This bill amends existing Arkansas law to allow hospitals to hold a licensed pharmacy permit for the retail sale of drugs, specifically permitting healthcare organizations licensed as hospitals to acquire one retail pharmacy permit at each hospital location. The previous prohibition on nonprofit, tax-exempt, or governmentally funded hospitals holding such permits has been revised to allow these entities to hold a single permit, provided they meet certain criteria, such as having a minimum average daily inpatient census of 24 patients. Additionally, the bill outlines specific requirements for the location of the pharmacy in relation to the hospital and mandates that hospitals with a retail pharmacy permit must ensure access to emergency medications 24/7.

Furthermore, the bill introduces new regulations regarding pharmacy contracting and conflicts of interest. It prohibits pharmacy permit holders from entering into contracts that financially incentivize patients in a way that creates an unfair advantage or limits patient choice. The Arkansas State Board of Pharmacy is tasked with investigating complaints related to these violations and has the authority to terminate pharmacy permits upon finding a violation. The bill also clarifies that market-based cash pricing is not considered a financial incentive under these regulations and ensures 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