The bill amends existing laws to allow hospitals, specifically those that are licensed and provide inpatient services with a minimum average daily census of 24 patients, to hold a retail pharmacy permit for the sale of drugs and medicines. It establishes that a hospital can only hold one retail pharmacy permit at each licensed location and sets specific requirements for the location of the pharmacy, including proximity to the hospital. Additionally, the bill outlines that hospitals with a retail pharmacy permit must provide access to emergency medications 24/7 and cannot apply for a permit if a retail pharmacy already exists within a certain distance that also offers emergency medication access.

Furthermore, the bill introduces new regulations regarding pharmacy contracting and conflicts of interest. It prohibits pharmacy permit holders from entering contracts with parent entities that create financial incentives for patients to choose their pharmacy over others, provide unequal reimbursement rates, or limit patient choice. The Arkansas State Board of Pharmacy is tasked with investigating complaints related to these violations and has the authority to terminate permits if violations are confirmed. The bill also clarifies that market-based cash pricing is not considered a financial incentive and mandates that entities involved in the 340B Drug Pricing Program allow other pharmacies to participate in cash savings plans.

Statutes affected:
SB 86: 17-92-607, 17-92-405