Arkansas 2025 Regular Session Status: Enacted

SB 103 — TO CREATE THE PHARMACY NONDISCRIMINATION ACT; TO REQUIRE PHARMACY BENEFITS MANAGERS TO ACCEPT ANY PHARMACY OR PHARMACIST WILLING TO ACCEPT RELEVANT AND REASONABLE TERMS OF PARTICIPATION; AND TO DECLARE AN EMERGENCY.

Last action — Notification that SB103 is now Act 425

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 27, 2025. Enacted.

Signed by Governor Sarah Huckabee Sanders (Republican) on April 07, 2025.

Prognosis

Advancing 56% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    2 primary, 2 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1 added · 2 removed

Plain-language change summary

In the latest version of Bill SB 103, a specific clause referencing "Act 425 of the Regular Session" has been removed, while a new line has been added. This change likely means the bill is no longer tied to that previous act, which could affect how the bill is implemented or understood in context. This matters because it may impact the legal framework or guidelines that the bill operates under, potentially changing its effects on the community or specific groups.

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Act 425 of the Regular Session State of Arkansas As Engrossed:
State of Arkansas As Engrossed:
Penzo APPROVED:
Penzo 8 03-17-2025 14:25:27 ANS086
4/3/25 8 03-17-2025 14:25:27 ANS086
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How this bill changes current law

5 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends existing laws to establish requirements for pharmacy benefits managers to accept any pharmacy or pharmacist willing to meet specified terms, thereby promoting access and competition in pharmacy services.

  • Arkansas Code § 23-99-203(d)

    Pharmacists and pharmacies; → Pharmacists and pharmacies;

    This change maintains the inclusion of pharmacists and pharmacies in the definition of healthcare providers.

  • Arkansas Code § 23-99-802(4)

    Pharmacists and pharmacies; → Pharmacists and pharmacies;

    This change preserves the inclusion of pharmacists and pharmacies in the definition of healthcare providers under any willing provider laws.

  • Arkansas Code Title 23, Chapter 99, Subchapter 2

    23-99-211. Pharmacy benefits manager network participation — Definitions. (a) As used in this section: (1) "Pharmacist" means an individual licensed as a pharmacist by the Arkansas State Board of Pharmacy; (2) "Pharmacy" means the place licensed by the board in which drugs, chemicals, medicines, prescriptions, and poisons are compounded, dispensed, or sold at retail; (3) "Pharmacy benefits manager" means a person, business, or entity, including a wholly or partially owned or controlled subsidiary of a pharmacy benefits manager, that: (A) Provides claims processing services or other prescription drug or devices services, or both, for health benefit plans; and (B) Is licensed under the Arkansas Pharmacy Benefits Manager Licensure Act, § 23-92-502; (4)(A) "Pharmacy benefits manager network" means any network of pharmacists or pharmacies that are offered by an agreement or insurance contract to provide pharmacist services for health benefit plans. (B) "Pharmacy benefits manager network" includes any network delegated by the healthcare payor to the pharmacy benefits manager; (5) "Relevant and reasonable terms of participation" means terms and conditions that: (A) Are consistent with applicable state and federal law; (B) Are consistent with industry standards; and (C) Do not arbitrarily or discriminatorily exclude a qualified pharmacy or pharmacist.

    This addition establishes definitions related to pharmacy benefits manager networks and sets the groundwork for the participation requirements of pharmacies and pharmacists.

  • Arkansas Code Title 23, Chapter 99, Subchapter 2

    (b)(1) A pharmacy benefits manager shall not deny a pharmacy or pharmacist the opportunity to participate in the pharmacy benefits manager's network if the pharmacy or pharmacist: (A) Is licensed under the laws of this state; and (B) Agrees to accept and comply with the relevant and reasonable terms of participation as determined under this section.

    This addition mandates that pharmacy benefits managers cannot refuse participation to licensed pharmacies or pharmacists who comply with participation terms.

  • Arkansas Code Title 23, Chapter 99, Subchapter 2

    (d) A pharmacy benefits manager shall not: (1) Impose terms or conditions that do not meet the definition of "relevant and reasonable terms of participation" under this section; (2) Utilize reimbursement methodologies or contractual clauses intended to indirectly exclude a willing pharmacy or pharmacist from participation; or (3) Engage in a practice that discriminates against a pharmacy or pharmacist based on the pharmacy's or pharmacist's geographic location, size, or ownership structure, unless the geographic location, size, or ownership structure is directly relevant to patient care or network adequacy.

    This addition prohibits pharmacy benefits managers from using discriminatory practices against pharmacies and pharmacists based on certain characteristics.

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Notification that SB103 is now Act 425

  2. DELIVERED TO GOVERNOR.

  3. Reported correctly enrolled and ordered delivered to the Governor.

  4. ORDERED ENROLLED

  5. Returned from the House as passed.

  6. Returned to the Senate as passed.

  7. EMERGENCY CLAUSE ADOPTED

  8. Read the third time and passed and ordered transmitted to the Senate.

  9. Returned by the Committee Do Pass

  10. Read the first time, rules suspended, read the second time and referred to the Committee on INSURANCE & COMMERCE- HOUSE

  11. RECEIVED FROM THE SENATE

  12. Ordered immediately transmitted to the House.

  13. EMERGENCY CLAUSE ADOPTED

  14. Read the third time and passed.

  15. Returned by the Committee, with the recommendation that it Do Pass

  16. Re-referred to INSURANCE & COMMERCE - SENATE

  17. REPORTED CORRECTLY ENGROSSED

  18. Amendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.

  19. Withdrawn from Committee and placed on 2nd reading for purpose of amendment # 1

  20. Rules suspended.

  21. Read first time, rules suspended, read second time, referred to INSURANCE & COMMERCE - SENATE

  22. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 2 co-sponsors · 134 not signed on

Sponsors (2)

Co-sponsors (2)

Not signed on (134)

134 members have not signed on to this bill.

Show all 134 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 103?
SB 103 is sponsored by Mark Johnson, Missy Irvin, Robin Lundstrum, and Clint Penzo.
What is the current status of SB 103?
This bill has been enacted into law. Introduced January 27, 2025. Enacted.
Where can I track SB 103?
Track SB 103 free on One Click Politics — get push/email alerts when it moves.

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