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Full Text of HB4065
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HB4065 - 104th General Assembly
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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
HB4065
LRB104 13754 BAB 26493 b
1
AN ACT concerning regulation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
340B
5
Grantee Contract Pharmacy Access Act.
6
Section 5.
Definitions.
As used in this Act:
7
"340B contract pharmacy" means a pharmacy in Illinois that
8
is under contract with a 340B grantee to dispense 340B drugs on
9
behalf of the 340B grantee.
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"340B drug" means a drug that has been subject to any offer
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for reduced prices by a pharmaceutical manufacturer pursuant
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to 42 U.S.C. 256b and is purchased by a 340B grantee.
13
"340B grantee" means an entity in Illinois that qualifies
14
as a covered entity under Section 340B of the federal Public
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Health Service Act, 42 U.S.C. 256b(a)(4)(A)-(K).
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"Department" means the Department of Financial and
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Professional Regulation.
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"Person" includes a natural person, partnership,
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association, corporation, or any other legal business entity,
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but does not include any federal or State government entity or
21
body.
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"Pharmaceutical manufacturer" has the meaning given to the
23
term "manufacturer" in the Wholesale Drug Distribution
HB4065
- 2 -
LRB104 13754 BAB 26493 b
1
Licensing Act.
2
Section 10.
Use of contract pharmacies.
No person,
3
including a pharmaceutical manufacturer, may deny, restrict,
4
or otherwise limit the acquisition of a 340B drug by a 340B
5
grantee or a 340B contract pharmacy authorized to receive 340B
6
drugs on behalf of the 340B grantee unless the receipt is
7
prohibited by federal law.
8
Section 15.
Enforcement.
The Department is authorized to
9
enforce this Act and investigate possible violations of this
10
Act by any person, including a pharmaceutical manufacturer.
11
Section 20.
Preemption.
12
(a) Nothing in this Act shall be construed or applied to be
13
less restrictive than federal law for a person regulated by
14
this Act.
15
(b) Nothing in this Act shall be construed or applied in a
16
manner that would conflict with:
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(1) applicable federal law; or
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(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
21
U.S.C. 355-1 shall not be construed as a violation of this Act.
22
Section 97.
Severability.
The provisions of this Act are
HB4065
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LRB104 13754 BAB 26493 b
1
severable under Section 1.31 of the Statute on Statutes.
2
Section 99.
Effective date.
This Act takes effect upon
3
becoming law.
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