AR
Arkansas Senate Bill SB58

Arkansas 2025 Regular Session

Arkansas Senate Bill SB58 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 52 of the Regular Session
3-*JMB134* 01-30-2025 11:25:38 JMB134
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5-State of Arkansas As Engrossed: S1/30/25 1
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3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 SENATE BILL 58 3
86 4
97 By: Senators J. Dismang, Irvin 5
108 By: Representatives Eubanks, Wardlaw 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO REMOVE THE PROHIBITION ON NONPROFIT, TAX 9
1412 EXEMPT, OR GOVERNMENTALLY -FUNDED HOSPITALS HOLDING A 10
1513 LICENSED PHARMACY PERMIT FOR THE SALE AT RETAIL OF 11
1614 DRUGS; AND FOR OTHER PURPOSES. 12
1715 13
1816 14
1917 Subtitle 15
2018 TO REMOVE THE PROHIBITION ON NONPROFIT, 16
2119 TAX EXEMPT, OR GOVERNMENTALLY-FUNDED 17
2220 HOSPITALS HOLDING A LICENSED PHARMACY 18
2321 PERMIT FOR THE SALE AT RETAIL OF DRUGS. 19
2422 20
2523 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
2624 22
27- SECTION 1. Arkansas Code § 17 -92-101, concerning definitions regarding 23
28-pharmacists and pharmacies, is amended to add an additional subdivision to 24
29-read as follows: 25
30- (27) "Hospital campus" means the main buildings of the hospital, 26
31-including areas and structures that are not strictly contiguous to the main 27
32-building, but excluding parking lots and other parcels dedicated to the 28
33-public's use. 29
34- 30
35- SECTION 2. Arkansas Code § 17 -92-403, concerning pharmacy permits and 31
36-exceptions, is amended to add an additional subsection to read as follows: 32
37- (i) The board shall provide for the issuance of retail pharmacy 33
38-permits to nonprofit, tax exempt, or governmentally funded hospitals that are 34
39-licensed by the Department of Health as a hospital under § 20 -9-213 and that 35
40-shall employ a licensed pharmacist -in-charge as provided by board rule. 36 As Engrossed: S1/30/25 SB58
25+ SECTION 1. Arkansas Code § 17 -92-607 is amended to read as follows: 23
26+ 17-92-607. Unlawful for hospital to hold licensed pharmacy permit — 24
27+Exceptions Hospitals holding a retail pharmacy permit . 25
28+ (a) It shall be unlawful for any A nonprofit, tax exempt, or 26
29+governmentally-funded hospital to may acquire direct or indirect interest in 27
30+or otherwise hold directly or indirectly a licensed pharmacy permit pursuant 28
31+to the provisions of under § 17-92-405, for the sale at retail of drugs and 29
32+medicines. 30
33+ (b)(1) However, this section does not prohibit any hospital having a 31
34+direct or indirect interest in or otherwise holding either directly or 32
35+indirectly a permit before March 28, 1975, from continuing to have an 33
36+interest in or holding the permit. 34
37+ (2) This section does not prohibit any hospital so holding a 35
38+permit before March 28, 1975, from receiving a renewal of the permit. 36 SB58
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46- SECTION 3. Arkansas Code § 17 -92-405, concerning retail pharmacy 2
47-permits and applications for retail pharmacy permits, is amended to add an 3
48-additional subsection to read as follows: 4
49- (d)(1) A nonprofit, tax exempt, or governmentally funded hospital 5
50-shall be provided a retail pharmacy permit within two hundred fifty yards 6
51-(250 yds.) of the hospital campus for: 7
52- (A) One (1) retail pharmacy permit per each hospital 8
53-pharmaceuticals services issued by the Arkansas State Board of Pharmacy; and 9
54- (B) One (1) retail pharmacy permit per one hundred (100) 10
55-beds as authorized under the hospital's license issued by the Department of 11
56-Health. 12
57- (2) Subdivision (d)(1) of this section does not prohibit or 13
58-limit a nonprofit, tax exempt, or governmentally funded hospital from owning 14
59-or operating any number of or from receiving a retail pharmacy permit for or 15
60-in conjunction with: 16
61- (A) Outpatient infusion facilities, including freestanding 17
62-infusion centers, ambulatory infusion centers, ambulatory infusions suites, 18
63-physician-based clinics, or home infusion therapy; or 19
64- (B) Freestanding retail pharmacies to serve as retail 20
65-community pharmacies to ensure network adequacy under § 23 -92-509(b)(2)(B). 21
66- 22
67- SECTION 4. Arkansas Code Title 17, Chapter 92, Subchapter 4, is 23
68-amended to add additional sections to read as follows: 24
69- 17-92-414. Patient freedom of choice. 25
70- A nonprofit, tax exempt, or governmentally funded hospital that holds a 26
71-retail pharmacy permit and participates in the 340B Drug Pricing Program 27
72-shall ensure that a patient who is eligible under the 340B Drug Pricing 28
73-Program who is seeking to obtain pharmaceutical supplies and services upon 29
74-discharge from a hospital emergency department, inpatient hospital, or 30
75-hospital outpatient clinic is informed that the patient has the freedom of 31
76-choice to obtain pharmaceutical supplies and services from the pharmacy of 32
77-his or her choice. 33
78- 34
79- 17-92-415 Pharmacy permit reporting. 35
80- The Arkansas State Board of Pharmacy shall report monthly to the 36 As Engrossed: S1/30/25 SB58
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83-
84-
85-Legislative Council: 1
86- (1) The number of pharmacy permit applications under § 17 -92-405 2
87-received for each of the following types of permits: 3
88- (A) A pharmacy permit; 4
89- (B) A specialty permit; 5
90- (C) A hospital pharmaceutical services permit; 6
91- (D) An ambulatory care center pharmacy permit; and 7
92- (E) A retail pharmacy permit; 8
93- (2) The number of pharmacy permit applications under § 17 -92-405 9
94-approved by the board for each of the following types of permits: 10
95- (A) A pharmacy permit; 11
96- (B) A specialty permit; 12
97- (C) A hospital pharmaceutical services permit; 13
98- (D) An ambulatory care center pharmacy permit; and 14
99- (E) A retail pharmacy permit; 15
100- (3) The total number of retail pharmacies licensed by the board; 16
101-and 17
102- (4) The total number of retail pharmacy closings in the state. 18
103- 19
104- SECTION 5. Arkansas Code § 17 -92-607 is repealed. 20
105- 17-92-607. Unlawful for hospital to hold licensed pharmacy permit — 21
106-Exceptions. 22
107- (a) It shall be unlawful for any nonprofit, tax exempt, or 23
108-governmentally funded hospital to acquire direct or indirect interest in or 24
109-otherwise hold directly or indirectly a licensed pharmacy permit pursuant to 25
110-the provisions of § 17 -92-405, for the sale at retail of drugs and medicines. 26
111- (b)(1) However, this section does not prohibit any hospital having a 27
112-direct or indirect interest in or otherwise holding either directly or 28
113-indirectly a permit before March 28, 1975, from continuing to have an 29
114-interest in or holding the permit. 30
115- (2) This section does not prohibit any hospital so holding a 31
116-permit before March 28, 1975, from receiving a renewal of the permit. 32
117- (3) This section does not prohibit dispensing drugs or 33
118-medications through a hospital pharmacy continuity of care endorsement or to 34
119-hospital employees and students. 35
120- 36 As Engrossed: S1/30/25 SB58
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41+ (3) This section does not prohibit dispensing modify or change 1
42+the ability of a hospital to dispense drugs or medications through a hospital 2
43+pharmacy continuity of care endorsement or to hospital employees and 3
44+students. 4
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