(a) As used in this section, 'home delivery services' means providing medications from a pharmacy licensed in this state to a patient through any means other than the patient picking up the medication at the physical pharmacy location, including shipping, mailing, or delivering in any manner a dispensed legend drug.(b)(1) The Arkansas State Board of Pharmacy shall promulgate and maintain rules defining the standard of care for pharmacies and pharmacists that provide home delivery services in this state.(2) If a pharmacy or pharmacist owns or controls, is owned or controlled by, or is under ownership or control with an insurance company, pharmacy benefits manager, pharmaceutical manufacturer, pharmaceutical wholesaler, or pharmacy benefits manager affiliate, then the pharmacy, including any common ownership or controlling entities, or pharmacist, shall not require that a patient receive his or her prescriptions through home delivery services.(c) A pharmacy or pharmacist is not prohibited from charging a nominal fee for any home delivery service if the nominal fee is charged to the patient with his or her express consent.(d) The board may modify delivery standards to accommodate bited from charging a nominal fee for any home delivery service if the nominal fee is charged to the patient with his or her express consent.(d) The board may modify delivery standards to accommodate changes in technology and for other reasons.Added by Act 2021, No. 922,§ 1, eff. 7/28/2021.
Arkansas Legal Code