The proposed bill aims to regulate the practices of wholesale distributors of controlled substances and legend drugs in Arkansas, specifically preventing them from limiting or terminating sales to licensed professionals without following a defined process. The bill emphasizes the need for clarity and transparency in the distribution practices of pharmaceutical wholesalers, particularly those under federal injunctive relief since July 1, 2022. It mandates that any distributor wishing to limit or terminate sales must file a formal complaint with the relevant licensing board, detailing specific allegations and behaviors that warrant such actions. Additionally, it establishes a complaint-driven process for providers and pharmacies to respond to any complaints made against them.

Furthermore, the bill introduces strict penalties for violations, including a minimum fine of $100,000 for each infraction and potential revocation of the distributor's license. The Arkansas State Board of Pharmacy is tasked with adopting rules to implement these provisions and must file these rules by January 1, 2024. An emergency clause is included, highlighting the critical importance of controlled substance distribution to public health and safety, allowing the act to take effect immediately upon approval.

Statutes affected:
SB 274: 20-64-506