Sponsor: Senator Bryan King

Arkansas Senate Bill 5, filed by Senator Bryan King, aims to create a new criminal offense called "prescription drug harm or homicide."

Key Provisions:

• New Offense: It would make it a crime for an executive officer of a pharmaceutical company to knowingly withhold information about a drug's dangerous effects, leading to someone's death or serious injury in Arkansas. This applies when the person was prescribed and used the drug in Arkansas.
• Penalty: The offense would be an unclassified felony punishable by 1 year to life in prison.
• Funding: The bill creates a "Prescription Drug Harm or Homicide Offense Fund" to support prosecuting these cases. The fund would receive money from federal grants, state appropriations, and other legal sources. The Attorney General would manage this fund.
• Sunset Provision: The entire act, including the new offense and the fund, would expire on December 31, 2026. After that, the relevant sections would be removed from the Arkansas Code, and any remaining money in the fund would go to the state's General Revenue Fund.

In essence, this bill seeks to hold pharmaceutical executives accountable for knowingly concealing dangers associated with their drugs when those drugs cause serious harm or death in Arkansas.

Differences Between SB 5 and SB 6

Both SB 5 and SB 6, introduced by Senator King, share a similar structure and intent but focus on different areas of pharmaceutical accountability. Here's a breakdown of their key differences:

SB 5: Prescription Drug Harm or Homicide

• Focus: Holds pharmaceutical executives criminally liable for withholding information about the dangerous effects of prescription drugs.
• Triggering Event: Harm occurs when someone is prescribed the drug and uses it in Arkansas.
• Fund: Creates the "Prescription Drug Harm or Homicide Offense Fund"

SB 6: Vaccine Harm

• Focus: Holds pharmaceutical executives criminally liable for withholding information about the dangerous effects of vaccines.
• Triggering Event: Harm occurs when someone receives the vaccine in Arkansas.
• Fund: Creates the "Vaccine Harm Offense Fund"

Similarities:

• Both bills define "executive officer" and "pharmaceutical company" identically.
• Both bills impose the same penalty: an unclassified felony with a prison sentence of 1 year to life.
• Both bills include a sunset provision, expiring on December 31, 2026, with any remaining funds in their respective funds transferring to the General Revenue Fund.

In summary: SB 5 targets harmful actions related to prescription drugs, while SB 6 focuses specifically on vaccines. Both aim to increase accountability within the pharmaceutical industry but address different types of products.