§ 20-7-603. Definitions

As used in this subchapter:

1. (1)

   1. (A) “Arkansas Medicaid prescription drug program” means the prescription drug program that is a portion of the Title XIX Medicaid program for the State of Arkansas.

   2. (B) The Arkansas Medicaid prescription drug program includes any entity contracted with the Arkansas Medicaid prescription drug program and to which the Arkansas Medicaid Program has granted authority;

2. (2) “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;

3. (3) “Controlled substance” means a drug, substance, or immediate precursor in Schedules II-V;

4. (4) “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;

5. (5)

   1. (A) “Dispenser” means a practitioner who dispenses.

   2. (B) “Dispenser” does not include:

      1. (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;

      2. (ii) A wholesale distributor of Schedules II-V controlled substances; or

      3. (iii) A practitioner or other authorized person who administers a controlled substance;

6. (6) “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:

   1. (A) To a patient who resides in the other state; or

   2. (B) Prescribed by a practitioner whose principal place of business is located in the other state;

7. (7) “Investigation” means an active inquiry that is being conducted with a reasonable, good-faith belief that the inquiry:

   1. (A) Could lead to the filing of administrative, civil, or criminal proceedings; or

   2. (B) Is ongoing and continuing and a reasonable, good-faith anticipation exists for securing an arrest or prosecution in the foreseeable future;

8. (8) “Opioid” means a drug or medication that relieves pain, including without limitation:

   1. (A) Hydrocodone;

   2. (B) Oxycodone;

   3. (C) Morphine;

   4. (D) Codeine;

   5. (E) Heroin; and

   6. (F) Fentanyl;

9. (9) “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;

10. (10) “Practitioner” means:

    1. (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

    2. (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;

11. (11) “Prescribe” means to issue a direction or authorization, by prescription, permitting a patient lawfully to obtain a controlled substance;

12. (12) “Prescriber” means a practitioner or other authorized person who prescribes a Schedule II, III, IV, or V controlled substance;

13. (13) “Prescription” means a controlled substance lawfully prescribed and subsequently dispensed;

14. (14) “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;

15. (15) “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;

16. (16) “Schedule II” means controlled substances that are placed in Schedule II under § 5-64-205;

17. (17) “Schedule III” means controlled substances that are placed in Schedule III under § 5-64-207;

18. (18) “Schedule IV” means controlled substances that are placed in Schedule IV under § 5-64-209;

19. (19) “Schedule V” means controlled substances that are placed in Schedule V under § 5-64-211; and

20. (20) “Ultimate user” means a person who lawfully possesses a controlled substance for:

    1. (A) The person’s own use;

    2. (B) The use of a member of the person’s household; or

    3. (C) Administering to an animal owned by a person or by a member of the person’s household.