---
title: HB 139. Pharmacies; prohibit drug manufacturer and wholesalers from preventing a licensed pharmacy from acquiring drugs from entities that participate in a particular federal drug discount program
collection: bills
id: 2025-2026/hb139
cite_as: HB 139, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb139
md_url: https://georgiacommons.org/bills/2025-2026/hb139.md
text_url: https://georgiacommons.org/bills/2025-2026/hb139/text
source_url: https://www.legis.ga.gov/legislation/69539
date: 2025-01-29
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb139.md?full=1
bill_number: HB 139
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-27
last_action: House Second Readers
sponsors:
- Todd Jones
- Lee Hawkins
- James Hatchett
- Charles Cannon
- Mack Jackson
- Gerald Greene
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB139/2025
upstream_id: 1943352
summaries_model: claude-sonnet-5
topic_tags:
- pharmacies
- drug pricing
- 340B program
- health care access
- drug manufacturers
---
# HB 139. Pharmacies; prohibit drug manufacturer and wholesalers from preventing a licensed pharmacy from acquiring drugs from entities that participate in a particular federal drug discount program
## Text
House Bill 139
By: Representatives Jones of the 25th, Hawkins of the 27th, Hatchett of the 155th, Cannon of
the 172nd, Jackson of the 128th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated,
relating to pharmacies, so as to prohibit drug manufacturers and wholesalers from preventing
a licensed pharmacy from acquiring and dispensing drugs purchased from entities that
participate in a particular federal drug discount program; to provide for definitions; to
provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to
pharmacies, is amended by adding a new Code section to read as follows:
"26-4-120.
(a) As used in this Code section, the term:
(1) 'Contract pharmacy arrangement' means a legal agreement between a hospital or
other healthcare provider and a pharmacy where the pharmacy agrees to dispense
medications to the hospital's or other healthcare provider's patients at a discounted price.
(2) 'Covered entity' means an entity participating in or authorized to participate in the
federal 340B drug discount program, as described in 42 U.S.C. Section 256b, including
its pharmacy, or any pharmacy contracted with the participating entity to dispense drugs
purchased through such program.
(b) Neither a manufacturer nor a wholesale distributor shall deny, restrict, prohibit, or
otherwise prevent, either directly or indirectly, the acquisition by or dispensing of drugs
from a pharmacy licensed pursuant to this chapter that receives drugs purchased under a
contract pharmacy arrangement with a covered entity.
(c) Neither a manufacturer nor a wholesale distributor shall deny, restrict, prohibit, or
otherwise prevent, either directly or indirectly, a pharmacy licensed pursuant to this chapter
from contracting or participating with a covered entity by denying access to drugs that are
manufactured or distributed by such manufacturer or wholesale distributor.
(d) Neither a manufacturer or a wholesale distributor nor an agent or an affiliate of such
manufacturer or wholesale distributor shall, either directly or indirectly, require a covered
entity to submit any claims or utilization data as a condition for allowing the acquisition
of drugs by or delivery of drugs to a covered entity unless the claims or utilization data
sharing is required by the United States Department of Health and Human Services.
(e)(1) A violation of this Code section shall constitute an unfair or deceptive act or
practice and shall be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair
Business Practices Act of 1975.'
(2) A violation of this Code section may be penalized as provided in this chapter or any
other applicable provision of law in this state, including, but not limited to, the 'Fair
Business Practices Act of 1975.'"
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 139 would bar drug manufacturers and wholesalers from blocking Georgia pharmacies from buying and dispensing discounted drugs obtained through the federal 340B program.
### Plain-language summary
Under the federal 340B drug discount program, certain hospitals and health care providers can buy medications at reduced prices and have contracted pharmacies dispense them to patients. Some drug manufacturers and wholesalers have restricted which pharmacies can receive these discounted drugs or required extra data before supplying them, according to the arrangement this bill addresses.
House Bill 139 adds a new section to Georgia's pharmacy law (O.C.G.A. § 26-4-120) that stops manufacturers and wholesale distributors from denying, restricting, or otherwise blocking a licensed Georgia pharmacy from acquiring or dispensing 340B drugs through a contract pharmacy arrangement with a covered entity. It also bars manufacturers or wholesalers from demanding claims or utilization data from a covered entity as a condition of supplying drugs, unless federal health officials require it. Violations would be treated as unfair or deceptive practices under Georgia's Fair Business Practices Act of 1975.
### What it does
- Prohibits drug manufacturers and wholesale distributors from blocking a licensed Georgia pharmacy from acquiring or dispensing drugs obtained through a 340B contract pharmacy arrangement.
- Prohibits manufacturers and wholesalers from denying a pharmacy's access to their drugs as a way to stop it from contracting with a 340B covered entity.
- Bars manufacturers, wholesalers, or their agents from requiring a covered entity to hand over claims or utilization data before supplying drugs, unless federal health officials require it.
- Defines key terms including 'contract pharmacy arrangement' and 'covered entity' tied to the federal 340B drug discount program (42 U.S.C. § 256b).
- Classifies violations as unfair or deceptive practices under Georgia's Fair Business Practices Act of 1975 (O.C.G.A. Title 10), allowing penalties under that law or other applicable provisions.
### Who it affects
The bill affects drug manufacturers and wholesale distributors that sell medications in Georgia, licensed Georgia pharmacies that dispense 340B discounted drugs, and hospitals or other health care providers that participate in the federal 340B program through contract pharmacy arrangements.
### Why it matters
If enacted, pharmacies that dispense discounted drugs for hospitals and clinics under the 340B program would have stronger legal protection against manufacturers or wholesalers cutting off their supply or demanding extra data, which could affect how reliably low-income and safety-net patients can access these discounted medications.
### Key provisions
- Section 1 adds new Code section 26-4-120 defining 'contract pharmacy arrangement' and 'covered entity' by reference to the federal 340B program.
- Subsection (b) prohibits manufacturers and wholesalers from denying or restricting a licensed pharmacy's acquisition or dispensing of 340B drugs under a contract pharmacy arrangement.
- Subsection (c) prohibits manufacturers and wholesalers from cutting off drug access to prevent a pharmacy from contracting with a covered entity.
- Subsection (d) bars requiring claims or utilization data as a condition of supplying drugs, except when required by the U.S. Department of Health and Human Services.
- Subsection (e) makes violations an unfair or deceptive act under the Fair Business Practices Act of 1975 and allows penalties under that law or other applicable Georgia law.
- Section 2 repeals conflicting laws.
## Status
- Status: Introduced (2025-01-27)
- Last action: House Second Readers (2025-01-29)
- Sponsors: Todd Jones, Lee Hawkins, James Hatchett, Charles Cannon, Mack Jackson, Gerald Greene
- Official page: https://www.legis.ga.gov/legislation/69539
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb139.md?full=1