01-07 15:53 S.B. 69
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Medication Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
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LONG TITLE
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General Description:
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This bill addresses the acquisition of certain drugs by pharmaceutical entities.
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Highlighted Provisions:
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This bill:
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▸ defines terms, including "340B drug" and "pharmaceutical entity"; and
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▸ bans interfering with a pharmaceutical entity's acquisition of a 340B drug.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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31A-46-311, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 31A-46-311 is enacted to read:
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31A-46-311 . Prohibited actions with respect to a pharmaceutical entity.
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(1) As used in this section,
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(a) "340B entity" means an entity authorized to participate in the federal 340B drug
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discount program, as described in 42 U.S.C. Sec. 256b(a)(4).
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(b) "Manufacturer" means the same as that term is defined in Section 1927(k) of the
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Social Security Act.
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(c) "Pharmaceutical entity" means a:
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(i) pharmaceutical manufacturer;
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(ii) a person involved in the distribution of a pharmaceutical manufacturer's products,
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including a distributor or a third-party logistics provider; or
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(iii) an agent or affiliate of a person described in Subsection (1)(a) or (1)(b).
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(2) A pharmaceutical entity may not directly or indirectly restrict or prohibit: S.B. 69 01-07 15:53
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(a) a pharmacy from contracting with a 340B entity, including by denying the pharmacy
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access to a drug that is manufactured by the pharmaceutical entity;
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(b) a 340B entity from contracting with a pharmacy, including by denying the 340B
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entity access to a drug that is manufactured by the pharmaceutical entity;
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(c) the acquisition, dispensing, or delivery of a 340B drug to any location authorized by
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a 340B entity to receive the drug, unless prohibited by federal law; or
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(d) a 340B entity from receiving a 340B drug discount program pricing for a 340B drug,
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including by imposing a time limitation on a 340B entity to replenish or submit a
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claim for a 340B drug.
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(3) A pharmaceutical entity may not directly or indirectly:
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(a) require a 340B entity to purchase a 340B drug from a certain supplier if the
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pharmaceutical entity would otherwise permit the 340B entity to purchase a drug that
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is not a 340B drug from the supplier;
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(b) require a 340B entity to submit any claim data, utilization data, or information about
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a 340B entity's contracts with a third-party as a condition for allowing the acquisition
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of a 340B drug by, or delivery of a 340B drug to, a 340B entity, unless the data or
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information sharing is required by federal law; or
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(c) otherwise interfere with:
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(i) a contract between a pharmacy and a 340B entity; or
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(ii) the ability of a pharmacy and a 340B entity to enter into a contract.
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(4) Nothing in this section is to be construed to conflict with federal law.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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