SENATE BILL NO. 1179

A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 17757c.

the people of the state of michigan enact:

Sec. 17757c. (1) Except as otherwise provided in subsection (2), a manufacturer, wholesaler, or wholesale distributor-broker shall not do any of the following:

(a) Deny, restrict, prohibit, condition, discriminate against, or otherwise limit the acquisition of a 340B drug by a 340B entity.

(b) Deny, restrict, prohibit, condition, discriminate against, or otherwise limit the acquisition of a 340B drug by, or the delivery of a 340B drug to, a pharmacy that is under contract with or otherwise authorized by a 340B entity to receive a 340B drug on behalf of the 340B entity.

(c) Designate a person to act on behalf of the manufacturer, wholesaler, or wholesale distributor-broker to engage in the conduct described in subdivision (a) or (b).

(2) A manufacturer, wholesaler, or wholesale distributor-broker may engage in the conduct prohibited under subsection (1) if otherwise authorized by a law of this state or federal law.

(3) As used in this section:

(a) "340B drug" means a covered outpatient drug as that term is defined in 42 USC 1396r-8.

(b) "340B entity" means a covered entity as that term is defined in 42 USC 256b.