North DakotaHB 14732025 Regular SessionHouse

AN ACT to create and enact a new subsection to section 43-15.3-08 of the North Dakota Century Code, relating to prohibited acts of drug manufacturers; and to provide a penalty.

Sponsored By: Jon O. Nelson (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Criminal penalties for blocking discounted drugs

Violating these 340B access rules is a class B misdemeanor for manufacturers, their agents, virtual manufacturers, and third-party logistics providers. The law defines who is covered: contract pharmacies, covered entities in the federal 340B program, and the discounted 340B drugs themselves. The limited-distribution exception under 21 U.S.C. 355-1 still applies. Enforcement is also subject to any exceptions in section 43-15.3-09.

Protect access to discounted drugs at pharmacies

The law stops drug makers and their agents from blocking contract pharmacies from getting discounted federal 340B drugs for covered providers. They cannot deny access, limit purchases, or interfere with dispensing to eligible patients. They also cannot demand claims or use data as a condition to buy or receive these drugs, unless federal law requires it. They may not offer access only through post-sale rebates; discounts must be at the time of sale and allowed under federal law. These rules do not apply when federal law bars receipt of the drug or for limited-distribution drugs required under 21 U.S.C. 355-1.

Sponsors & Cosponsors

Sponsor

  • Jon O. Nelson

    Republican • House

Cosponsors

  • Landon Bahl

    Republican • House

  • Alisa Mitskog

    Democratic • House

  • Eric J. Murphy

    Republican • House

  • Emily O'Brien

    Republican • House

  • Michelle Axtman

    Republican • Senate

  • Dick Dever

    Republican • Senate

  • Judy Lee

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 112 • No: 21

Senate vote • 3/25/2025

Second reading, passed, yeas 41 nays 4

Yes: 41 • No: 4

House vote • 2/21/2025

Second reading, passed, yeas 71 nays 17

Yes: 71 • No: 17

Actions Timeline

  1. Filed with Secretary Of State 04/03

    4/7/2025House
  2. Signed by Governor 04/02

    4/4/2025House
  3. Sent to Governor

    4/1/2025House
  4. Signed by Speaker

    4/1/2025House
  5. Signed by President

    3/27/2025Senate
  6. Returned to House

    3/26/2025House
  7. Second reading, passed, yeas 41 nays 4

    3/25/2025Senate
  8. Reported back, do pass, place on calendar 5 1 0

    3/24/2025Senate
  9. Committee Hearing 09:00

    3/12/2025Senate
  10. Introduced, first reading, referred Human Services Committee

    3/7/2025Senate
  11. Received from House

    2/24/2025Senate
  12. Second reading, passed, yeas 71 nays 17

    2/21/2025House
  13. Reported back, do pass, place on calendar 10 2 2

    2/19/2025House
  14. Committee Hearing 02:30

    2/10/2025House
  15. Rereferred to Industry, Business and Labor

    1/20/2025House
  16. Request return from committee

    1/20/2025House
  17. Introduced, first reading, referred Human Services Committee

    1/17/2025House

Bill Text

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