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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1916 By: Standridge
AS INTRODUCED
An Act relating to prescription drugs; creating the
Oklahoma Patient Right to Know Act; providing short
title; defining terms; authorizing pharmacists to
request certain information on behalf of certain
persons; requiring response from certain entities
within certain timeframe ; establishing fine for
certain violation; directing transmissi on of certain
fine to the Insurance Department for certain deposit;
directing rule promulgation; 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 section of law to be codified
in the Oklahoma Statutes as Section 6980 of Title 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 6981 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. For the purpose of this section:
1. “Insurer” means any entity or insurer autho rized 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 providing
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 engaged
in the production, preparatio n, 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 distribution of
drug products in this state, or any person, business , or entity that
causes the drug products to be compounded, packaged , or transported
in this state. Provided, the term manufacturer shall not include a
wholesale 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 man ager” means a person, business , or
entity, and any partially or wholly owned subsidiary of an entity,
doing business in this state wh ich contracts to administer or manage
prescription drug benefits on behal f of a managed care company,
nonprofit hospital, m edical service 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, ow n-label distributors, private la bel
distributors, jobbers, brokers, warehouses inc luding manufacturers ’
and distributors’ warehouses, chain drug warehouses, whol esale drug
warehouses, independent wholesale drug traders , and retail
pharmacies that conduct wholesale distributions.
B. 1. Beginning January 1, 202 5, a pharmacist, on behalf of a
patient obtaining a prescription drug or drugs, as defined in
paragraph 2 of Section 5040.3 of Title 74 of the Oklahoma Statutes,
shall be authorized to submit a reques t in writing from the patient,
on a form prescribed by the State Board of Pharmacy , for information
on the specific alloc ation of the dollar amount of the retail price
provided to the insurer, manufacturer, wholesale dr ug distributor,
and pharmacy benefit s manager for the drug or drugs being dispensed
pursuant to the prescription.
2. The insurer, manufacturer, wholesale drug distributor , and
pharmacy benefits manager shall have thirty (30) days from receipt
of the request from the pharmacist to provide the i nformation
requested.
3. If the information is not provided to the pharmacist w ithin
thirty (30) days, a fine of Fifty D ollars ($50.00) per day, per
request shall be paid to 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 t he Insurance 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 Commissio ner
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 thi s section.
SECTION 3. This act shall become effective November 1, 2024.
59-2-2424 RD 1/18/2024 11:23:14 AM