Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 176
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5 By: Senator D. Wallace
6 By: Representative Bragg
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8 For An Act To Be Entitled
9 AN ACT TO ALLOW PHARMACISTS TO TREAT CERTAIN HEALTH
10 CONDITIONS; AND FOR OTHER PURPOSES.
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13 Subtitle
14 TO ALLOW PHARMACISTS TO TREAT CERTAIN
15 HEALTH CONDITIONS.
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18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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20 SECTION 1. DO NOT CODIFY. Purpose.
21 It is the purpose of this act to authorize pharmacists in Arkansas to
22 test and screen for health conditions that the Centers for Medicare and
23 Medicaid Services has determined qualify for a waiver under the federal
24 Clinical Laboratory Improvement Amendments of 1988, the federal regulations
25 adopted, or any established screening procedures that can safely be performed
26 by a pharmacist.
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28 SECTION 2. Arkansas Code 17-92-101(17)(A)(x), concerning the
29 definition of "practice of pharmacy", is amended to read as follows:
30 (x)(a) Providing pharmacy care; and.
31 (b) A pharmacist may treat the following
32 conditions within the framework of a written protocol:
33 (1) Influenza;
34 (2) Pharynigitis caused by streptococcus
35 A;
36 (3) Lice;
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1 (4) Skin conditions, such as ringworm,
2 insect bites, and athlete's foot;
3 (5) Cold sores;
4 (6) Allergic rhinitis;
5 (7) Motion sickness; and
6 (8) Medication required for travel
7 including antimalarial prescription.
8 (c) A pharmacist shall only treat conditions
9 for which the pharmacist has tested and that are approved under this
10 subdivision (17)(A)(x)(c).
11 (d)(1) The Arkansas State Board of Pharmacy,
12 with consultation with the Arkansas State Medical Board, shall adopt by rule
13 a formulary of medicinal drugs that a pharmacist may prescribe for treatment
14 of conditions approved under this subdivision (17)(A)(x)(d) and an
15 accompanying treatment protocol.
16 (2) The formulary shall include
17 medicinal drugs approved by the United States Food and Drug Administration
18 which are indicated for treatment of these conditions, including without
19 limitation any over-the-counter medication.
20 (3) The formulary shall not include any
21 controlled substance in Schedule I-IV or 21 U.S.C. 812, as existing on
22 January 1, 2021; and
23
24 SECTION 3. Arkansas Code Title 17, Chapter 92, Subchapter 1, is
25 amended to add an additional section to read as follows:
26 17-92-118. Point-of-care treatment.
27 A pharmacist who tests for conditions under 17-92-101(17)(A)(x)
28 shall:
29 (1) Hold a license to practice pharmacy in this state;
30 (2) Report a diagnosis or suspected existence of influenza to
31 the Department of Health;
32 (3) Furnish patient records to a healthcare practitioner
33 designated by the patient upon the request of the patient; and
34 (4) Maintain records of all patients receiving services under
35 this section for two (2) years.
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1 SECTION 4. DO NOT CODIFY. Effective date.
2 This act takes effect on and after January 1, 2022.
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Statutes affected:
SB 176: 17-92-101(17)