Okla. Stat. tit. 36, § 36-6966.1

A. The Insurance Commissioner may censure, suspend, revoke, or

refuse to issue or renew a license of or levy a civil penalty

against any person licensed under the insurance laws of this state

Oklahoma Statutes - Title 36. Insurance Page 1440

for any violation of the Patient’s Right to Pharmacy Choice Act,

Section 6958 et seq. of this title.

B. 1. If the Attorney General finds, after notice and

opportunity for hearing, that a pharmacy benefits manager (PBM)

violated one or more provisions of the Patient’s Right to Pharmacy

Choice Act, the Pharmacy Audit Integrity Act or the provisions of

Sections 357 through 360 of Title 59 of the Oklahoma Statutes, the

Attorney General may instruct the Insurance Commissioner that the

PBM be censured or his or her license be suspended or revoked. If

the Attorney General makes such instruction, the Commissioner shall

enforce such action within thirty (30) days.

2. In addition to or in lieu of any censure or suspension or

revocation of a license by the Commissioner, the Attorney General

may levy a civil or administrative fine not less than One Hundred

Dollars ($100.00) and not greater than Ten Thousand Dollars

($10,000.00) for each violation of the provisions of the Patient’s

Right to Pharmacy Choice Act, the Pharmacy Audit Integrity Act or

the provisions of Sections 357 through 360 of Title 59 of the

Oklahoma Statutes.

3. The Attorney General may order restitution for economic loss

suffered by pharmacies or patients for violations of the Patient’s

Right to Pharmacy Choice Act, the Pharmacy Audit Integrity Act, or

the provisions of Sections 357 through 360 of Title 59 of the

Oklahoma Statutes.

C. Notwithstanding whether the license of a PBM has been

issued, suspended, revoked, surrendered or lapsed by operation of

law, the Attorney General is hereby authorized to enforce the

provisions of the Patient’s Right to Pharmacy Choice Act and impose

any penalty or remedy authorized under the act against a PBM under

investigation for or charged with a violation of the Patient’s Right

to Pharmacy Choice Act, the Pharmacy Audit Integrity Act, the

provisions of Sections 357 through 360 of Title 59 of the Oklahoma

Statutes or any provision of the insurance laws of this state.

D. Each day that a PBM conducts business in this state without

a license from the Insurance Department shall be deemed a violation

of the Patient’s Right to Pharmacy Choice Act.

E. 1. All hearings conducted by the Office of the Attorney

General pursuant to this section shall be public and held in

accordance with the Administrative Procedures Act.

2. Hearings shall be held at the Office of the Attorney General

or any other place the Attorney General may deem convenient.

3. The Attorney General, upon written request from a PBM

affected by the hearing, shall cause a full stenographic record of

the proceedings to be made by a competent court reporter. This

record shall be at the expense of the PBM.

4. The ordinary fees and costs of the hearing examiner

appointed pursuant to Section 319 of this title may be assessed by

Oklahoma Statutes - Title 36. Insurance Page 1441

the hearing examiner against the respondent unless the respondent is

the prevailing party.

F. Any PBM whose license has been censured, suspended, revoked

or denied renewal or who has had a fine levied against him or her

shall have the right of appeal from the final order of the Attorney

General, pursuant to Section 318 et seq. of Title 75 of the Oklahoma

Statutes.

G. If the Attorney General determines, based upon an

investigation of complaints, that a PBM has engaged in violations of

the provisions of the Patient’s Right to Pharmacy Choice Act, the

Pharmacy Audit Integrity Act, and Sections 357 through 360 of Title

59 of the Oklahoma Statutes with such frequency as to indicate a

general business practice, and that the PBM should be subjected to

closer supervision with respect to those practices, the Attorney
stigation of complaints, that a PBM has engaged in violations of

the provisions of the Patient’s Right to Pharmacy Choice Act, the

Pharmacy Audit Integrity Act, and Sections 357 through 360 of Title

59 of the Oklahoma Statutes with such frequency as to indicate a

general business practice, and that the PBM should be subjected to

closer supervision with respect to those practices, the Attorney

General may require the PBM to file a report at any periodic

interval the Attorney General deems necessary.

H. 1. The Attorney General shall have the authority to collect

all fines, penalties, restitution, and interest thereon pursuant to

the provisions of the Patient’s Right to Pharmacy Choice Act, the

Pharmacy Audit Integrity Act, and the provisions of Sections 357

through 360 of Title 59 of the Oklahoma Statutes, or any other

charge, cause of action, prelitigation settlement, or other

settlement that requires the recovery of money as a result of

violations of the Patient’s Right to Pharmacy Choice Act. Funds

collected by the Attorney General pursuant to the Patient’s Right to

Pharmacy Choice Act, the Pharmacy Audit Integrity Act, and Sections

357 through 360 of Title 59 of the Oklahoma Statutes shall be

deposited into the Attorney General’s Pharmacy Benefits Manager

Enforcement Revolving Fund created in Section 5 of this act.

2. Costs of investigation, litigation, attorney fees, and other

expenses incurred shall be retained by the Office of the Attorney

General. Remaining funds shall be distributed to pharmacists,

patients, or other injured parties as determined by the Attorney

General.

3. The Attorney General shall promulgate rules for the

distribution of funds pursuant to this subsection.

I. All claims processed by a PBM on behalf of a provider that

participates in 340B drug pricing or on behalf of a 340B entity

shall be deemed final at the point of adjudication.