Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H2/1/23 H3/15/23
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1311
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5 By: Representative L. Johnson
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7 For An Act To Be Entitled
8 AN ACT TO AMEND THE PROHIBITION OF NONPROFIT, TAX
9 EXEMPT, OR GOVERNMENTALLY-FUNDED HOSPITALS FROM
10 HOLDING A LICENSED PHARMACY PERMIT FOR THE SALE OF
11 DRUGS AT RETAIL; AND FOR OTHER PURPOSES.
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14 Subtitle
15 TO AMEND THE PROHIBITION OF NONPROFIT,
16 TAX EXEMPT, OR GOVERNMENTALLY-FUNDED
17 HOSPITALS FROM HOLDING A LICENSED
18 PHARMACY PERMIT FOR THE SALE OF DRUGS AT
19 RETAIL.
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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24 SECTION 1. Arkansas Code § 17-92-101, concerning definitions regarding
25 pharmacists and pharmacies, is amended to add an additional subdivision to
26 read as follows:
27 (26) "Hospital campus" means the main buildings of the hospital,
28 including areas and structures that are not strictly contiguous to the main
29 building, but excluding parking lots and other parcels dedicated to the
30 public's use.
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32 SECTION 2. Arkansas Code § 17-92-605, concerning hospital pharmacy
33 licenses and services permitted with a hospital pharmacy license, is amended
34 to add an additional subsection to read as follows:
35 (e) Any hospital serving as a covered entity under Section 340B(a)(4)
36 of the Public Health Service Act may offer a written contract to at least one
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1 (1) pharmacy licensed in the State of Arkansas to dispense 340B drugs to
2 patients through contract pharmacy services if:
3 (1) The covered entity conducts a business review and patient
4 assessment that determines the need for contract pharmacy services;
5 (2) The contract pharmacy that is offered a contract under this
6 subsection has the appropriate distribution mechanism to dispense drugs
7 through the 340B program on behalf of the covered entity; and
8 (3) Auditable records are maintained to demonstrate compliance
9 with 340B program requirements for as long as required by federal and state
10 law by the covered entity and any contract pharmacy that accepts the contract
11 terms.
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13 SECTION 3. Arkansas Code § 17-92-607 is amended to read as follows:
14 17-92-607. Unlawful for hospital to hold licensed pharmacy permit —
15 Exceptions Nonprofit hospital holding retail pharmacy license.
16 (a)(1) It shall be unlawful for any nonprofit, tax exempt, or
17 governmentally funded hospital to acquire direct or indirect interest in or
18 otherwise hold directly or indirectly a licensed pharmacy permit pursuant to
19 the provisions of § 17-92-405, for the sale at retail of drugs and medicines
20 A nonprofit, tax exempt, or governmentally funded hospital may hold a
21 pharmacy permit under § 17-92-405 for the sale at retail of drugs and
22 medicines if the hospital-operated retail pharmacy is licensed at:
23 (A) One (1) location on a hospital campus of a nonprofit,
24 tax exempt, or governmentally funded hospital with fewer than one thousand
25 (1,000) employees; or
26 (B) Up to three (3) locations on a hospital campus of a
27 nonprofit, tax exempt, or governmentally funded hospital with one thousand
28 (1,000) or more employees.
29 (2) A nonprofit, tax exempt, or governmentally funded hospital
30 with multiple hospital campuses may apply for pharmacy permits under § 17-92-
31 405 for each hospital campus.
32 (b)(1) However, nothing contained in this section shall be construed
33 to This section does not prohibit any hospital having a direct or indirect
34 interest in or otherwise holding either directly or indirectly a permit
35 before March 28, 1975, from continuing to have an interest in or holding the
36 permit.
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1 (2) This section does not Nothing contained in this section
2 shall be construed to prohibit any hospital so holding a permit before March
3 28, 1975, from receiving a renewal of the permit.
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Statutes affected: Old version HB1311 V3 - 3-15-2023 10:03 AM: 17-92-101, 17-92-605
HB 1311: 17-92-101, 17-92-605