(a) The provisions of §§ 17-92-101, 17-92-103, 17-92-105, 17-92-205, 17-92-206, 17-92-303, 17-92-401, 17-92-402, 17-92-404, 17-92-405, 17-92-409, 17-92-410, 17-92-411, and 17-92-902 do not apply to the sale or distribution of dialysate or devices necessary to perform home peritoneal kidney dialysis to patients with end-stage renal disease if:
(1) The dialysate composed of dextrose or icodextrin or devices are:
(A) Approved or cleared by the United States Food and Drug Administration as required by federal law;
(B) Lawfully held by a manufacturer or a third-party logistics provider of the manufacturer that is properly registered with the Arkansas State Board of Pharmacy as a wholesale distributor or medical device provider;
(C) Held and delivered in original, sealed packaging from the manufacturing facility; and
(D) Delivered only by the manufacturer or a third-party logistics provider of the manufacturer and only upon receipt of a physician's order by a licensed pharmacy and the transmittal of an order from a licensed pharmacy to the manufacturer or a third-party logistics provider of the manufacturer; and
(2) The manufacturer or a third-party logistics provider of the manufacturer delivers the dialysate or devices directly to:
(A) A patient with end-stage renal disease or a designee for the self-administration of the dialysis therapy; or
(B) A healthcare provider or institution for administration or delivery of the dialysis therapy to a patient with end-stage renal disease.
(b)
(1) The board shall retain oversight of all other drugs for home peritoneal kidney dialysis with the exception of dialysate as described in subdivision (a)(1) of this section.
(2) All records of sales and distribution of dialysate to patients under this section shall be retained according to state law and rule of the board.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.