This bill aims to prohibit pharmaceutical manufacturers from interfering in contracts between 340B entities and pharmacies. It amends existing law to include new provisions that define key terms such as "pharmaceutical manufacturer," "pharmacy," "340B drug," and "340B entity." The bill specifically states that pharmaceutical manufacturers cannot deny, restrict, or prohibit the acquisition or delivery of 340B drugs to authorized locations, unless such actions are mandated by federal law. Additionally, it 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 penalties for violations, categorizing offenses based on the monetary value involved, with penalties ranging from Class 1 misdemeanors to Class 5 felonies. It also allows 340B entities or pharmacies to file civil actions against pharmaceutical manufacturers for violations, seeking injunctive relief, actual and consequential damages, and reasonable attorneys' fees and costs. Overall, the legislation seeks to protect the integrity of contracts between 340B entities and pharmacies while ensuring that pharmaceutical manufacturers do not impose undue restrictions on the distribution of 340B drugs.

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