Arkansas 2023 Regular Session

Arkansas Senate Bill SB7

Introduced
12/20/22  
Refer
1/9/23  
Refer
1/19/23  
Refer
1/30/23  
Report Pass
3/15/23  
Refer
3/16/23  
Report Pass
3/27/23  
Engrossed
3/28/23  
Refer
3/28/23  

Caption

To Add The Criminal Offense Of Prescription Drug Harm Or Homicide.

Impact

This legislation has the potential to significantly alter the legal landscape for pharmaceutical companies operating in the state. By introducing criminal liabilities for executives, SB7 aims to enhance consumer safety by holding top management accountable for the implications of their company's products. This could lead to a more cautious approach within the pharmaceutical sector regarding the marketing and disclosure of drug safety. If the bill is enacted, it might prompt pharmaceutical companies to reassess their risk management strategies and bolster compliance measures to avoid potential legal repercussions.

Summary

Senate Bill 7 introduces a new criminal offense termed 'prescription drug harm or homicide' that targets executives of pharmaceutical companies. This bill mandates that if an executive, who is aware of harmful effects of a prescription drug, conceals this information and a patient suffers serious injury or death as a result of using the drug, the executive can be charged with this offense. The proposed classification of this crime as an unclassified felony carries severe penalties, including possible life imprisonment, which underscores the bill's strict stance on accountability within the pharmaceutical industry.

Sentiment

The sentiment surrounding SB7 has been largely positive among public health advocates who view it as a necessary step towards increased accountability in the pharmaceutical industry. However, there are concerns from pharmaceutical companies and some legal experts who argue that the bill may create an overly punitive environment which discourages innovation and could lead to executives being unduly targeted for decisions made at potentially high risk. The debate reveals a clear divide between those prioritizing public health and safety and those concerned about business implications and economic consequences.

Contention

Notable points of contention around SB7 include the definition of culpability for pharmaceutical executives and the implications of holding individuals liable for corporate actions. Critics argue that the bill could lead to an environment of fear, potentially making executives hesitant to take necessary risks or make timely decisions about drug development and approval. Additionally, discussions about the bill's potential to drive up drug prices as companies might pass the costs of increased legal and compliance measures onto consumers have also surfaced, reflecting ongoing tensions in legislative attempts to balance public health and corporate interests.

Companion Bills

No companion bills found.

Previously Filed As

AR SB7

An Act For The Department Of Corrections - Post-prison Transfer Board Appropriation For The 2024-2025 Fiscal Year.

AR HB1024

An Act For The Department Of Human Services - Medicaid Tobacco Settlement Program Appropriation For The 2024-2025 Fiscal Year.

AR SB19

An Act For The Department Of Human Services - Division Of Medical Services Appropriation For The 2024-2025 Fiscal Year.

AR SB28

An Act For The Administrative Office Of The Courts Appropriation For The 2024-2025 Fiscal Year.

AR HB1064

An Act For The Department Of Finance And Administration Appropriation For The 2024-2025 Fiscal Year.

AR SB22

An Act For The University Of Arkansas - System And Various Divisions Appropriation For The 2024-2025 Fiscal Year.

AR SB44

An Act For The Department Of Health - Licensing And Regulation Boards Appropriation For The 2024-2025 Fiscal Year.

AR SB51

An Act For The University Of Arkansas For Medical Sciences Appropriation For The 2024-2025 Fiscal Year.

AR HB1045

An Act For The Department Of Labor And Licensing - Boards And Commissions Appropriation For The 2024-2025 Fiscal Year.

AR HB1065

An Act For The Department Of Finance And Administration - Disbursing Officer Appropriation For The 2024-2025 Fiscal Year.

Similar Bills

CA AB2789

Health care practitioners: prescriptions: electronic data transmission.

CA AB852

Health care practitioners: electronic prescriptions.

CA AB149

Controlled substances: prescriptions.

TX SB594

Relating to the regulation of prescriptions for controlled substances, including certain procedures applicable to electronic prescriptions for Schedule II controlled substances.

TX HB2246

Relating to certain procedures applicable to electronic prescriptions for Schedule II controlled substances.

TX HB2766

Relating to electronic and other controlled substance prescriptions under the Texas Controlled Substances Act; authorizing a fee.