Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: S1/30/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 SENATE BILL 58
4
5 By: Senators J. Dismang, Irvin
6 By: Representatives Eubanks, Wardlaw
7
8 For An Act To Be Entitled
9 AN ACT TO REMOVE THE PROHIBITION ON NONPROFIT, TAX
10 EXEMPT, OR GOVERNMENTALLY-FUNDED HOSPITALS HOLDING A
11 LICENSED PHARMACY PERMIT FOR THE SALE AT RETAIL OF
12 DRUGS; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO REMOVE THE PROHIBITION ON NONPROFIT,
17 TAX EXEMPT, OR GOVERNMENTALLY-FUNDED
18 HOSPITALS HOLDING A LICENSED PHARMACY
19 PERMIT FOR THE SALE AT RETAIL OF DRUGS.
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code � 17-92-101, concerning definitions regarding
24 pharmacists and pharmacies, is amended to add an additional subdivision to
25 read as follows:
26 (27) "Hospital campus" means the main buildings of the hospital,
27 including areas and structures that are not strictly contiguous to the main
28 building, but excluding parking lots and other parcels dedicated to the
29 public's use.
30
31 SECTION 2. Arkansas Code � 17-92-403, concerning pharmacy permits and
32 exceptions, is amended to add an additional subsection to read as follows:
33 (i) The board shall provide for the issuance of retail pharmacy
34 permits to nonprofit, tax exempt, or governmentally funded hospitals that are
35 licensed by the Department of Health as a hospital under � 20-9-213 and that
36 shall employ a licensed pharmacist-in-charge as provided by board rule.
*JMB134* 01-30-2025 11:25:38 JMB134
As Engrossed: S1/30/25 SB58
1
2 SECTION 3. Arkansas Code � 17-92-405, concerning retail pharmacy
3 permits and applications for retail pharmacy permits, is amended to add an
4 additional subsection to read as follows:
5 (d)(1) A nonprofit, tax exempt, or governmentally funded hospital
6 shall be provided a retail pharmacy permit within two hundred fifty yards
7 (250 yds.) of the hospital campus for:
8 (A) One (1) retail pharmacy permit per each hospital
9 pharmaceuticals services issued by the Arkansas State Board of Pharmacy; and
10 (B) One (1) retail pharmacy permit per one hundred (100)
11 beds as authorized under the hospital's license issued by the Department of
12 Health.
13 (2) Subdivision (d)(1) of this section does not prohibit or
14 limit a nonprofit, tax exempt, or governmentally funded hospital from owning
15 or operating any number of or from receiving a retail pharmacy permit for or
16 in conjunction with:
17 (A) Outpatient infusion facilities, including freestanding
18 infusion centers, ambulatory infusion centers, ambulatory infusions suites,
19 physician-based clinics, or home infusion therapy; or
20 (B) Freestanding retail pharmacies to serve as retail
21 community pharmacies to ensure network adequacy under � 23-92-509(b)(2)(B).
22
23 SECTION 4. Arkansas Code Title 17, Chapter 92, Subchapter 4, is
24 amended to add additional sections to read as follows:
25 17-92-414. Patient freedom of choice.
26 A nonprofit, tax exempt, or governmentally funded hospital that holds a
27 retail pharmacy permit and participates in the 340B Drug Pricing Program
28 shall ensure that a patient who is eligible under the 340B Drug Pricing
29 Program who is seeking to obtain pharmaceutical supplies and services upon
30 discharge from a hospital emergency department, inpatient hospital, or
31 hospital outpatient clinic is informed that the patient has the freedom of
32 choice to obtain pharmaceutical supplies and services from the pharmacy of
33 his or her choice.
34
35 17-92-415 Pharmacy permit reporting.
36 The Arkansas State Board of Pharmacy shall report monthly to the
2 01-30-2025 11:25:38 JMB134
As Engrossed: S1/30/25 SB58
1 Legislative Council:
2 (1) The number of pharmacy permit applications under � 17-92-405
3 received for each of the following types of permits:
4 (A) A pharmacy permit;
5 (B) A specialty permit;
6 (C) A hospital pharmaceutical services permit;
7 (D) An ambulatory care center pharmacy permit; and
8 (E) A retail pharmacy permit;
9 (2) The number of pharmacy permit applications under � 17-92-405
10 approved by the board for each of the following types of permits:
11 (A) A pharmacy permit;
12 (B) A specialty permit;
13 (C) A hospital pharmaceutical services permit;
14 (D) An ambulatory care center pharmacy permit; and
15 (E) A retail pharmacy permit;
16 (3) The total number of retail pharmacies licensed by the board;
17 and
18 (4) The total number of retail pharmacy closings in the state.
19
20 SECTION 5. Arkansas Code � 17-92-607 is repealed.
21 17-92-607. Unlawful for hospital to hold licensed pharmacy permit --
22 Exceptions.
23 (a) It shall be unlawful for any nonprofit, tax exempt, or
24 governmentally funded hospital to acquire direct or indirect interest in or
25 otherwise hold directly or indirectly a licensed pharmacy permit pursuant to
26 the provisions of � 17-92-405, for the sale at retail of drugs and medicines.
27 (b)(1) However, this section does not prohibit any hospital having a
28 direct or indirect interest in or otherwise holding either directly or
29 indirectly a permit before March 28, 1975, from continuing to have an
30 interest in or holding the permit.
31 (2) This section does not prohibit any hospital so holding a
32 permit before March 28, 1975, from receiving a renewal of the permit.
33 (3) This section does not prohibit dispensing drugs or
34 medications through a hospital pharmacy continuity of care endorsement or to
35 hospital employees and students.
36
3 01-30-2025 11:25:38 JMB134
As Engrossed: S1/30/25 SB58
1 /s/J. Dismang
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
4 01-30-2025 11:25:38 JMB134Every fact on this page links to its source, starting with the official bill record.