The proposed bill, known as the Defense of Drug Delivery Act, aims to regulate the distribution of drugs under the federal 340B drug pricing program in Kansas. It prohibits manufacturers, third-party logistics providers, and repackagers from denying or restricting the delivery of 340B drugs to covered entities, unless such actions are mandated by federal or state law. The bill also stipulates that manufacturers cannot require covered entities to submit health information or other data as a condition for receiving 340B drugs, unless such information is voluntarily provided or required by law.
Additionally, the bill establishes a fund to be administered by the Kansas Attorney General, which will be financed by fines collected for violations of the act. The Attorney General is granted the authority to investigate complaints, impose civil penalties for violations, and work with the state board of pharmacy to enforce compliance. The act clarifies that limited distribution requirements under federal law do not constitute a violation of this act, and it ensures that the provisions of the act remain compatible with federal regulations. The act will take effect upon publication in the statute book.