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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 13 By: Garvin
AS INTRODUCED
An Act relating to pharmaceuticals; defining terms;
prohibiting certain drug plans from refusing certain
dispensing of physician-administered or injectable
drugs under certain circumstances ; requiring certain
drugs meet certain federal requirements; prohibiting
patients from payment of certain fees beyond cost-
sharing obligation; establishing penalties; providing
immunity from liability to c ertain providers;
providing for codification; and provi ding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section o f law to be codified
in the Oklahoma Statutes as Sect ion 6969 of Title 36, unless there
is created a duplication in numb ering, reads as follows:
A. As used in this section:
1. “Health care provider” means a provider as defined pursuant
to Section 6571 of Title 36 of the Oklahoma Statu tes;
2. “Pharmacy benefits manager” means a manager as defined
pursuant to Section 6960 of Title 36 of the Oklahoma Statutes; and
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3. “White bagged drugs” means a patient-specific medication
distributed from a pharmacy, typically a third-party specialty
pharmacy, to a health care provider for administration.
B. In the event that a health care provider dispenses or
administers a white bag ged drug to a patient, that patient’s
pharmaceutical drug plan or the pharmac y benefits manager of the
drug plan shall not refuse to approve, authorize, or pay the third-
party specialty pharmacy for the drug solely because the drug is a
white bagged drug.
C. All white bagged drugs distributed in this state shall meet
supply chain securit y controls set forth by the federal Drug Supply
Chain Security Act as amended. The State Board of Pharmacy may
promulgate rules related to supply, storage, and transaction history
to ensure that white bagged drugs are in compliance with federal
law.
D. A pharmaceutical drug plan or a pharmacy benefits manager of
a plan shall not require a covered patient to self-administer an
injectable white bagged drug against a health care provider’s
recommendation.
E. A pharmaceutical drug plan or a pharmacy benefits manager of
a plan shall not require a covered patient to pay additional fees
for white bagged drugs beyond cost-sharing obligations as outlined
in the individual’s plan.
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F. Any pharmaceutical drug plan or pharmacy benefits manager in
violation of this act shall be fined a minimum of Five Thousan d
Dollars ($5,000.00) per violation, but not more than Ten Thousand
Dollars ($10,000.00) per violati on. Fines related to this section
shall not be used when calculating pay ers, plans, or members loss
ratios and losses incurred pursuant to this subsection shall not be
passed on to the insured in future rate increases.
G. A health care provider shall be immune from civil liability
for any loss or harm to a person due to his or her health insurance
plan utilizing white bagged drugs caused by an act or omission by
the facility or provider that occurs during the process outlined in
this act if the act or omission was not the result of gross
negligence or willful or wanton misconduct o f the health care
facility or health care provider rendering the health care servic es.
SECTION 2. This act shall become effective November 1 , 2023.
59-1-424 RD 12/6/2022 11:23:52 AM