Creates a civil penalty for drug manufacturers that interfere directly or indirectly with certain entities acquiring 340B drugs, delivering 340B drugs to certain health care providers or dispensing 340B drugs.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 533
Sponsored by Senator PATTERSON, Representative NOSSE; Senator MEEK (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act bans drug makers from taking actions that make it hard for some drug outlets
to get certain drugs on behalf of health care providers, deliver the drugs to the providers or dis-
pense the drugs. The Act makes these actions subject to a civil penalty for violations. (Flesch
Readability Score: 60.8).
Creates a civil penalty for drug manufacturers that interfere directly or indirectly with certain
entities acquiring 340B drugs, delivering 340B drugs to certain health care providers or dispensing
340B drugs. Creates a civil penalty for drug manufactures that require certain entities to submit
utilization review data as a condition of acquiring, delivering or dispensing 340B drugs.
A BILL FOR AN ACT
Relating to restrictions on 340B covered entities.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) As used in this section:
(a) “Covered entity” has the meaning given that term in 42 U.S.C. 256b(a)(4).
(b) “Manufacturer” has the meaning given that term in ORS 646A.689.
(c) “340B drug” means a drug that has been subject to an offer of a reduced price by a
manufacturer pursuant to 42 U.S.C. 256b and is purchased by a covered entity.
(d) “Utilization review” has the meaning given that term in ORS 743B.001.
(2) A manufacturer or third party on behalf of a manufacturer may not:
(a) Deny, restrict, prohibit or otherwise interfere directly or indirectly with the acquisi-
tion of a 340B drug, delivery of a 340B drug to or dispensation of a 340B drug by a pharmacy
that has contracted with a covered entity to receive and dispense 340B drugs on behalf of the
covered entity in this state unless the acquisition delivery or dispensation is prohibited by
the United states Department of Health and Human Services.
(b) Require, either directly or indirectly, a covered entity to submit a claim or utilization
review data as a condition for the acquisition of a 340B drug by, delivery of a 340B drug to
or dispensation of a 340B drug by a pharmacy that has contracted with a covered entity to
receive and dispense 340B drugs on behalf of the covered entity in this state unless the
claims or utilization review data submission is required by the United States Department of
Health and Human Services.
SECTION 2.
In addition to any other penalty provided by law, the State Board of Phar-
macy may impose a civil penalty, in the manner provided in ORS 183.745, not to exceed $5,000
per day on a manufacturer for each violation of section 1 of this 2025 Act.
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1148