Truly Agreed to and Finally Passed

Entities specified in the act shall not restrict acquisition or delivery of 340B drugs to pharmacies that are under contract with a covered entity to receive and dispense 340B drugs on behalf of the covered entity. (Section 376.414.2). Violation of this provision shall be an unlawful merchandising practice, and each package of 340B drugs affected, as defined by federal law, shall constitute a separate violation. (Section 376.414.3). The Board of Pharmacy may investigate and impose discipline for violations of these provisions. (Section 376.414.4).

Nothing in these provisions shall be construed or applied to be less restrictive than federal law, or to conflict with federal or state law. (Section 376.414.6). Limited distribution of a drug required under federal law shall not be a violation of the act. (Section 376.414.7).

These provisions are similar to SCS/SB 978 (2024), SB 1035 (2024), provisions in SB 1213 (2024), HB 1977 (2024), provisions in HCS/HB 2267 (2024), SB 426 (2023), provisions in HCS/HB 198 (2023), provisions in SB 426 (2023), HB 197 (2023), provisions in SB 921 (2022), provisions in HCS/HB 1677 (2022), provisions in SB 1129 (2022), provisions in HB 2305 (2022), provisions in SB 971 (2020), provisions in HCS/HB 2412 (2020), provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), and provisions in HB 1910 (2020).

ERIC VANDER WEERD