This bill aims to prohibit pharmaceutical manufacturers from interfering in contracts between 340B entities and pharmacies, establishing specific legal definitions and penalties for violations. It amends existing law to include new provisions that define key terms such as "pharmaceutical manufacturer," "pharmacy," "340B drug," and "340B entity." The bill explicitly 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 introduces civil remedies for 340B entities and pharmacies, allowing them to file lawsuits against pharmaceutical manufacturers for violations of this act. They can seek injunctive relief, actual and consequential damages, as well as reasonable attorneys' fees and costs. The penalties for violations are categorized based on the monetary value involved, with acts under one thousand dollars classified as a Class 1 misdemeanor, while those exceeding one hundred thousand dollars are classified as either a Class 6 or Class 5 felony, depending on the amount.

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