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South DakotaSB 154100th South Dakota Legislature (2025)Senate

prohibit pharmaceutical manufacturers from interfering in contracts between 340B entities and pharmacies and to provide a penalty therefor.

Sponsored By: Reed, Tim S. (Republican), Rehfeldt, Taylor (Republican)

Signed by Governor

Attorney's FeesFood and DrugsInsuranceTrade Regulation

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Bill Overview

Analyzed Economic Effects

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

Providers can enforce drug access protections

340B providers and pharmacies can sue drug makers to stop violations, alongside other available legal remedies. They can seek actual losses, related losses caused by violations, and reasonable lawyer fees and court costs. Violations also count as deceptive practices under South Dakota’s consumer-protection law. Each act involving under $1,000 is a Class 1 misdemeanor; over $1,000 but under $100,000 is a Class 6 felony. Acts over $100,000 are Class 5 felonies; the stated bands leave exactly $1,000 and $100,000 unspecified.

Protected drug access for participating providers

South Dakota protects providers and pharmacies that take part in the federal 340B drug discount program. Drug makers cannot block covered drug purchases or deliveries to authorized locations unless federal law bars receipt. They cannot require claims or drug-use data to supply these drugs unless federal law requires sharing. Federal distribution limits and permitted audits remain allowed; drug makers do not have to give pharmacies a 340B price. Federal-law references use January 1, 2025, as their baseline, not the law’s start date. These protections support providers’ drug access but do not guarantee patient savings.

Sponsors & Cosponsors

Sponsors

  • Reed, Tim S.

    Republican • Senate

  • Rehfeldt, Taylor

    Republican • House

Cosponsors

  • Emery, Eric

    Democratic • House

  • Moore, Scott

    Republican • House

  • Muckey, Erik

    Democratic • House

  • Perry, Carl

    Republican • Senate

  • Roby, Matt

    Republican • House

  • Sauder, Stephanie

    Republican • Senate

  • Smith, Jamie

    Democratic • Senate

  • Vilhauer, Glen

    Republican • Senate

  • Wittman, Kadyn

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 109 • No: 14

House vote • 3/5/2025

Do Pass Amended

Yes: 65 • No: 5

House vote • 3/4/2025

Do Pass

Yes: 8 • No: 5

Senate vote • 2/21/2025

Do Pass Amended

Yes: 30 • No: 3

Senate vote • 2/19/2025

Do Pass Amended

Yes: 6 • No: 1

Actions Timeline

  1. Signed by the Governor

    3/13/2025Senate

  2. Delivered to the Governor

    3/10/2025Senate

  3. Signed by the Speaker

    3/6/2025House

  4. Signed by the President

    3/6/2025Senate

  5. House of Representatives Do Pass Amended, Passed, YEAS 65, NAYS 5

    3/5/2025House

  6. House Health and Human Services Do Pass, Passed, YEAS 8, NAYS 5

    3/4/2025House

  7. Scheduled for hearing

    3/4/2025House

  8. Referred to House Health and Human Services

    2/25/2025House

  9. First Reading House

    2/24/2025House

  10. Senate Do Pass Amended, Passed, YEAS 30, NAYS 3

    2/21/2025Senate

  11. Senate Health and Human Services Do Pass Amended, Passed, YEAS 6, NAYS 1

    2/19/2025Senate

  12. Senate Health and Human Services Motion to amend, Passed

    2/19/2025Senate

  13. Scheduled for hearing

    2/19/2025Senate

  14. Referred to Senate Health and Human Services

    2/3/2025Senate

  15. First Reading Senate

    1/30/2025Senate

Bill Text

  • Introduced

    1/30/2025

    PDF

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