§ 17-92-302 - Unlicensed practice -- Penalty.
17-92-302. Unlicensed practice -- Penalty.
(a) No person shall fill a prescription, compound medicines, or otherwise perform the function of a licensed pharmacist unless the person is:
(1) An Arkansas-licensed pharmacist, except students or graduates of a recognized college of pharmacy serving internship as provided by law and regulated by the Arkansas State Board of Pharmacy;
(2) A pharmacy technician performing the limited functions permitted under this chapter and regulations promulgated hereunder; or
(3) A hospital pharmacy technician as defined in 17-92-602 performing the limited functions permitted under that subchapter and regulations promulgated thereunder.
(b) Any person who is not an Arkansas-licensed pharmacist or a student serving internship or a pharmacy technician performing the limited functions permitted under this chapter and regulations promulgated hereunder or a hospital pharmacy technician as defined in 17-92-602 performing the limited functions permitted under that subchapter and regulations promulgated thereunder, who shall fill a prescription, compound or dispense medicine, or otherwise perform the functions of a pharmacist, shall be guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) or thirty (30) days' imprisonment, or both fine and imprisonment, for each succeeding offense thereafter.
(c) Each day that the person shall fill prescriptions, compound or dispense medicines, or otherwise perform the functions of a pharmacist shall constitute a separate offense.
(d) Any licensed pharmacist who shall aid, abet, or encourage any person to violate the provisions of this section shall have his or her license or permit revoked or suspended, within the discretion of the board.