As used in this subchapter:
(1) "Certified law enforcement prescription drug diversion investigator" means a certified law enforcement officer assigned by his or her law enforcement agency to investigate prescription drug diversion and who has completed a certification course in prescription drug diversion approved by the Prescription Drug Monitoring Program Advisory Committee and certified by the Arkansas Commission on Law Enforcement Standards and Training;
(2) "Controlled substance" means a drug, substance, or immediate precursor in Schedules II-V;
(3) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including without limitation the prescribing, administering, packaging, labeling, or compounding necessary to prepare the controlled substance for that delivery;
(4) (A) "Dispenser" means a practitioner who dispenses.
(B) "Dispenser" does not include:
(i) A licensed hospital pharmacy when it is distributing controlled substances for the purpose of outpatient services, inpatient hospital care, or at the time of discharge from a hospital, except for a pharmacy owned by a hospital that has a retail pharmacy permit when the pharmacy is distributing controlled substances directly to the public;
(ii) A wholesale distributor of Schedules II-V controlled substances; or
(iii) A practitioner or other authorized person who administers a controlled substance;
(5) "Exchangeability" means the ability of the program to electronically share reported information with another state's prescription monitoring program if the information concerns the dispensing of a controlled substance either:
(A) To a patient who resides in the other state; or
(B) Prescribed by a practitioner whose principal place of business is located in the other state;
(6) "Investigation" means an active inquiry that is being conducted with a reasonable, good-faith belief that the inquiry:
(A) Could lead to the filing of administrative, civil, or criminal proceedings; or
(B) Is ongoing and continuing and a reasonable, good-faith anticipation exists for securing an arrest or prosecution in the foreseeable future;
(7) "Opioid" means a drug or medication that relieves pain, including without limitation:
(A) Hydrocodone;
(B) Oxycodone;
(C) Morphine;
(D) Codeine;
(E) Heroin; and
(F) Fentanyl;
(8) "Patient" means the person or animal who is the ultimate user of a controlled substance for whom a lawful prescription is issued and for whom a controlled substance is lawfully dispensed;
(9) "Practitioner" means:
(A) A physician, dentist, veterinarian, advanced practice nurse, physician assistant, pharmacist, scientific investigator, or other person licensed, registered, or otherwise permitted to prescribe, distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; and
(B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;
(10) "Prescribe" means to issue a direction or authorization, by prescription, permitting a patient lawfully to obtain a controlled substance;
(11) "Prescriber" means a practitioner or other authorized person who prescribes a Schedule II, III, IV, or V controlled substance;
(12) "Prescription" means a controlled substance lawfully prescribed and subsequently dispensed;
(13) "Prescription drug monitoring program" means a program that collects, manages, analyzes, and provides information regarding Schedule II, III, IV, and V controlled substances as provided under the Uniform Controlled Substances Act, § 5-64-101 et seq., §§ 5-64-1101 -- 5-64-1103, the Food, Drug, and Cosmetic Act, § 20-56-201 et seq., or §§ 20-64-501 -- 20-64-513;
(14) "Qualified law enforcement agency" means a law enforcement agency that has a certified law enforcement prescription drug diversion investigator and a chief, sheriff, or law enforcement chief executive officer who has successfully completed a certification course in prescription drug diversion approved by the commission;
(15) "Schedule II" means controlled substances that are placed in Schedule II under § 5-64-205;
(16) "Schedule III" means controlled substances that are placed in Schedule III under § 5-64-207;
(17) "Schedule IV" means controlled substances that are placed in Schedule IV under § 5-64-209;
(18) "Schedule V" means controlled substances that are placed in Schedule V under § 5-64-211; and
(19) "Ultimate user" means a person who lawfully possesses a controlled substance for:
(A) The person's own use;
(B) The use of a member of the person's household; or
(C) Administering to an animal owned by a person or by a member of the person's household.
Section: Previous 20-7-602 20-7-603 20-7-604 20-7-605 20-7-606 20-7-607 20-7-608 20-7-609 20-7-610 20-7-611 20-7-612 20-7-613 20-7-614 20-7-615 NextLast modified: November 15, 2016