Enrolled Copy S.B. 69
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Medication Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: Steve Eliason
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LONG TITLE
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General Description:
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This bill addresses the 340B drug discount program.
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Highlighted Provisions:
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This bill:
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▸ defines a term;
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▸ prohibits certain conduct by a pharmaceutical manufacturer with respect to the 340B drug
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discount program; and
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▸ permits the Public Employees' Benefit and Insurance Program to adjust its business
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practices to mitigate any resulting financial impacts.
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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 the 340B drug discount program.
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(1) As used in this section,"manufacturer" means a pharmaceutical manufacturer, including
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an agent or affiliate of a pharmaceutical manufacturer.
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(2) A manufacturer may not:
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(a) directly or indirectly restrict or prohibit:
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(i) a pharmacy from contracting with a 340B entity, including by denying the S.B. 69 Enrolled Copy
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pharmacy access to a drug that is manufactured by the manufacturer;
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(ii) 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 manufacturer;
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(iii) the acquisition, dispensing, or delivery of a 340B drug to any location authorized
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by a 340B entity to receive the drug, unless prohibited by federal law; or
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(iv) a 340B entity from receiving 340B drug discount program pricing for a 340B
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drug, including by imposing a time limitation on a 340B entity to replenish or
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submit a claim for a 340B drug;
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(b) directly or indirectly:
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(i) require a 340B entity to purchase a 340B drug from a supplier if the manufacturer
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would otherwise permit the 340B entity to purchase a drug that is not a 340B drug
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from the supplier; or
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(ii) require a 340B entity to submit any claim data, utilization data, or information
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about a 340B entity's contracts with a third-party as a condition for allowing the
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acquisition of a 340B drug by, or delivery of a 340B drug to, a 340B entity, unless
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the data or information sharing is required by federal law; or
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(c) 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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(3) The Public Employees' Benefit and Insurance Program created in Section 49-20-103
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may adjust the program's business practices to mitigate any financial impacts resulting
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from this section.
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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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