Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 69 (2025GS)

Sponsor

Sen. Vickers, Evan J.

Final action

Became Law w/o Governor Signature 3/27/2025

Outcome

Became Law w/o Governor Signature

Summary

What it does

• This bill:
• defines a term;
• prohibits certain conduct by a pharmaceutical manufacturer with respect to the 340B drug discount program; and
• permits the Public Employees' Benefit and Insurance Program to adjust its business practices to mitigate any resulting financial impacts.

Every vote on this bill

Bill text

16
31A-46-311
Medication Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill addresses the acquisition of certain drugs by pharmaceutical entities.
Highlighted Provisions:
This bill:
defines terms, including "340B drug" and "pharmaceutical entity"; and
bans interfering with a pharmaceutical entity's acquisition of a 340B drug.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
31A-46-311
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
31A-46-311
 is enacted to read:
31A-46-311. Prohibited actions with respect to a pharmaceutical entity.
(1)
As used in this section,
(a)
"340B entity" means an entity authorized to participate in the federal 340B drug 
discount program, as described in 42 U.S.C. Sec. 256b(a)(4).
(b)
"Manufacturer" means the same as that term is defined in Section 1927(k) of the 
Social Security Act.
(c)
"Pharmaceutical entity" means a:
(i)
pharmaceutical manufacturer;
(ii)
a person involved in the distribution of a pharmaceutical manufacturer's products, 
including a distributor or a third-party logistics provider; or
(iii)
an agent or affiliate of a person described in Subsection 
(1)(a)
 or (1)(b).
(2)
A pharmaceutical entity may not directly or indirectly restrict or prohibit:
(a)
a pharmacy from contracting with a 340B entity, including by denying the pharmacy 
access to a drug that is manufactured by the pharmaceutical entity;
(b)
a 340B entity from contracting with a pharmacy, including by denying the 340B 
entity access to a drug that is manufactured by the pharmaceutical entity;
(c)
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
(d)
a 340B entity from receiving a 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.
(3)
A pharmaceutical entity may not directly or indirectly:
(a)
require a 340B entity to purchase a 340B drug from a certain supplier if the 
pharmaceutical entity would otherwise permit the 340B entity to purchase a drug that 
is not a 340B drug from the supplier;
(b)
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
(c)
otherwise interfere with:
(i)
a contract between a pharmacy and a 340B entity; or
(ii)
the ability of a pharmacy and a 340B entity to enter into a contract.
(4)
Nothing in this section is to be construed to conflict with federal law.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-7-25 3:53 PM