25.1047.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Nelson, Mitskog, Murphy, Bahl, O'Brien
Senators Axtman, Dever, Lee
A BILL for an Act to create and enact a new subsection to section 43-15.3-08 of the North
Dakota Century Code, relating to prohibited acts of drug manufacturers; and to provide a
penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new subsection to section 43-15.3-08 of the North Dakota Century Code is
created and enacted as follows:
a.For purposes of this subsection:
(1)"Contract pharmacy" means a pharmacy that has a contract with a covered
entity to receive and dispense drugs to the covered entity's patients on its
behalf.
(2)"Covered entity" means an entity participating or authorized to participate in
a federal drug discount program under 42 U.S.C. 256b.
(3)"Drug" means a drug purchased under reduced pricing under section 340B
of the federal Public Health Service Act [42 U.S.C. 201 et seq.] by a covered
entity.
b.Except as otherwise provided under section 43-15.3-09, it is a class B
misdemeanor for a manufacturer, an agent or affiliate of that manufacturer, virtual
manufacturer, or third-party logistics provider of a manufacturer's drugs, to:
(1)Directly or indirectly deny, restrict, prohibit, or otherwise interfere with the
acquisition of a drug by a contract pharmacy on behalf of a covered entity
unless receipt of the drug is prohibited by federal law.
(2)Prohibit a contract pharmacy from dispensing a drug by denying access to
the drug.
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HOUSE BILL NO. 1473
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23 Sixty-ninth
Legislative Assembly
(3)Require a covered entity or contract pharmacy to submit any claims,
encounter, or utilization data as a condition for acquiring or receiving a drug,
unless the claims, encounter, or utilization data sharing is required by
federal law.
(4)Interfere with the ability of a covered entity or contract pharmacy to
dispense a drug to an eligible patient of the covered entity.
(5)Offer or otherwise make available a drug in the form of a rebate, unless in
the form of a discount at the time of sale and authorized under federal law.
c.This subsection does not apply to the limited distribution of a drug as required
under 21 U.S.C. 355-1.
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