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HB 1473

relative to the use of agricultural fairground property.

2026 Regular Session Introduced by Michael Granger and 2 co-sponsors

ND HB 1473 prohibits manufacturers, their agents/3PLs from blocking 340B drug access by contract pharmacies or covered entities; violations are class B misdemeanors.

Inexpedient to Legislate: MA VV HJ 6 P. 30
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Bill Summary · HB 1473

HB 1473 — Summary (North Dakota, 69th Legislative Assembly)

Main purpose

To protect covered entities’ access to drugs purchased under the federal 340B program by prohibiting certain actions by drug manufacturers (and related actors) that would restrict contract pharmacies or covered entities from acquiring or dispensing 340B-priced drugs. The bill creates a new prohibited-acts subsection in NDCC § 43‑15.3‑08 and makes violations a class B misdemeanor.

Key provisions

  • Adds a new subsection to NDCC § 43‑15.3‑08 that makes it unlawful for a manufacturer, the manufacturer’s agent or affiliate, a virtual manufacturer, or a third‑party logistics provider (3PL) to, except as allowed by federal law:
    • Deny, restrict, prohibit, or otherwise interfere with a contract pharmacy’s acquisition of a 340B drug on behalf of a covered entity.
    • Prohibit a contract pharmacy from dispensing a drug by denying access to the drug.
    • Require a covered entity or contract pharmacy to submit claims, encounter, or utilization data as a condition for acquiring/receiving a drug, unless sharing that data is required by federal law.
    • Interfere with a covered entity’s or contract pharmacy’s ability to dispense a drug to an eligible covered‑entity patient.
    • Offer or make available a drug only in the form of a rebate rather than as a discount at the time of sale, except where federal law authorizes otherwise.
  • Carve‑out: the prohibition does not apply to limited distribution requirements under 21 U.S.C. § 355‑1.
  • Penalty: violation is a class B misdemeanor (subject to any other exceptions in ND law, e.g., § 43‑15.3‑09).

Definitions (selected)

  • Contract pharmacy: pharmacy under contract with a covered entity to receive/dispense drugs for that entity’s patients.
  • Covered entity: participant or authorized participant in the federal 340B drug discount program (42 U.S.C. §256b).
  • Drug: drug purchased under reduced pricing under section 340B.

Who is affected

  • Prohibited conduct targets: drug manufacturers, their agents/affiliates, virtual manufacturers, and 3PLs.
  • Beneficiaries: covered entities that participate in 340B (e.g., certain hospitals, clinics), contract pharmacies, and eligible patients served through the 340B program.
  • Potential compliance/operational impacts on manufacturers and logistics providers; contract pharmacies and covered entities would have statutory protections.

Procedural status (North Dakota)

  • Read first time: 2025‑03‑11; referred to Human Services.
  • Status: Died in House Committee at sine die adjournment (2025‑05‑05).

Context and potential impact

  • Seeks to enforce state‑level protections for 340B program access amid national disputes between manufacturers and covered entities/contract pharmacies over distribution, data sharing, and contracting practices.
  • If enacted, would create criminal liability (class B misdemeanor) for certain manufacturer practices that impede contract pharmacy participation in 340B, subject to federal law exceptions (including limited distribution requirements).

Compiled from official sources — confirm details with the bill’s official record.

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