§ 31A-46-311 — Prohibited actions with respect to the 340B drug discount program.

(1) As used in this section,"manufacturer" means a pharmaceutical manufacturer, including an agent or affiliate of a pharmaceutical manufacturer.
(2) A manufacturer may not:
(2)(a) directly or indirectly restrict or prohibit:
(2)(a)(i) a pharmacy from contracting with a 340B entity, including by denying the pharmacy access to a drug that is manufactured by the manufacturer;
(2)(a)(ii) a 340B entity from contracting with a pharmacy, including by denying the 340B entity access to a drug that is manufactured by the manufacturer;
(2)(a)(iii) the acquisition, dispensing, or delivery of a 340B drug to any location authorized by a 340B entity to receive the drug, unless prohibited by federal law; or
(2)(a)(iv) a 340B entity from receiving 340B drug discount program pricing for a 340B drug, including by imposing a time limitation on a 340B entity to replenish or submit a claim for a 340B drug;
(2)(b) directly or indirectly:
(2)(b)(i) require a 340B entity to purchase a 340B drug from a supplier if the manufacturer would otherwise permit the 340B entity to purchase a drug that is not a 340B drug from the supplier; or
(2)(b)(ii) require a 340B entity to submit any claim data, utilization data, or information about a 340B entity's contracts with a third-party as a condition for allowing the acquisition of a 340B drug by, or delivery of a 340B drug to, a 340B entity, unless the data or information sharing is required by federal law; or
(2)(c) interfere with:
(2)(c)(i) a contract between a pharmacy and a 340B entity; or
(2)(c)(ii) the ability of a pharmacy and a 340B entity to enter into a contract.
(3) The Public Employees' Benefit and Insurance Program created in Section 49-20-103 may adjust the program's business practices to mitigate any financial impacts resulting from this section.
(4) Nothing in this section is to be construed to conflict with federal law.

Legislative History

Enacted by Chapter 514, 2025 General Session