104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4065
 
Introduced 5/22/2025, by Rep. Rita Mayfield
 
SYNOPSIS AS INTRODUCED:
 
New Act
    Creates the 340B Grantee Contract Pharmacy Access Act. Provides that no person, including a pharmaceutical manufacturer, may deny, restrict, or otherwise limit the acquisition of a 340B drug by a 340B grantee or a 340B contract pharmacy authorized to receive 340B drugs on behalf of the 340B grantee unless the acquisition is prohibited by federal law. Provides that the Department of Financial and Professional Regulation is authorized to enforce the Act and investigate possible violations of the Act by any person, including a pharmaceutical manufacturer. Sets forth provisions concerning preemption. Effective immediately.


LRB104 13754 BAB 26493 b

 
 
A BILL FOR
 
HB4065LRB104 13754 BAB 26493 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the 340B 
5Grantee Contract Pharmacy Access Act.
 
6    Section 5. Definitions. As used in this Act:
7    "340B contract pharmacy" means a pharmacy in Illinois that 
8is under contract with a 340B grantee to dispense 340B drugs on 
9behalf of the 340B grantee. 
10    "340B drug" means a drug that has been subject to any offer 
11for reduced prices by a pharmaceutical manufacturer pursuant 
12to 42 U.S.C. 256b and is purchased by a 340B grantee. 
13    "340B grantee" means an entity in Illinois that qualifies 
14as a covered entity under Section 340B of the federal Public 
15Health Service Act, 42 U.S.C. 256b(a)(4)(A)-(K). 
16    "Department" means the Department of Financial and 
17Professional Regulation. 
18    "Person" includes a natural person, partnership, 
19association, corporation, or any other legal business entity, 
20but does not include any federal or State government entity or 
21body. 
22    "Pharmaceutical manufacturer" has the meaning given to the 
23term "manufacturer" in the Wholesale Drug Distribution 
 
 
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1Licensing Act. 
 
2    Section 10. Use of contract pharmacies. No person, 
3including a pharmaceutical manufacturer, may deny, restrict, 
4or otherwise limit the acquisition of a 340B drug by a 340B 
5grantee or a 340B contract pharmacy authorized to receive 340B 
6drugs on behalf of the 340B grantee unless the receipt is 
7prohibited by federal law.
 
8    Section 15. Enforcement. The Department is authorized to 
9enforce this Act and investigate possible violations of this 
10Act by any person, including a pharmaceutical manufacturer.
 
11    Section 20. Preemption. 
12    (a) Nothing in this Act shall be construed or applied to be 
13less restrictive than federal law for a person regulated by 
14this Act.
15    (b) Nothing in this Act shall be construed or applied in a 
16manner that would conflict with: 
17        (1) applicable federal law; or 
18        (2) other laws of this State if the State law is 
19    compatible with applicable federal law.
20    (c) Limited distribution of a drug required under 21 
21U.S.C. 355-1 shall not be construed as a violation of this Act.
 
22    Section 97. Severability. The provisions of this Act are 
 
 
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1severable under Section 1.31 of the Statute on Statutes.
 
2    Section 99. Effective date. This Act takes effect upon 
3becoming law.