Ark. Code Ann. » Title 5 Chapter 64
Arkansas Code Annotated

Ark. Code Ann. § 5-64-308 (2026)

Prescriptions — Mandatory electronic prescribing. [Effective on contingent effective date as stated in Acts 2019, No. 447, § 2]

✓ current as of May 2026
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  1. A prescription for a controlled substance included in Schedule III or Schedule IV shall not be filled or refilled more than six (6) months after the date of the prescription or be refilled more than five (5) times unless renewed by the practitioner.
  2. A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose.
  3. Except as provided in subsection (d) of this section, a practitioner shall not issue a prescription for a controlled substance included in Schedule II through Schedule VI unless the prescription is made by electronic prescription from the practitioner issuing the prescription to a pharmacy.
  4. A practitioner may issue a prescription for a controlled substance included in Schedule II through Schedule VI by written, oral, or faxed method if issued:
    1. By:
      1. A veterinarian; or
      2. A practitioner:
        1. To be dispensed by a pharmacy located outside of the state;
        2. For a controlled substance for which the United States Food and Drug Administration requires the prescription to contain certain elements that are not captured through electronic prescribing methods;
        3. For the dispensing of a nonpatient-specific prescription under a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, or in response to a public health emergency or other circumstances in which the practitioner may issue a nonpatient-specific prescription;
        4. For a controlled substance under a research protocol;
          1. Who has received a waiver or a renewal of a waiver for a specified time period from the electronic prescription requirement due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstances demonstrated by the practitioner.
          2. A practitioner who has received a waiver from the United States Department of Health and Human Services shall have a valid waiver in this state; or
        6. Under circumstances in which the practitioner reasonably determines that obtaining the controlled substances in a timely manner is impractical through electronic prescription and the delay would adversely impact the medical condition of the patient;
    2. In circumstances in which electronic prescribing is not available due to temporary technological or electrical failure; or
    3. When the practitioner and the dispenser are the same entity.
    1. A pharmacist or pharmacy that receives a written, oral, or faxed prescription for a controlled substance included in Schedule I through Schedule VI is not required to verify that the prescription properly falls under one (1) of the exceptions listed in subsection (d) of this section.
    2. A pharmacist may continue to dispense a controlled substance from an otherwise valid written, oral, or faxed prescription that is consistent with state law or rules or federal law and regulations.
  6. In addition to other penalties available under this chapter, a licensing board of a practitioner may impose a civil penalty of two hundred fifty dollars ($250) per violation of this section.
  7. This section does not apply to prescriptions written by a prescriber employed by or working under a professional services contract for the Division of Correction or the Division of Community Correction.

History. Acts 1971, No. 590, Art. 3, § 2; A.S.A. 1947, § 82-2616; Acts 2013, No. 1331, § 1; 2019, No. 447, § 1.

Amendments. The 2013 amendment deleted “Written” from the section heading; added “or the oral, faxed, or electronic prescription of a practitioner, if issued in compliance with federal law and regulations” to the end of (a); rewrote (b)(1) and (2); deleted (b)(3) and former (c); and redesignated former (d) as present (c).

Effective Dates. Acts 2019, No. 447, § 2. Contingent effective date clause provided: “This act is effective on and after the later of: (1) January 1, 2021; or (2) The certification by the Attorney General that the United States Department of Health and Human Services requires mandatory electronic prescribing”.For text of section effective until the contingency is met, see the bound volume.

Case Notes

Forfeiture.

In a case concerning the forfeiture of two vehicles, although one owner legally obtained controlled substances, his sale of them thereafter constituted a violation of the law prohibiting the dispensing of controlled substances without a written prescription. King v. State, 2014 Ark. App. 554, 447 S.W.3d 126 (2014).

Cited: Hales v. State, 299 Ark. 93, 771 S.W.2d 285 (1989).

Subchapter 4 — Uniform Controlled Substances Act — Prohibitions and Penalties

Publisher's Notes. Schedules I through VI referred to in this subchapter are partly codified and partly governed by administrative regulation. The Director of the Department of Health or his or her authorized agent revises and republishes the schedules annually. For a copy of the most recent rescheduling of controlled substances, contact the Department of Health.

For Comments regarding the Uniform Controlled Substances Act, see Commentaries Volume B.

Cross References. Simultaneous possession of drugs and firearms, § 5-74-106.

Effective Dates. Acts 1972 (1st Ex. Sess.), No. 67, § 9: Mar. 6, 1972. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is considerable confusion regarding the application and effect of Act 590 of 1971; that the penalties prescribed in Act 590 are in need of clarification; that the problem of drug abuse in this State is increasing at an alarming rate and that additional provisions are needed to assist in the enforcement of the provisions of Act 590; and that this Act is immediately necessary to provide such clarification and enforcement procedures for the protection of the public health and safety and therefore should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975 (Extended Sess., 1976), No. 1225, § 2: Feb. 12, 1976. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is considerable confusion regarding the application and effect of Act 590 of 1971 upon the manufacture, distribution, and dispensing of controlled substances and the penalty therefor; that existing provisions require deletion for clarification and for assistance in enforcement of the provisions of Act 590; and that this Act is immediately necessary to provide such clarification and enforcement procedures for the protection of the public health and safety and, therefore, should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 78, § 7: became law without Governor's signature, Feb. 15, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an increasing problem of drug abuse in the State of Arkansas and that in order to protect the public health and safety immediate steps must be taken to enact a comprehensive Drug Paraphernalia Act and the immediate passage of this Act is necessary to accomplish this purpose; therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force from and after its passage and approval.”

Acts 1981, No. 117, § 3: Feb. 19, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that theft of a controlled substance from a controlled premises should be included within the criminal penalties section of the Controlled Substances Act, and that this Act is immediately necessary to accomplish the same and thereby provide for the more effective and efficient enforcement of the Controlled Substances Act. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 787, § 10: Mar. 24, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an increasing problem of counterfeit substances in the State of Arkansas and that in order to protect the public health and safety, immediate steps must be taken to establish a system of punishment for those possessing or distributing such substances. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1987, No. 1013, § 3: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1225 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1268, § 11: Apr. 9, 1999. Emergency clause provided: “It is found and determined by the General Assembly that the illegal use of the drug methamphetamine has become a serious problem in this State; that, because the drug is relatively easy to make, many illegal methamphetamine labs are operating in the state; that this act increases penalties for drug paraphernalia used to manufacture methamphetamine; and that this act is immediately necessary to combat illegal drug production and use in this state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2013, No. 1460, § 17: effective on and after January 1, 2014.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

ALR.

Construction and Application of § 212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 U.S.C. § 1182(a)(2)(A)(i)(II)), and Predecessor Provision, Rendering Inadmissible Any Alien Convicted of, or Who Admits to, Violating Federal, State, or Foreign Laws Relating to Controlled Substances. 93 A.L.R. Fed. 2d 1 (2015).

U. Ark. Little Rock L.J.

Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L.J. 153.

Barrier, Render Unto Caesar: An Essay on Private Morals and Public Law, 4 U. Ark. Little Rock L.J. 511.

Case Notes

Cited: Barrington v. Norris, 49 F.3d 440 (8th Cir. 1995); Warren v. State, 59 Ark. App. 155, 954 S.W.2d 298 (1997); Bragg v. State, 328 Ark. 613, 946 S.W.2d 654 (1997); Bradford v. State, 328 Ark. 701, 947 S.W.2d 1 (1997); McGhee v. State, 330 Ark. 38, 954 S.W.2d 206 (1997); Burris v. State, 330 Ark. 66, 954 S.W.2d 209 (1997).

Notes of Decisions
Cited in 2 cases, 1989–2014 · leading case: Hales v. State, 771 S.W.2d 285 (Ark. 1989).
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Hales v. State, 771 S.W.2d 285 (Ark. 1989). · cites it 8× “See Ark. Code Ann. § 5-64-308 (a), (c), and (d) (1987).”
King v. State, 2014 Ark. App. 554 (Ark. Ct. App. 2014). · cites it 2× “Giving effect to the intent of the legislature, we hold that, although King legally obtained the controlled substances, what he did with them thereafter was in violation of Ark.Code Ann. § 5-64-308 (Supp.2011), which provides that, except when dispensed by a practitioner to an…”
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