This bill amends South Dakota law to prohibit pharmaceutical manufacturers from interfering in contracts between 340B entities and pharmacies. It introduces new provisions that prevent manufacturers from denying, restricting, or prohibiting the acquisition or delivery of 340B drugs to authorized locations, unless such actions are mandated by federal law. Additionally, the bill prohibits manufacturers from requiring 340B entities or pharmacies to submit claims or utilization data as a condition for acquiring or delivering 340B drugs, again unless required by federal law.

Furthermore, the bill establishes that 340B entities or pharmacies can file civil actions against pharmaceutical manufacturers for violations of this Act, seeking injunctive relief, actual and consequential damages, and reasonable attorneys' fees and costs. The bill also outlines definitions for key terms such as "pharmaceutical manufacturer," "pharmacy," "340B drug," and "340B entity," ensuring clarity in the application of these new regulations.

Statutes affected:
Introduced, 01/30/2025: 37-24-6
Senate Health and Human Services Engrossed, 02/19/2025: 37-24-6
Enrolled, 03/06/2025: 37-24-6