StrickenHall languageof wouldthe beHouse deletedof fromRepresentatives and93rd underlinedGeneral languageAssembly would- beRegular addedSession, to2021 presentAmendment law.Form ______________________________________________________________________ Subtitle of Senate Bill No.

State617 ofTO ArkansasREQUIRE AsWRITTEN Engrossed:CONSENT OF A PATIENT TO TRANSFER A PRESCRIPTION FROM A PHARMACY;

S4/19/21TO H4/26/21REQUIRE 93rdCERTAIN GeneralDISCLOSURES AssemblyOF AOWNERSHIP BillINTEREST RegularOR Session,POSSIBLE 2021CONFLICTS SENATEOF BILLINTEREST; 617 5 By:

SenatorsAND Rapert,TO Bledsoe,PROHIBIT Caldwell,DATA Elliott,MINING K.OF PATIENT INFORMATION.

Hammer,______________________________________________________________________ K.Amendment No.

Ingram,1 Irvinto By:Senate Bill 617 Amend Senate Bill No.

Representatives617 M.as engrossed S4/19/21 (version:

04/19/2021 1:40:41 PM):

Delete Representatives L.

Johnson, M.

Davis, Evans, D.

Ferguson, V.

Flowers, M.

Hodges, Murdock as cosponsors of the bill AND Add Representatives M.

Gray, M.

Johnson, Murdock 9as Forcosponsors Anof Actthe Tobill BeAND EntitledAdd ANSenator ACTIrvin TOas REQUIREa WRITTENcosponsor CONSENTof OFthe Abill PATIENTAND TOPage TRANSFER3, Adelete PRESCRIPTIONline FROM4, Aand PHARMACY;substitute the following:

TO"or REQUIREmail DISCLOSUREany BYprescription Amedications PHARMACYto BENEFITSthe MANAGER,patient. HEALTHCARE INSURER, PHARMACY, PHARMACIST, PHYSICIAN, OR HOSPITAL OF OWNERSHIP INTEREST OR POSSIBLE CONFLICTS OF INTEREST;

TO PROHIBIT DATA MINING OF PATIENT INFORMATION BY PHARMACY BENEFITS MANAGERS, HEALTHCARE INSURERS, PHARMACIES, AND PHARMACISTS;

AND FOR OTHER PURPOSES.

Subtitle TO REQUIRE WRITTEN CONSENT OF A PATIENT TO TRANSFER A PRESCRIPTION FROM A PHARMACY;

TO REQUIRE CERTAIN DISCLOSURES OF OWNERSHIP INTEREST OR POSSIBLE CONFLICTS OF INTEREST;

AND TO PROHIBIT DATA MINING OF PATIENT INFORMATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION 1.

Arkansas Code Title 17, Chapter 92, Subchapter 1, is amended to add an additional section to read as follows:

17-92-118.

New prescription requests and new refill requests from prescriber.

(a) A pharmacy, pharmacist, employee of a pharmacy, or entity who owns *JMB352* 04-26-2021 13:48:59 JMB352 As Engrossed:

S4/19/21 H4/26/21 SB617 or controls, is owned or controlled by, or is under ownership or control with an insurance company, health clinic, rural health center, federally qualified health center, pharmacy benefits manager, pharmaceutical manufacturer, pharmaceutical wholesaler, or pharmacy benefits manager affiliate shall not request or solicit:

(1) Refill requests for prescription medications from a prescriber for a patient who has not previously filled prescriptions with the pharmacy without express written consent for each individual prescription requested;

or (2) New prescription medications from a prescriber for a patient who has not previously filled prescriptions with the pharmacy without express written consent for each individual prescription requested.

(b)(1) When a physician or other licensed prescriber authorizes or provides new prescriptions or refill medications to a pharmacy that is not physically located in this state or to a pharmacy that utilizes common carriers to deliver medications through the mail for a new patient who has not previously received pharmacist services or prescriptions filled through that pharmacy, that pharmacy shall:

(A) Establish a professional relationship between a pharmacist and the patient by telephone or telemedicine consult;

(B) Obtain express consent to provide pharmacist services before any prescription medication being processed, filled, mailed, or delivered to a patient;

and (C) Include communication to the patient about:

(i) The address and physical city and state of the pharmacy;

(ii) The name of the licensed pharmacist who will be providing services;

(iii) The telephone number and website for the pharmacy;

(iv) Expectations for time of delivery of prescription medications;

and (v) Disclosure of any conflicts of interest including common ownership of the pharmacy by a health care insurer, pharmacy benefit manager, medical clinic, federal qualified health center, rural health center, hospital, pharmaceutical wholesaler, or pharmaceutical 04-26-2021 13:48:59 JMB352 As Engrossed: