) of the total operating cost of the clinics operated by a city or a county; (B) Providing treatment for those alcoholics needing from five (5) to ninety (90) days' hospitalization, whether voluntary patients or those admitted on court order, by furnishing the Department of Human Services State Institutional System Board all of the funds needed for the proper operation of segregated wards for treatment of the patients. The funds and necessary personnel shall be in addition to all funds and personnel provided the board in the regular departmental appropriation bill; (C) Contracting with hospitals or institutions not under its control for the care, custody, and treatment of alcoholics; and (D) Providing for the detention, care, and treatment of recalcitrant alcoholics and alcoholics with long police court records, by furnishing funds for the operation of farm or colony-type facilities under the provisions of subdivision (4)(A) or subdivision (4)(B) of this section; and (5) While the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services necessarily must, and does, have discretion as to proportions in which it allocates funds to the various aspects of this problem, it is contemplated and intended that the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall make every reasonable effort not to concentrate too largely on any one (1) phase of the problem at the expense or to the detriment of other phases. For example, but not limited to, the following phases: (A) That research should not be slowed because of funds directed to treatment, and vice versa; (B) That treatment should not be slowed because of funds directed to rehabilitation, and vice versa; and (C) That rehabilitation should not be slowed because of funds directed to research, and vice versa.

Ark. Code Ann. § 20-64-705 Division of Aging, Adult, and Behavioral Health Services — Power to accept gifts.

(a)(1) The deputy director, on behalf of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, may receive any federal means, grants, contributions, gifts, and loans which are payable or distributable to the State of Arkansas by the United States Government or any of its agencies or instrumentalities, under any existing or future federal laws or statutes or rules or regulations of the agencies or instrumentalities, received for or on account of any of the functions performable by the division. (2) The division may also receive gifts, grants, donations, fees, conveyances, or transfers of money and property, both real and personal, from private and public sources, to effectuate the purposes of this subchapter. (b) The deputy director, on behalf of the division, shall sell or dispose of such real or personal property as the division deems advisable, upon specific authorization of the division. (c) Any funds and income from any property so furnished or transferred to the deputy director on behalf of the division shall be placed in the State Treasury in a special fund and expended in the same manner as other state moneys are expended, upon warrants drawn by the comptroller upon the order of the division. (d) Any of the moneys, funds, and property described in this section are appropriated for the purpose of carrying out the provisions of this subchapter.

Ark. Code Ann. § 20-64-706 Division of Aging, Adult, and Behavioral Health Services — Rules.

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be responsible for the adoption of all policies and shall make all rules appropriate to the proper accomplishment of its functions under this subchapter and to the allocation of its funds.

Ark. Code Ann. § 20-64-707 Division of Aging, Adult, and Behavioral Health Services — Cooperation by other departments.

(a) To effectuate the purpose of this subchapter and to make maximum use of existing facilities and personnel, it is the duty of all departments and agencies of the state government and all officers and employees of the state, when requested by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, to cooperate with it in all activities consistent with their proper respective functions. (b) This section does not give the division control over existing facilities, institutions, or agencies, or require the facilities, institutions, or agencies to serve the division inconsistently with their respective functions, or with the authority of their respective offices, or with the laws and regulations governing their respective activities, or give the division power to make use of any private institution or agency without the consent of the private institution or agency, or to pay a private institution or agency for services which a public institution or agency is willing and able to perform adequately.

Ark. Code Ann. § 20-64-801 Definitions.

As used in this subchapter: (1) “Administrator” refers to the chief administrative officer or executive director of any private or public facility or program designated as a receiving facility or program by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (2) “Detention” refers to any confinement of a person against his or her wishes and begins either: (A) When a person is involuntarily brought to a receiving facility or program; (B) When the person appears for the initial hearing; or (C) When a person on a voluntary admission is in a receiving facility or program pursuant to § 20-64-810; (3) “Evaluation” means an assessment prepared by a receiving facility to include a description of the existence and extent of the person's addiction to alcohol or drugs; (4) “Gravely disabled” refers to a person who, if allowed to remain at liberty, is substantially likely, by reason of addiction to alcohol or other drugs, to physically harm himself or herself or others as a result of inability to make a rational decision to receive medication or treatment, as evidenced by: (A) Inability to provide for his or her own food, clothes, medication, medical care, or shelter; (B) An inability to avoid or protect himself or herself from severe impairment or injury without treatment; or (C) Placement of others in a reasonable fear of violent behavior or serious physical harm to them; (5) “Homicidal” refers to a person who is addicted to alcohol or drugs and poses a significant risk of physical harm to others as manifested by recent overt behavior evidencing homicidal or other violent assaultive tendencies; (6) “Person” shall mean a citizen of the State of Arkansas who is eighteen (18) years of age or older; (7) “Receiving facility or program” refers to a residential, inpatient, or outpatient treatment facility or program which is designated within each geographical area of the state by the division to accept the responsibility for care, custody, and treatment of persons voluntarily admitted or involuntarily committed to the facility or program; and (8) “Suicidal” refers to a person who is addicted to alcohol or other drugs and by reason thereof poses a substantial risk to himself or herself as manifested by evidence of, threats of, or attempts at suicide or serious self-inflicted bodily harm, or by evidence of other behavior or thoughts that create a grave and imminent risk to his or her physical condition.

Ark. Code Ann. § 20-64-802 Jurisdiction.

The circuit courts of this state shall have exclusive jurisdiction for the involuntary commitment procedures initiated pursuant to this subchapter. The circuit judge may conduct hearings pursuant to this subchapter in a receiving facility or program where the person is detained or residing at the Arkansas State Hospital or within any county of his or her judicial district.

Ark. Code Ann. § 20-64-803 Civil immunity.

The prosecuting attorney, deputy prosecuting attorneys, the Prosecutor Coordinator, law enforcement officers, governing boards of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, employees of the division, governing boards of designated receiving facilities, and employees of designated receiving facilities and programs shall be immune from civil liability for performance of duties imposed by this subchapter.

Ark. Code Ann. § 20-64-804 Habeas corpus.

Nothing in this subchapter shall in any way restrict the right of any person to attempt to secure his or her freedom by a habeas corpus proceeding as provided by current Arkansas law.

Ark. Code Ann. § 20-64-805 Inspections — Procedures.

(a) To assure compliance with this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, through its authorized agents, may visit or investigate any receiving facility or program to which persons are admitted or committed under this subchapter. (b) The division shall promulgate written procedures to implement this subchapter on or before July 1, 1995. The provisions shall: (1) Designate receiving facilities or programs within prescribed geographical areas of the state for purposes of voluntary admissions or involuntary commitments under this subchapter; and (2) Establish ongoing mechanisms, guidelines, and rules for review and refinement of the treatment programs offered in the receiving facilities or programs for alcohol and other drug abuse throughout this state.

Ark. Code Ann. § 20-64-806 [Reserved.]

Ark. Code Ann. § 20-64-810 Voluntary admissions.

Any person who believes himself or herself to be addicted to alcohol or other drugs may apply to the administrator or his or her designee of a receiving facility or program for admission. If the administrator or his or her designee shall be satisfied after examination of the applicant that he or she is in need of treatment and will be benefited thereby, the applicant may be received and cared for in the receiving facility or program for such a period of time as the administrator or his or her designee shall deem necessary for the recovery and improvement of the person, provided that the person agrees at all times to remain in the receiving facility or program.

Ark. Code Ann. § 20-64-811 Continued detention.

(a) If at any time the person who has voluntarily admitted himself or herself to a receiving facility or program makes a request to leave, the administrator or his or her designee may file or cause to be filed a petition for involuntary commitment. (b) If the administrator or his or her designee determines that the person meets the criteria set forth in this subchapter for involuntary commitment and that release would place the person in imminent danger of death or serious bodily harm, the administrator or his or her designee shall file or cause to be filed a petition for involuntary commitment and shall append thereto a request for continued detention. (c) The request for continued detention shall be verified and shall: (1) State with particularity the facts personally known to the affiant which establish reasonable cause to believe the person is in imminent danger of death or serious bodily harm; (2) Identify the receiving facility or program in which the person is being detained; and (3) Contain a specific prayer that the person be involuntarily committed and that detention be continued. (d)(1) The person shall be considered to be held by detention pending judicial determination of the petition for involuntary commitment and continued detention. Any person detained pending judicial determination shall, within two (2) hours of his or her request to leave the receiving facility, be provided with a copy of the petition for involuntary commitment and request for continued detention. (2) The person shall be presented with an acknowledgment of receipt of the petition for involuntary commitment and request for continued detention. If the person refuses to sign the acknowledgment, this refusal shall be noted on the person's chart and shall be attested by two (2) eyewitnesses on a second document. An original of said attestation shall be furnished to the court. Either a signed acknowledgment or completed attestation shall be sufficient to prove personal service of the petition. (e) The petition shall be filed and presented to a circuit judge on or before 5:00 p.m. the next day, exclusive of weekends and holidays, after the person makes a request to leave the receiving facility or program. Thereupon, the judge shall review the petition and request for continued detention and determine whether there is reasonable cause to believe the person meets the criteria set forth in this subchapter for involuntary commitment and whether release would place the person in immediate danger of death or serious bodily harm. (f) If the judge determines that there is reasonable cause to believe that the person meets the criteria set forth in this subchapter for involuntary commitment and that release would place the person in immediate danger of death or serious bodily harm, the judge shall order continued detention pending a hearing to be scheduled and conducted pursuant to § 20-64-821.

Ark. Code Ann. § 20-64-812 Absence from receiving facility or program.

(a)(1) Treatment staff shall immediately inform the prosecuting attorney of the county where the receiving facility or program is located if, in the opinion of the treatment staff, a person who voluntarily admitted himself or herself meets the criteria for involuntary commitment set forth in this subchapter and the person has absented himself or herself from the receiving facility or program. (2) The prosecuting attorney shall initiate an involuntary commitment under this subchapter against the person. (3)(A) Statements made by the prosecuting attorney in furtherance of the petition shall not be deemed to be a disclosure. (B) Statements made by the treating staff to the prosecuting attorney shall be treated as confidential, and the prosecuting attorney shall remain subject to the confidentiality requirements as set forth in state and federal law, rules, and regulations. (b) If any person shall, during a period of involuntary commitment, absent himself or herself from the receiving facility or program without leave, he or she may be returned by receiving facility or program security personnel or law enforcement officers without further proceedings. The circuit courts of this state are hereby authorized to enter such orders as may be necessary to effect the return.

Ark. Code Ann. § 20-64-813 [Reserved.]

Ark. Code Ann. § 20-64-815 Petition for involuntary commitment.

(a) Any person having any reason to believe that a person is homicidal, suicidal, or gravely disabled may file a petition with the clerk of the circuit court of the county in which the person alleged to be addicted to alcohol or other drugs resides or is detained and be represented by the prosecuting attorney or by any other licensed attorney within the State of Arkansas. (b) The petition for involuntary commitment shall: (1) State whether the person is believed to be homicidal, suicidal, or gravely disabled; (2) Describe the conduct, signs, and symptoms upon which the petition is based. The descriptions shall be limited to facts within the petitioner's personal knowledge; (3) Contain the names and addresses of any witnesses having knowledge relevant to the allegations contained in the petition; and (4) Contain a specific prayer for commitment of the person to an appropriate designated receiving facility or program, including residential inpatient or outpatient treatment for his or her addiction to alcohol or other drugs. (c) Personal service of the petition shall be made in accordance with the Arkansas Rules of Civil Procedure and shall include: (1) A notice of the date, time, and place of hearing; and (2) A notice that if the person shall fail to appear, the court shall issue an order directing a law enforcement officer to place the person in custody for the purpose of a hearing unless the court finds that the person is unable to appear by reason of physical infirmity or that the appearance would be detrimental to his or her health, well-being, or treatment.

Ark. Code Ann. § 20-64-816 Petition for immediate detention.

(a) Any person filing a petition for involuntary commitment may append thereto a petition for immediate detention. (b) The request for immediate detention shall be verified and shall: (1) State with particularity facts personally known to the affiant which establish reasonable cause to believe the person is in imminent danger of death or serious bodily harm; (2) State whether the person is currently detained in a designated receiving facility or program; and (3) Contain a specific prayer that the person be immediately detained at a designated receiving facility or program pending a hearing. (c) If, based on the petition for involuntary commitment and request for immediate confinement, the judge finds a reasonable cause to believe the person meets the criteria set forth in this subchapter for involuntary commitment and that the person is in imminent danger of death or serious bodily harm, the court may grant the request and order a law enforcement officer to place the person in immediate detention at a designated receiving facility or program for treatment pending a hearing to be scheduled and conducted pursuant to § 20-64-821. (d) Personal service of the petition and order of immediate detention must be made by a law enforcement officer, who shall, at the time of service, take the person into custody and immediately deliver the person to a designated receiving facility or program.

Ark. Code Ann. § 20-64-817 Statement of rights.

Every petition for involuntary commitment shall include or contain as an attachment the following statement of rights: (1) That the person has the right to effective assistance of counsel, including the right to a court-appointed attorney; (2) That the person and his or her attorney have the right to be present at all significant stages of the proceedings and at all hearings, except that no attorney shall be entitled to be present upon examination of the person by the treatment staff for the purpose of evaluation or treatment; (3) That the person has the right to present evidence in his or her own behalf and cross-examine witnesses who testify against him or her; (4) That the person has the right to remain silent; and (5) That the person has a right to view and copy all petitions, reports, and documents contained in the court file.

Ark. Code Ann. § 20-64-818 [Reserved.]

Ark. Code Ann. § 20-64-820 Appointment of counsel.

(a) If it appears to the court that a person sought to be committed is in need of counsel, counsel shall be appointed immediately upon filing of the petition. Whenever legal counsel is appointed by the court, such court shall determine the amount of the fee, if any, to be paid the attorney so appointed and shall issue an order directing the payment. The amount allowed shall not exceed one hundred fifty dollars ($150) based upon the time and effort of the attorney and the investigation, preparation, and representation of the client at the court hearings. The court shall have the authority to appoint counsel on a pro bono basis. (b) The quorum court of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by this subchapter and upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the same shall be approved by the county quorum court and shall be paid in the same manner as other claims against the county are paid.

Ark. Code Ann. § 20-64-821 Initial hearing — Determination — Evaluation.

(a) In each case a hearing shall be set by the court within five (5) days, excluding weekends and holidays, of the filing of a petition for involuntary commitment, with a request for continued detention or for involuntary commitment with a request for immediate detention. (b)(1)(A) A person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing may undergo a screening and assessment within twenty-four (24) hours of the immediate detention. (B)(i) Except as provided in subdivision (b)(1)(C) of this section, a screening and assessment shall be conducted by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (ii) The division shall assign contractors to conduct screenings and assessments under this subdivision (b)(1). (iii) The division shall assume the cost of the screening and assessment. (C)(i) If a person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing declines a screening and assessment by a contractor with the division under subdivision (b)(1)(B) of this section, the person may undergo a screening and assessment by a qualified professional of his or her choosing within twenty-four (24) hours of the immediate detention. (ii) The person named in the petition for involuntary commitment shall assume the cost of a screening and assessment by a qualified professional of his or her choosing. (2)(A) The person conducting a screening and assessment under subdivision (b)(1) of this section shall provide a copy of the results of the screening and assessment to the person named in the petition for involuntary commitment and the prosecuting attorney. (B)(i) The prosecuting attorney may provide a copy to the court. (ii) The court may consider the contents of the screening and assessment as part of its determination of whether the standards for involuntary commitment apply to the person. (c) The person named in the original petition may be removed from the presence of the court upon finding that his or her conduct before the court is so disruptive that proceedings cannot be reasonably continued with him or her present. (d) The petitioner shall appear before the circuit judge to substantiate the petition. The court shall make a determination based upon clear and convincing evidence that the standards for involuntary commitment apply to the person. If such a determination is made, the person shall be remanded to a designated agent of the division or the designated receiving facility or program for treatment for a period of up to twenty-one (21) days. (e) Every person remanded for treatment shall have a treatment plan within twenty-four (24) hours of detention. (f) A copy of the court order committing the person to the designated receiving facility or program for treatment shall be forwarded to the designated receiving facility or program within five (5) working days.

Ark. Code Ann. § 20-64-822 Pleadings — Involuntary commitment.

The pleadings in each case shall be deemed to conform to the proof. The court is hereby authorized to enter orders of involuntary commitment pursuant to § 20-47-201 et seq., conforming thereto.

Ark. Code Ann. § 20-64-823 Filing of petition — Legal representation.

The petition may be filed by the local prosecuting attorney, an attorney representing the petitioner, or pro se. The county shall establish an indigency fund to permit the petitioner to request a court-appointed attorney by filing an affidavit of indigency. The attorney may be allowed a fee of up to one hundred fifty dollars ($150). Should the circuit court designate a circuit judge in Pulaski County to hear petitions filed for additional periods of commitment pursuant to this subchapter, the Prosecutor Coordinator shall appear for and on behalf of the petitioner and the State of Arkansas before the judge, provided that the hearing is held on the grounds of the Arkansas State Hospital. The representation shall be a part of the official duties of the Prosecutor Coordinator. However, nothing in this section shall prevent the petitioner from retaining his or her own counsel. Thereupon, the Prosecutor Coordinator shall be relieved of the duty to represent the petitioner.

Ark. Code Ann. § 20-64-824 Additional commitment.

(a) An additional forty-five-day commitment order may be requested if in the opinion of the treatment staff a person remains suicidal, homicidal, or gravely disabled. (b)(1)(A) Any request for periods of additional commitment pursuant to this section shall be made by a petition verified by the receiving facility or program treatment staff. (B) The petition shall set forth facts and circumstances forming the basis for the request. (2) Upon the filing of the petition for additional commitment, all rights enumerated in § 20-64-817 shall be applicable. (c)(1)(A) A hearing on the petition for additional commitment pursuant to this section shall be held before the expiration of the period of confinement. (B) The hearing may be held in a receiving facility or program where the person is detained or residing. (2) A copy of the petition shall be served upon the person sought to be additionally committed, along with a copy forwarded to any attorney who may have represented or may have been appointed to represent the person at the initial hearing. (d) All testimony shall be recorded under oath and preserved. (e) The need for additional commitment shall be proven by clear and convincing evidence.

Ark. Code Ann. § 20-64-825 Voluntary status.

(a) At any time during detention, the person may be converted to voluntary status if the person's certified substance abuse counselor files a written statement of consent with the court. The court shall dismiss the petition immediately upon the filing of said statement. (b) If, upon evaluation, the certified substance abuse counselor determines that the person is not addicted to alcohol or drugs or would benefit by an alternative method of treatment, the counselor shall file a copy of the evaluation with the court along with a request for amendment of the court's order of detention.

Ark. Code Ann. § 20-64-826 Early release.

(a) If any person is released from detention before the expiration of the period of commitment, the court may condition the release upon the person's compliance with outpatient treatment for the time not to exceed the duration of the commitment order and at the receiving facility or program as may be specified by the court. (b) When in the opinion of the professional person in charge of the receiving facility or program providing involuntary treatment under this chapter, the committed patient can be appropriately served by less restrictive treatment before expiration of the period of commitment, then the less restrictive care may be provided.

Ark. Code Ann. § 20-64-827 Appeals.

All commitment orders authorized herein shall be considered final and appealable under Rule 2 of the Arkansas Rules of Appellate Procedure — Civil.

Ark. Code Ann. § 20-64-828 Presumption of competency.

No person admitted voluntarily or committed involuntarily to a receiving facility or program under this subchapter shall be considered incompetent per se by virtue of the admission or commitment.

Ark. Code Ann. § 20-64-829 False statements — Penalty.

Any person willfully making false statements on a petition for involuntary commitment, petition for involuntary commitment with request for continued detention, or petition for involuntary commitment with request for immediate detention, or who willfully makes false statements for the purpose of inducing another to bring such a petition, knowing the statements to be false, or with reckless disregard as to the truthfulness of the statements shall be guilty of a Class A misdemeanor.

Ark. Code Ann. § 20-64-830 Liability for treatment — Rules.

(a)(1) Any person legally obligated to support a person in treatment from a receiving facility or program shall pay to the receiving facility or program an amount to be fixed by the receiving facility or program as the cost for treatment. (2) The amounts shall be a debt of the obligor. (b)(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules specifying the amounts to be fixed as costs and establishing procedures for implementation of this section. (2) The rules shall set forth costs by reference to the income and assets of the obligor.

Ark. Code Ann. § 20-64-901 Purpose.

The purpose of this subchapter is to require all persons, partnerships, associations, or corporations holding themselves out to the public as alcohol and drug abuse treatment programs in the State of Arkansas to meet the licensure standards set by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, unless expressly exempted by this subchapter.

Ark. Code Ann. § 20-64-902 Definition.

An “alcohol and drug abuse treatment program” means a program that renders or offers to render to a person or group of persons any service that assists the person or group to develop an understanding of alcoholism and drug dependency problems and to define goals and plan courses of action reflecting the person's or group's interests, abilities, and needs as affected by alcoholism and drug dependency problems. The definition includes actions taken with the intent of the cessation of harmful or addictive use of alcohol or other drugs. It includes, but is not restricted to, one (1) or more of the following: (1) Counseling with individuals, families, or groups; (2) Helping persons or families obtain other services appropriate to alcoholism and drug abuse rehabilitation; and (3) Engaging in alcoholism and drug abuse research, education, or prevention through the administration of alcoholism and drug abuse counseling.

Ark. Code Ann. § 20-64-903 Authority — Exemptions — Current programs.

(a)(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt rules for the licensure of alcohol and drug abuse treatment programs in Arkansas. (2) All persons, partnerships, associations, or corporations establishing, conducting, managing, or operating and holding themselves out to the public as alcohol abuse, drug abuse, or alcohol and drug abuse treatment programs shall be licensed by the division unless expressly exempted under this subchapter. (3) No person, partnership, association, or corporation will be allowed to receive federal or state funds for treatment services until it has received a license. (b) The following programs and persons are exempted from the requirements of this subchapter: (1) Acute care, hospital-based alcohol and drug abuse treatment programs governed by §§ 20-9-201 and 20-10-213; (2) Members of the clergy, Christian Science practitioners, and licensed professionals working within the standards of their respective professions, including without limitation: (A) Attorneys; (B) Counselors; (C) Nurses; (D) Physicians; (E) Psychological examiners; (F) Psychologists; (G) School counselors; and (H) Social workers; (3) Treatment directly administered by the United States Department of Defense or any other federal agency; (4) Self-help or twelve-step programs such as Alcoholics Anonymous, Cocaine Anonymous, Narcotics Anonymous, Al-Anon, or Nar-Anon Family Groups; and (5) Faith-based treatment and recovery programs for substance abuse. (c)(1) The division shall license programs, other than methadone programs, that possess current unrestricted alcohol and drug abuse treatment program accreditation from the CARF International or the Council on Accreditation if the programs comply with the following license standards: (A) Clinical supervision; (B) Health and safety; (C) Physical plant; (D) Progress note development; (E) Treatment plan development; and (F) Treatment plan review. (2)(A) This subsection does not apply to methadone treatment programs operating in the State of Arkansas. (B) All methadone treatment programs shall be licensed by the division.

Ark. Code Ann. § 20-64-904 Licenses.

(a)(1) A person who immediately before July 28, 1995, was accredited to establish, conduct, manage, or operate an alcohol and drug abuse treatment program under former § 20-64-901 et seq., shall be issued a license under this subchapter without a fee. (2) The license shall be subject to be renewed at the time that the accreditation would have been due for renewal. (b)(1) Any person or program desiring to be licensed as an alcohol and drug abuse treatment program shall make application to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services on forms prescribed by the division and shall furnish the application information required by the division. (2)(A) Each application for licensure shall be accompanied by a nonrefundable license fee of seventy-five dollars ($75.00). (B) An additional fee will be paid by the entity seeking licensure at the end of the licensure review process for costs of the licensure review.

Ark. Code Ann. § 20-64-905 Renewal.

(a) Each alcohol and drug abuse treatment program licensure shall be renewed annually upon a payment of a fee of seventy-five dollars ($75.00) by January 30 of each year to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (b) If any person or program covered by this subchapter fails to make application for renewal of his, her, or its license within one (1) year after expiration of the license, the license of the person or entity shall be revoked. That person or entity shall not be issued a new license, unless the person or entity makes application therefor and meets all requirements for licensure in effect at the time the application is filed.

Ark. Code Ann. § 20-64-906 Disposition of funds.

(a) All application fees and accreditation costs will be paid to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (b) The division shall transfer the money to the State Treasury, and the money shall be specially designated for transfer to the Public Health Fund to cover maintenance and operation expenses incurred by the accreditation review process.

Ark. Code Ann. § 20-64-907 Reporting requirements.

(a) All persons, partnerships, associations, or corporations operating alcohol and drug abuse treatment programs in the State of Arkansas, whether licensed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or expressly exempted from licensure, shall be required to furnish such information at such times and in such form as may be required by the division. (b) The division shall promulgate rules and prescribe forms for the implementation of this section.

Ark. Code Ann. § 20-64-908 Appeal process.

(a) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have the power and authority to hear appeals regarding decisions by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services not to license an alcohol, drug, or alcohol and drug abuse treatment program under this subchapter. (b) All hearings and proceedings under this section shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Ark. Code Ann. § 20-64-909 Penalties.

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any alcohol, drug, or alcohol and drug abuse treatment program within the meaning of this subchapter without first obtaining licensure shall be guilty of a Class A misdemeanor and upon conviction shall be liable to a fine imposed pursuant to a Class A misdemeanor. (b) Each day that an alcohol and drug abuse treatment program shall operate after a first conviction shall be considered a Class D felony and upon conviction shall be liable to a fine imposed pursuant to a Class D felony.

Ark. Code Ann. § 20-64-912 Emergency medication kits — Definition.

(a) As used in this section, "emergency medication kit" means a kit containing medication that may be required for immediate therapeutic needs of a patient and that are not available from any other source in sufficient time to prevent risk of harm by delay. (b)(1) An alcohol and drug abuse treatment program, including a stand- alone detoxification facility or substance abuse treatment center, may maintain an emergency medication kit if the alcohol and drug abuse treatment program has a physician or other medical personnel on staff and is able to administer the controlled substances and noncontrolled legend drugs. (2)(A) The alcohol and drug abuse treatment program shall designate one (1) licensed pharmacy to supply and oversee the emergency medication kit. (B) The licensed pharmacy under subdivision (b)(2)(A) of this section shall be registered with the United States Drug Enforcement Administration and licensed by the Arkansas State Board of Pharmacy. (3) The emergency medication kit shall be: (A) Stored in a locked container or cabinet behind a locked door; and (B) Accessible only to licensed medical personnel. (4) The medication in the emergency medication kit shall only be administered by licensed medical personnel acting on the order of a physician or advanced practice registered nurse in compliance with 21 C.F.R. § 1306.11 and 21 C.F.R. § 1306.21. (5) All drugs administered from the kit shall be replaced within seventy-two (72) hours by the designated licensed pharmacy based on a prescription for the patient to whom the drugs were administered. (c) The Arkansas State Board of Pharmacy shall adopt rules regarding the emergency medication kit, including without limitation: (1) The contents of the emergency medication kit, which shall not contain a Schedule II controlled substance; (2) The quantity of each medication in the emergency medication kit; (3) The storage and security requirements for an emergency medication kit; and (4) The use and access of an emergency medication kit.

Ark. Code Ann. § 20-64-1001 Arkansas Drug Director.

(a)(1) There is created within the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services a position of Arkansas Drug Director. (2) The Arkansas Drug Director shall be appointed by the Governor and shall serve at the pleasure of the Governor. (3) The Arkansas Drug Director shall report to the Secretary of the Department of Human Services. (b) The Arkansas Drug Director shall serve as the coordinator for development of an organizational framework to ensure that alcohol and drug programs and policies are well planned and coordinated. (c) The Arkansas Drug Director, in cooperation with the Department of Finance and Administration, shall perform financial monitoring of each drug task force of the state to ensure that grant funds are being expended according to law and to ensure that the drug task force's financial record system is adequate to provide a clear, timely, and accurate accounting of all asset forfeitures, revenues, and expenditures. (d)(1) The Arkansas Drug Director shall maintain an office at a location to be determined by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. All records required by law to be kept by the Arkansas Drug Director shall be maintained at the office. (2) The Arkansas Drug Director is authorized to establish and enforce rules regarding the management of the Special State Assets Forfeiture Fund and the maintenance and inspection of drug task force records concerning asset forfeitures, revenues, expenditures, and grant funds. (3) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to hire employees to assist in these functions.

Ark. Code Ann. § 20-64-1002 Arkansas Alcohol and Drug Abuse Coordinating Council — Creation.

(a) There is hereby established the Arkansas Alcohol and Drug Abuse Coordinating Council, hereafter referred to in this subchapter as the “coordinating council”. (b) The coordinating council shall be composed of twenty-seven (27) members as follows: (1) Thirteen (13) members of the coordinating council shall be administrative officers of the following agencies, or their appropriate designees, confirmed by gubernatorial appointment: (A) The Arkansas Drug Director, who shall serve as Chair of the Arkansas Alcohol and Drug Abuse Coordinating Council; (B) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (C) The Director of the Division of Arkansas State Police; (D) The Commissioner of Elementary and Secondary Education; (E) The Director of the Arkansas Department of Transportation; (F) The Director of the Division of Correction; (G) The Secretary of the Department of Finance and Administration; (H) The Adjutant General of the Arkansas National Guard; (I) The Attorney General; (J) The Director of the State Crime Laboratory; (K) The Director of the Office of Alcohol Testing of the Department of Health; (L) The Director of the Administrative Office of the Courts; and (M) The Director of the Division of Community Correction; and (2) The following persons shall be appointed by the Governor for three-year terms and will not serve more than two (2) consecutive terms: (A) One (1) police chief, one (1) county sheriff, and one (1) drug court judge; (B) A prosecuting attorney; (C) A private citizen not employed by the state or the United States Government; (D) A director of a publicly funded alcohol and drug abuse treatment program; (E) A school drug counselor; (F) A director of a drug abuse prevention program; (G) A director of a driving while intoxicated program; (H) A health professional; and (I) Four (4) members from the state at large who have demonstrated knowledge of or interest in alcohol and drug abuse prevention, at least two (2) of whom shall be recovering persons. (c) The coordinating council members may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (d) The coordinating council may appoint noncouncil members for PEER review of grants, and the PEER Review Committee members shall be entitled to reimbursement for actual expenses and mileage to be paid by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services from funds appropriated for its maintenance and operation. (e) A United States Attorney for Arkansas or his or her designee shall serve on the coordinating council in an advisory capacity.

Ark. Code Ann. § 20-64-1003 Arkansas Alcohol and Drug Abuse Coordinating Council — Functions, powers, and duties.

(a) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have the responsibility for overseeing all planning, budgeting, and implementation of expenditures of state and federal funds allocated for alcohol and drug education, prevention, treatment, and law enforcement. (b) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have the following functions, powers, and duties: (1) All federal money received by the State of Arkansas for drug law enforcement, education, or prevention shall be reviewed by the Arkansas Alcohol and Drug Abuse Coordinating Council for disbursement, accountability, and evaluation; and (2) The Arkansas Alcohol and Drug Abuse Coordinating Council shall review and coordinate all school-based drug education, prevention, and awareness programs and efforts funded by the state. (c) The Arkansas Alcohol and Drug Abuse Coordinating Council shall assist community-based prevention councils in planning and coordinating prevention activities, promoting innovative programs, developing stable funding sources, and disseminating current information. These local councils should be racially balanced and shall include at least one (1) representative from each of the following groups: (1) One (1) law enforcement officer; (2) One (1) school board member; (3) One (1) school administrator; (4) One (1) school teacher; (5) One (1) parent; (6) One (1) student; (7) One (1) alcohol and drug abuse program director; and (8) One (1) health professional. (d) The Arkansas Alcohol and Drug Abuse Coordinating Council shall develop training and education programs for criminal justice personnel in drug-related matters in conjunction with the Division of Law Enforcement Standards and Training. (e)(1) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have authority to develop its rules of procedure to include the establishment of a committee structure for the approval of funding and other purposes. (2) Committees shall include without limitation a prevention, education, and treatment committee chaired by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and a law enforcement committee. (f) The Arkansas Alcohol and Drug Abuse Coordinating Council shall establish advocacy groups among the business community and youth population of this state. (g) The Arkansas Alcohol and Drug Abuse Coordinating Council shall work with all federal, state, county, and local law enforcement agencies to ensure an integrated system of enforcement activities. (h) The Arkansas Alcohol and Drug Abuse Coordinating Council shall perform other functions as may be necessary to carry out the functions, powers, and duties as set forth in this subchapter.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026