Stricken language would be deleted from and underlined language would be added to present law.
Act 990 of the Regular Session
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State of Arkansas As Engrossed: S4/3/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 583 3
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By: Senator C. Tucker 5
By: Representative J. Moore 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING MAXIMUM ALLOWABLE 9
COST LISTS RELATING TO PHARMACY SERVICES; TO CLARIFY 10
THAT A PHARMACY, PHARMACIST, OR BUSINESS PROVIDING 11
PHARMACY SERVICES MAY PURSUE A PRIVATE RIGHT OF 12
ACTION FOR VIOLATIONS RELATED TO THE LAWS CONCERNING 13
MAXIMUM ALLOWABLE COST LISTS; AND FOR OTHER PURPOSES. 14
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Subtitle 17
TO AMEND THE LAW CONCERNING MAXIMUM 18
ALLOWABLE COST LISTS RELATING TO 19
PHARMACY SERVICES. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 17-92-507, concerning Maximum Allowable 24
Cost Lists relating to pharmacy services, is amended to add an additional 25
subsection to read as follows: 26
(h)(1) A pharmacy, pharmacist, or business providing pharmacy services 27
may pursue a private right of action for violations of this section and for 28
provided remedies, including without limitation compensatory damages, actual 29
financial losses, and punitive damages under: 30
(A) The Deceptive Trade Practices Act, § 4 -88-101 et seq.; 31
(B) The Arkansas Pharmacy Benefits Manager Licensure Act, 32
§ 23-92-501 et seq.; and 33
(C) The Trade Practices Act, § 23 -66-201 et seq. 34
(2) In any private cause of action as described in subdivision 35
(h)(1) of this section, a prevailing pharmacy, pharmacist, or business 36 As Engrossed: S4/3/25 SB583
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providing pharmacy services may recover attorney's fees and all costs 1
incurred in pursuing the action. 2
(3) A pharmacy, pharmacist, or business providing pharmacy 3
services pursuing a violation of this section under the Trade Practices Act, 4
§ 23-66-201 et seq., may recover statutory damages of ten thousand dollars 5
($10,000) per violation. 6
(4) The private right of action created in this section does not 7
permit an action against any government, governmental agency, or governmental 8
official. 9
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/s/C. Tucker 11
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APPROVED: 4/22/25 14
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