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SENATE FLOOR VERSION
February 18, 2021
AS AMENDED
SENATE BILL NO. 538 By: Standridge
An Act relating to prescription drugs; cr eating the
Oklahoma Patient Right to Know Act; defining terms;
authorizing persons to request certain information o n
certain prescribed form; providing timeline for
submitting certain information; establish ing fine for
failure to provide certain informatio n; requiring
Insurance Department to plac e fine in certain fund;
authorizing Insurance Department to promulgate rul es;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 6970 of Ti tle 36, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma
Patient Right to Know Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6971 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. For the purpose of this sect ion:
1. “Insurer” means any entity or insurer authorized to provide
health insurance or health benefits pursuant to the laws of this
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state and any entity or person engaged in the business of making
contracts for accident or health insurance;
2. “Manufacturer” means any person, business or entity that
holds the national drug code for a prescription drug and is eithe r
engaged in the production, preparation, propagation, compounding,
conversion or processing of drug products in this state. It shall
also include any person, business or entity that is engaged in the
packaging, repackaging, labeling, relabeling or distri bution of drug
products in this state, or any person , business or entity that
causes the drug products to be compounded, packaged or transporte d
in this state, that is not a wholesal e drug distributor, as defined
in this section, or a retail pharmacy licensed by the State Board of
Pharmacy;
3. “Pharmacist” means any person licensed by the State Board of
Pharmacy to practice pharmacy in this state;
4. “Pharmacy benefits manager ” means a person, business or
entity, and any partially or wholly owned subsidiary of an entity,
doing business in this state which contracts to administer or manage
prescription drug benefits on be half of a managed-care company,
nonprofit hospital, medical serv ice organization, insurance company,
third-party payor or a health program administered by a department
of this state; and
5. “Wholesale drug distributor ” means a person, business or
entity licensed by the State Board of Pharmacy and engaged in the
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sale of prescription drugs to another person, business or entity
other than a consumer or patient. This includes but is not limited
to manufacturers, repackagers, own-label distributors, private label
distributors, jobbers, brokers, warehouses including manufacturers’
and distributors’ warehouses, chain drug warehouses , wholesale drug
warehouses, independent wholesale drug traders and retail pharmacies
that conduct wholesale distribution s.
B. 1. Beginning January 1, 2022, a pharmacist, on behalf of a
patient obtaining a prescription drug or drugs, as defined in
paragraph 2 of Sectio n 5040.3 of Title 74 of the Oklahoma Statutes,
shall be authorized to submit a request in writing from the patient,
on a form prescribed by the State Board of Pharmacy, for informat ion
on the specific allocation of the dollar amount of the retail price
provided to the insurer, manufacturer, wholesale drug distributor
and pharmacy benefit manager for the drug or drugs being dispensed
pursuant to the prescription.
2. The insurer, manufacturer, wholesale drug distributor and
pharmacy benefit manager shall hav e thirty (30) days from receipt of
the request from the pharmacist to provide the information
requested.
3. If the information is not provided to the pharmacist with in
thirty (30) days, a fine of Fifty Dollars ($50.00) per day, per
request shall be paid t o the pharmacy by any entity failing to
provide the information required by this section. The pharmacy
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shall remit any amount received to the I nsurance Department;
provided, however, that the pharmacy is authorized to charge a
handling fee in an amount to be determined by the Insurance
Department. The Insurance Department shall deposit the remaining
amount of the fine to the credit of the State Insurance Commissioner
Revolving Fund for the operations of the Office of the Insurance
Commissioner, pursuant to Section 307.3 of Title 36 of the Oklahoma
Statutes.
C. The Insurance Department shall promulgate rules to implement
the provisions of this section.
SECTION 3. This act shall become effective November 1, 202 1.
COMMITTEE REPORT BY: COMMIT TEE ON RETIREMENT AND INSURANCE
February 18, 2021 - DO PASS AS AMENDED