S.F. 2312 Section 1. Section 510D.1, Code 2026, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 01. “340B drug” means a covered outpatient 3 drug for which a manufacturer has offered a reduced price 4 pursuant to 42 U.S.C. §256b, and that is purchased by a covered 5 entity. 6 NEW SUBSECTION . 4A. “Distributor” means a person, other 7 than a manufacturer, engaged in the wholesale distribution of 8 a prescription drug to a retail community pharmacy, including 9 but not limited to repackers, jobbers, brokers, warehouses, 10 independent wholesale drug traders, and retail community 11 pharmacies that conduct wholesale distributions. 12 NEW SUBSECTION . 5A. “Manufacturer” means the same as 13 defined in section 1927(k)(5) of the federal Social Security 14 Act. 15 Sec. 2. Section 510D.2, Code 2026, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 4. A manufacturer or distributor shall not, 18 either directly or indirectly, deny, restrict, or otherwise 19 interfere with the acquisition of a 340B drug by a covered 20 entity, or delivery of a 340B drug to a contract pharmacy, 21 unless such purchase or receipt is prohibited by the United 22 States department of health and human services. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to manufacturers and distributors of 340B 27 drugs. 28 “340B drug”, “manufacturer”, and “distributor” are defined 29 in the bill. The bill prohibits a manufacturer or distributor 30 from, directly or indirectly, denying, restricting, or 31 interfering with the acquisition of a 340B drug by a covered 32 entity, or the delivery of a 340B drug to a contract pharmacy, 33 unless otherwise prohibited by the United States department of 34 health and human services. 35 -1- LSB 5704XS (1) 91 nls/ko 1/ 1