(a)
(1) The Arkansas State Board of Pharmacy shall adopt rules for the distribution of home medical equipment, legend devices, and medical gases which promote the public health and welfare and which comply with, at least, the minimum standards, terms, and conditions of federal laws and federal regulations.
(2) The rules shall include, without limitation:
(A) Minimum information from each home medical equipment, legend device, and medical gas supplier required for licensing and renewal of licenses;
(B) Minimum qualifications of persons who engage in the distribution of these products;
(C) Appropriate education or experience, or both, of persons employed in distribution of these products who assume responsibility for positions related to compliance with state licensing requirements;
(D) Minimum requirements for the storage and handling of these products;
(E) Minimum requirements for the establishment and maintenance of distribution records for these products; and
(F) Federal and state labeling requirements.
(b) State rules shall not apply to the following:
(1) Home health agencies;
(2) Hospitals;
(3) Manufacturers and wholesale distributors when not selling directly to the patient;
(4) Healthcare practitioners legally eligible to prescribe or order home medical equipment, medical gases, and legend devices;
(5) Medical doctors, physical therapists, respiratory therapists, occupational therapists, speech pathologists, optometrists, chiropractors, and podiatrists who use home medical equipment or legend devices, or both, to treat patients;
(6) Nurses who use but do not sell home medical equipment or legend devices, or both, to their patients;
(7) Hospice programs;
(8) Nursing homes; and
(9) Veterinarians.
(c) No rules promulgated to implement this subchapter shall be effective until they have been reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.
Structure Arkansas Code