This bill amends existing laws regarding the licensing of retail pharmacies by nonprofit, tax-exempt, or governmentally funded hospitals in Arkansas. It removes the previous prohibition on these hospitals holding a licensed pharmacy permit, allowing them to acquire one retail pharmacy permit at each hospital location. Additionally, it establishes eligibility criteria for hospitals to obtain a retail pharmacy permit, specifying that hospitals providing inpatient services with a minimum average daily census of 24 patients can apply. The bill also outlines the conditions under which a hospital can operate a retail pharmacy, including proximity requirements and the necessity for 24/7 access to emergency medications.

Furthermore, the bill introduces new regulations concerning pharmacy contracting and conflicts of interest. It prohibits pharmacy permit holders from entering contracts that create financial incentives for patients to choose their services over others, thereby promoting fair competition. The Arkansas State Board of Pharmacy is tasked with investigating complaints related to these violations and has the authority to terminate permits for entities found in violation. The bill also clarifies that market-based cash pricing is not considered a financial incentive and mandates that entities participating in the 340B Drug Pricing Program allow other pharmacies to join in prospective cash savings plans.

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