Senate Human Services committee gives 1473 a do-pass amid 340B program concerns

The Senate Human Services Committee on Monday voted 5-1 to give Senate Bill 1473 a do-pass recommendation after members discussed whether the bill’s restrictions on drug manufacturers would unfairly affect local providers that rely on the federal 340B program.

Committee Chair Senator Lee convened the discussion by reminding members that “1473, as we will recall, relates to prohibited acts of drug manufacturers,” and noting the bill had generated substantial testimony in the House from Representative John Nelson and others.

Senator O'Brien said the bill raised particular concern in the committee’s state because of how pharmacies operate here. “Because of our unique pharmacy structure … and based on my experience with working with the 340B and particularly the community health care centers, I know how effective this program has been,” O’Brien said, adding she had not seen documentation of widespread misuse. O’Brien moved “a due pass on 1473 without amendments.” Senator Hogan moved the recommendation and Senator Weston seconded it.

During debate, members noted national reports and audits that had been presented to the committee but questioned their relevance to this state’s pharmacy structure. Senator Lee said federal rules had not changed and that many audited participants had been found compliant. Senator Clemens voted no when the roll was called.

The committee recorded the roll call: Senator Lee—aye; Senator Weston—aye; Senator Rohrz—aye; Senator Hogan—aye; Senator Van Osteen—aye; Senator Clemens—no. The tally was 5–1 in favor of a do-pass recommendation.

Because the committee’s discussion repeatedly referenced the federal 340B program and audits, several members said the bill should move forward so the Legislature can decide whether state-level changes are needed after further review.

The bill will be reported out by the committee as recommended. The committee did not adopt any amendments.