| 38 | 64 | | |
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| 39 | 65 | | An Act relating to prescription drugs; cr eating the |
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| 40 | 66 | | Oklahoma Patient Right to Know Act; defining terms; |
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| 41 | 67 | | authorizing persons to reques t certain information on |
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| 42 | 68 | | certain prescribed form; providing timeline for |
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| 43 | 69 | | submitting certain information; establish ing fine for |
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| 44 | 70 | | failure to provide certain informatio n; requiring |
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| 45 | 71 | | Insurance Department to plac e fine in certain fund; |
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| 46 | 72 | | authorizing Insurance Depar tment to promulgate rules; |
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| 47 | 73 | | providing for codification; and providing an |
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| 48 | 74 | | effective date. |
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| 49 | 75 | | |
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| 50 | 76 | | |
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| 51 | 77 | | |
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| 52 | 78 | | |
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| 53 | 79 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 54 | 80 | | SECTION 1. NEW LAW A new se ction of law to be codified |
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| 55 | 81 | | in the Oklahoma Statute s as Section 6970 of Title 36, unless there |
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| 56 | 82 | | is created a duplication in numbering, reads as follows: |
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| 57 | 83 | | This act shall be known and may be cited as the “Oklahoma |
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| 58 | 84 | | Patient Right to Know Act”. |
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| 59 | 85 | | SECTION 2. NEW LAW A new section of law to be codified |
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| 60 | 86 | | in the Oklahoma Statutes as Section 6971 of Title 36, unless there |
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| 61 | 87 | | is created a duplication in numbering, reads as follows: |
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| 62 | 88 | | A. For the purpose of this sect ion: |
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| 92 | 142 | | state and any entity or person engaged in the business of making |
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| 93 | 143 | | contracts for accident or health insurance; |
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| 94 | 144 | | 2. “Manufacturer” means any person, business or entity that |
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| 95 | 145 | | holds the national drug code for a prescri ption drug and is either |
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| 96 | 146 | | engaged in the production, preparation, propagation, compounding, |
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| 97 | 147 | | conversion or processing of drug products in this state. It shall |
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| 98 | 148 | | also include any person, business or entity that is engaged in the |
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| 99 | 149 | | packaging, repackaging, labeling, relabeling or distribution of drug |
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| 100 | 150 | | products in this state, or any person , business or entity that |
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| 101 | 151 | | causes the drug products to be compounded, packaged or transporte d |
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| 102 | 152 | | in this state, that is not a wholesal e drug distributor, as defined |
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| 103 | 153 | | in this section, or a retail pharmacy licensed by the State Board of |
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| 104 | 154 | | Pharmacy; |
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| 105 | 155 | | 3. “Pharmacist” means any person licensed by the State Board of |
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| 106 | 156 | | Pharmacy to practice pharmacy in this state; |
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| 107 | 157 | | 4. “Pharmacy benefits manager ” means a person, business or |
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| 108 | 158 | | entity, and any partially or wholly owned subsidiary of an entity, |
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| 109 | 159 | | doing business in this state which contracts to administer or manage |
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| 110 | 160 | | prescription drug benefits on be half of a managed-care company, |
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| 111 | 161 | | nonprofit hospital, medical serv ice organization, insurance company, |
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| 112 | 162 | | third-party payor or a health program adm inistered by a department |
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| 113 | 163 | | of this state; and |
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| 143 | 217 | | sale of prescription drugs to another person, business or entity |
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| 144 | 218 | | other than a consumer or patient . This includes but is not limited |
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| 145 | 219 | | to manufacturers, repackagers, own-label distributors, private label |
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| 146 | 220 | | distributors, jobbers, brokers, warehouses including manufacturers’ |
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| 147 | 221 | | and distributors’ warehouses, chain drug warehouses, wholesale drug |
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| 148 | 222 | | warehouses, independent wholesale drug traders and retail pharmacies |
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| 149 | 223 | | that conduct wholesale distribution s. |
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| 151 | 225 | | patient obtaining a prescription drug or drugs, as defined i n |
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| 152 | 226 | | paragraph 2 of Section 5040.3 of Title 74 of the Oklahoma Statutes, |
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| 153 | 227 | | shall be authorized to submit a request in writing from the patient, |
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| 154 | 228 | | on a form prescribed by the State Board of Pharmacy, for informat ion |
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| 155 | 229 | | on the specific allocation of the dollar amount of the retail price |
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| 156 | 230 | | provided to the insurer, manufacturer, wholesale drug distributor |
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| 157 | 231 | | and pharmacy benefit manager for the drug or drugs being dispensed |
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| 158 | 232 | | pursuant to the prescription. |
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| 159 | 233 | | 2. The insurer, manufacturer, wholesale drug distributor and |
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| 160 | 234 | | pharmacy benefit manager shall have thirty (30) days from receipt of |
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| 161 | 235 | | the request from the pharmacist to provide the information |
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| 162 | 236 | | requested. |
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| 163 | 237 | | 3. If the information is not provided to the pharmacist with in |
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| 164 | 238 | | thirty (30) days, a fine of Fifty Dollars ($50.00) per day, per |
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| 194 | 292 | | shall remit any amount received to the I nsurance Department; |
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| 195 | 293 | | provided, however, that the pharmacy is authorized to charge a |
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| 196 | 294 | | handling fee in an amount to be determined by the Insurance |
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| 197 | 295 | | Department. The Insurance Department shall deposit the remaining |
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| 198 | 296 | | amount of the fine to the credit of the State Insurance Commissioner |
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| 199 | 297 | | Revolving Fund for the operations of the Office of the Insurance |
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| 200 | 298 | | Commissioner, pursuant to Section 307.3 of Title 36 of the Oklahoma |
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| 201 | 299 | | Statutes. |
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| 202 | 300 | | C. The Insurance Department shall promulgate rules to implement |
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| 203 | 301 | | the provisions of this section. |
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| 204 | 302 | | SECTION 3. This act shall become effective November 1, 202 1. |
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