Unofficial Draft Copy
**** As of: 11/18/2024, 01:59:28
69th Legislature 2025 Drafter: Chanan Brown, **** LC 0578
1 **** BILL NO. ****
2 INTRODUCED BY ****
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING UNFAIR TRADE PRACTICES AND CONSUMER
5 PROTECTIONS IN THE ACQUISITION AND DELIVERY OF PRESCRIPTION DRUGS UNDER THE
6 FEDERAL 340B PROGRAM; PROHIBITING INTERFERENCE BY PRESCRIPTION DRUG
7 MANUFACTURERS AND DISTRIBUTORS; PROVIDING FOR ENFORCEMENT AUTHORITY BY THE
8 DEPARTMENT OF JUSTICE; PROVIDING RULEMAKING AUTHORITY; AND PROVIDING DEFINITIONS.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 NEW SECTION. Section 1. Definitions. As used in [section 2], unless the context clearly indicates
13 otherwise, the following definitions apply:
14 (1) "Department" means the department of justice provided for in 2-15-2001.
15 (2) "Distributor" has the meaning of "wholesale distributor" provided in 37-7-602.
16 (3) "Federally certified health entity" or "covered entity" means a 340B covered entity as described in
17 42 U.S.C. 256b(a)(4).
18 (4) "Manufacturer" has the meaning provided in 37-7-602.
19
20 NEW SECTION. Section 2. Prohibition of actions by manufacturers and distributors of
21 prescription drugs. (1) A manufacturer or distributor shall not deny, restrict, prohibit, or otherwise interfere
22 with, either directly or indirectly, the acquisition of a 340B drug by, or delivery of a 340B drug to, a pharmacy
23 that is under contract with a federally certified health entity and is authorized under such contract to receive and
24 dispense 340B drugs on behalf of the covered entity, unless such receipt is prohibited by the United States
25 department of health and human services.
26 (2) A manufacturer or distributor shall not interfere with a pharmacy contracted with a covered
27 entity.
28
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 Unofficial Draft Copy
**** As of: 11/18/2024, 01:59:28
69th Legislature 2025 Drafter: Chanan Brown, **** LC 0578
1 NEW SECTION. Section 3. Violations -- enforcement by the department. (1) Any act prohibited by
2 [section 2] is an unlawful practice under 30-14-103. A person who violates [section 2] is subject to any
3 enforcement action available under Title 30, chapter 14, part 1, including investigative demands, remedies, and
4 penalties, except there shall be no right to bring an individual action under 30-14-133. A violation occurs each
5 time an act in violation of [section 2] is committed.
6 (2) The department may use any authority granted to it by Title 30, chapter 14, part 1 to enforce
7 the provisions of [section 2] or to investigate suspected violations of any provision of [section 2].
8
9 NEW SECTION. Section 4. Rulemaking authority. The department may adopt rules implementing
10 [sections 2-3].
11
12 NEW SECTION. Section 5.Section 6. Codification instruction. [Sections 1 through 4] are intended
13 to be codified as an integral part of Title 30, chapter 14, and the provisions of Title 30, chapter 14, apply to
14 [sections 1 through 4].
15 - END -
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