everything you want to know (and don't) about arkansas politics

Republican Sponsorship
Healthcare

HB1732

To Require Wholesale Distributors Of Controlled Substances To Educate, Communicate, And Provide Due Process For Licensed Professionals Before Limiting Or Terminating Sales Of Controlled Substances; And To Declare An Emergency.

Failed

Last Action (May 1, 2023): Died on Senate Calendar at Sine Die adjournment.

Sponsors

AI-Generated Summary

House Bill 1732 mandates that pharmaceutical wholesale distributors in Arkansas follow specific due process procedures before limiting or terminating the sale of controlled substances to pharmacies or other licensed providers. The bill requires distributors to provide prior education, conduct onsite inspections, interview relevant staff, and provide written notice and an appeal process for any planned limitations on sales. It also grants the Arkansas State Board of Pharmacy oversight authority, requiring that any third-party compliance consultants used by distributors be approved by the board. Distributors are prohibited from taking punitive action against pharmacies based on their own internal allocation settings. Furthermore, the bill establishes transparency requirements, compelling distributors to explain why an order is flagged as suspicious and to provide a contact for dispute resolution. Violations of these provisions are subject to disciplinary action, including fines of at least $10,000. The bill declares an emergency, meaning it would take effect immediately upon enactment.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries of this bill are retail pharmacies and other licensed healthcare providers in Arkansas that handle controlled substances. By establishing a formal due process, these entities gain protection from potentially arbitrary or sudden terminations of drug shipments by wholesale distributors, which could otherwise disrupt their ability to serve patients. Additionally, the Arkansas State Board of Pharmacy benefits from expanded regulatory oversight, allowing them more direct involvement in disputes between distributors and pharmacies.

Who Might Suffer?

Pharmaceutical wholesale distributors are the primary group negatively impacted, as they face increased regulatory burdens, mandatory reporting, potential onsite inspection requirements, and the risk of significant fines for non-compliance. These distributors may see increased administrative costs associated with implementing the required due process, appeals, and board-approved consultation services. They also face a potential loss of autonomy in their efforts to mitigate risks related to drug diversion, as their internal decision-making processes regarding supply restrictions are now subject to state oversight and appeal.

Vote Records

Third Reading

April 3, 2023
Yea: 97 Nay: 0 NV: 3 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Deborah Ferguson Democrat House Yea
Charlene Fite Republican House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Josh Miller Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Milton Nicks Democrat House Yea
Marcus Richmond Republican House Yea
Vivian Flowers Democrat House Yea
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Yea
Cindy Crawford Republican House Yea
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House NV
Jamie Scott Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Yea
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House NV
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Yea
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea
Read Full Bill on arkleg.state.ar.us