(a) As used in this section:(1) (A) “Permit” means a permit issued under § 17-92-405.(B) “Permit” includes a pharmacy permit for a mail-order pharmacy; and(2) (A) “Pharmacy benefits manager” means the same as defined in § 23-92-503.(B) “Pharmacy benefits manager” includes an entity that:(i) Is managed by a pharmacy benefits manager or is a subsidiary of a pharmacy benefits manager; or(ii) Has a direct or indirect ownership interest in a pharmacy benefits manager.
(1) (A) “Permit” means a permit issued under § 17-92-405.(B) “Permit” includes a pharmacy permit for a mail-order pharmacy; and
(A) “Permit” means a permit issued under § 17-92-405.
(B) “Permit” includes a pharmacy permit for a mail-order pharmacy; and
(2) (A) “Pharmacy benefits manager” means the same as defined in § 23-92-503.(B) “Pharmacy benefits manager” includes an entity that:(i) Is managed by a pharmacy benefits manager or is a subsidiary of a pharmacy benefits manager; or(ii) Has a direct or indirect ownership interest in a pharmacy benefits manager.
(A) “Pharmacy benefits manager” means the same as defined in § 23-92-503.
(B) “Pharmacy benefits manager” includes an entity that:(i) Is managed by a pharmacy benefits manager or is a subsidiary of a pharmacy benefits manager; or(ii) Has a direct or indirect ownership interest in a pharmacy benefits manager.
(i) Is managed by a pharmacy benefits manager or is a subsidiary of a pharmacy benefits manager; or
(ii) Has a direct or indirect ownership interest in a pharmacy benefits manager.
(b) A pharmacy benefits manager shall not acquire direct or indirect interest in, or otherwise hold, directly or indirectly, a permit under § 17-92-405 for the retail sale of drugs or medicines in this state.
(c) On and after January 1, 2026, the Arkansas State Board of Pharmacy shall either revoke or not renew a permit of an entity that violates this section.
(d) (1) The board may issue a limited use permit for certain rare, orphan, or limited distribution drugs that are otherwise unavailable in the market to a patient or a pharmacy that would otherwise be prohibited under this section.(2) (A) (i) The board may assess the need for rare, orphan, or limited distribution drugs for a limited use permit for certain rare, orphan, or limited distribution drugs under subdivision (d)(1) of this section before revocation or renewal of an existing retail permit for a pharmacy.(ii) If the assessment made by the board in subdivision (d)(2)(A)(i) of this section determines that a rare, orphan, or limited distribution drug is otherwise unavailable in the market to a patient or pharmacy that would otherwise be prohibited in this section, the board shall convert the retail permit for the prohibited pharmacy to a limited use permit for that pharmacy for a period of no less than ninety (90) days.(B) This subsection shall expire on September 1, 2027.(3) (A) Before January 1, 2026, the board shall adopt a written policy to implement subdivision (d)(1) of this section.(B) The written policy under subdivision (d)(3)(A) of this section shall establish:(i) The process in which a patient, pharmacy, or healthcare provider may notify the board of a rare, orphan, or limited distribution drug unavailable in the market;(ii) The process in which a pharmacy may request a limited use permit under subdivision (d)(1) of this section;(iii) The timeline in which the board must make a decision; and(iv) The process for emergency determinations due to patient need.
(1) The board may issue a limited use permit for certain rare, orphan, or limited distribution drugs that are otherwise unavailable in the market to a patient or a pharmacy that would otherwise be prohibited under this section.
(2) (A) (i) The board may assess the need for rare, orphan, or limited distribution drugs for a limited use permit for certain rare, orphan, or limited distribution drugs under subdivision (d)(1) of this section before revocation or renewal of an existing retail permit for a pharmacy.(ii) If the assessment made by the board in subdivision (d)(2)(A)(i) of this section determines that a rare, orphan, or limited distribution drug is otherwise unavailable in the market to a patient or pharmacy that would otherwise be prohibited in this section, the board shall convert the retail permit for the prohibited pharmacy to a limited use permit for that pharmacy for a period of no less than ninety (90) days.(B) This subsection shall expire on September 1, 2027.
(A) (i) The board may assess the need for rare, orphan, or limited distribution drugs for a limited use permit for certain rare, orphan, or limited distribution drugs under subdivision (d)(1) of this section before revocation or renewal of an existing retail permit for a pharmacy.(ii) If the assessment made by the board in subdivision (d)(2)(A)(i) of this section determines that a rare, orphan, or limited distribution drug is otherwise unavailable in the market to a patient or pharmacy that would otherwise be prohibited in this section, the board shall convert the retail permit for the prohibited pharmacy to a limited use permit for that pharmacy for a period of no less than ninety (90) days.
(i) The board may assess the need for rare, orphan, or limited distribution drugs for a limited use permit for certain rare, orphan, or limited distribution drugs under subdivision (d)(1) of this section before revocation or renewal of an existing retail permit for a pharmacy.
(ii) If the assessment made by the board in subdivision (d)(2)(A)(i) of this section determines that a rare, orphan, or limited distribution drug is otherwise unavailable in the market to a patient or pharmacy that would otherwise be prohibited in this section, the board shall convert the retail permit for the prohibited pharmacy to a limited use permit for that pharmacy for a period of no less than ninety (90) days.
(B) This subsection shall expire on September 1, 2027.
(3) (A) Before January 1, 2026, the board shall adopt a written policy to implement subdivision (d)(1) of this section.(B) The written policy under subdivision (d)(3)(A) of this section shall establish:(i) The process in which a patient, pharmacy, or healthcare provider may notify the board of a rare, orphan, or limited distribution drug unavailable in the market;(ii) The process in which a pharmacy may request a limited use permit under subdivision (d)(1) of this section;(iii) The timeline in which the board must make a decision; and(iv) The process for emergency determinations due to patient need.
(A) Before January 1, 2026, the board shall adopt a written policy to implement subdivision (d)(1) of this section.
(B) The written policy under subdivision (d)(3)(A) of this section shall establish:(i) The process in which a patient, pharmacy, or healthcare provider may notify the board of a rare, orphan, or limited distribution drug unavailable in the market;(ii) The process in which a pharmacy may request a limited use permit under subdivision (d)(1) of this section;(iii) The timeline in which the board must make a decision; and(iv) The process for emergency determinations due to patient need.
(i) The process in which a patient, pharmacy, or healthcare provider may notify the board of a rare, orphan, or limited distribution drug unavailable in the market;
(ii) The process in which a pharmacy may request a limited use permit under subdivision (d)(1) of this section;
(iii) The timeline in which the board must make a decision; and
(iv) The process for emergency determinations due to patient need.
(e) The board may extend the use of a retail permit or issue a renewal of a retail permit for a pharmacy that offers same-day patient access for pharmacist services, a prescription for a controlled substance, mental health services, or other critical patient healthcare services for a period of time as determined by the board if there is a pending sale of the pharmacy to an eligible buyer.
(f) This section does not apply to a pharmacy employer and a pharmacy that:(1) Has direct or indirect interest in a pharmacy benefits manager;(2) The pharmacy employer is the sole Arkansas client of the pharmacy benefits manager that the pharmacy employer has a direct or indirect interest in; and(3) Exclusively services the employees and dependents of the pharmacy employer while utilizing the affiliated pharmacy benefits manager in this state.
(1) Has direct or indirect interest in a pharmacy benefits manager;
(2) The pharmacy employer is the sole Arkansas client of the pharmacy benefits manager that the pharmacy employer has a direct or indirect interest in; and
(3) Exclusively services the employees and dependents of the pharmacy employer while utilizing the affiliated pharmacy benefits manager in this state.