SF3769

Purpose

• The bill aims to ensure drug manufacturers cannot restrict the delivery of 340B prescription drugs, adds enforcement mechanisms, and removes an expiration date on the related provision, making the access protections permanent.

Main Provisions

• Adds a new Subdivision 4 (Subd.4) to Minnesota Statutes 2024 section 62J.96, defining “Violation as deceptive practice.” A violation of these provisions is treated as an unfair or deceptive trade practice under Minnesota Statutes 8.31(1) and can be enforced by the state attorney general.
• Repeals Minnesota Statutes 2024 section 62J.96 subdivision 3 (the prior expiration provision).
• Amends 62J.96 to address access to 340B drugs and to remove the expiration date by repealing the Subdivision that set an expiration.
• The appendix notes that the prior Subd.3 Expiration (which stated the section would expire on July 1, 2027) is repealed, resulting in permanent protections.

Significant Changes to Existing Law

• Removes the expiration mechanism that previously limited the 340B access provisions, making the protections permanent.
• Elevates noncompliance by drug manufacturers (restricting delivery of 340B drugs) to the level of deceptive trade practices, subject to enforcement by the attorney general.
• Repeals a specific subdivision (Subd.3) of 62J.96 to accomplish these changes.

Practical Impact

• Drug manufacturers would be prohibited from restricting how 340B prescription drugs are delivered.
• Violations could be pursued as unfair or deceptive trade practices, with enforcement by the Minnesota Attorney General.
• The policy change removes any time limit, ensuring the 340B access protections are permanent.

Enforcement and Oversight

• Enforcement authority rests with the Minnesota Attorney General under the state's consumer protection framework for deceptive trade practices.

Relevant Terms 340B drugs drug manufacturers delivery of drugs access to 340B unfair or deceptive trade practice deceptive trade practice Minnesota Statutes 62J.96 Subd.4 Subd.3 Expiration repealer attorney general enforcement 340B program