Okla. Stat. tit. 63, § 63-1-706.21

A. As used in this section:

1. “Emergency opioid antagonist” means a drug including but not

limited to naloxone that blocks the effects of opioids and that is

approved by the United States Food and Drug Administration for the

treatment of an opioid overdose; and

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2. “Health benefit plan” has the same meaning as provided by

Section 6060.4 of Title 36 of the Oklahoma Statutes.

B. A hospital shall distribute to a person who presents to an

emergency department with symptoms of an opioid overdose, opioid use

disorder, or other adverse event related to opioid use, two doses of

an emergency opioid antagonist upon discharge, unless:

1. The treating practitioner determines in his or her clinical

and professional judgment that distributing the emergency opioid

antagonist is not appropriate or the practitioner has confirmed that

the patient already has at least two doses of an emergency opioid

antagonist; or

2. The hospital is not required to distribute the emergency

opioid antagonist due to the conditions described in paragraph 2 of

subsection C of this section.

C. 1. The provisions of subsection B of this section shall

apply without exception in cases where a patient is covered by the

state Medicaid program or by a health benefit plan.

2. The provisions of subsection B of this section shall apply

in cases where a patient is not covered by the state Medicaid

program or by a health benefit plan only if the hospital receives a

supply of one or more emergency opioid antagonists from the

Department of Mental Health and Substance Abuse Services under

Section 1 of this act.

D. To comply with the requirements of this section, a hospital

may, notwithstanding any other provision of state law, utilize any

of the following individuals employed by or under contract with the

hospital to distribute emergency opioid antagonists under this

section:

1. Any health care provider licensed or certified in this state

including, but not limited to, a licensed pharmacist; or

2. Any mental health or substance abuse provider licensed or

certified in this state.

E. 1. In cases where a patient to whom an opioid antagonist is

distributed under this section is covered under the state Medicaid

program, the hospital may bill the state Medicaid program for the

emergency opioid antagonist utilizing the appropriate billing codes

established by the Oklahoma Health Care Authority. The state

Medicaid program shall reimburse such claims in accordance with

applicable law, rules, and contract terms. This billing shall be

separate from and in addition to the payment for the other services

provided during the hospital visit.

2. In cases where a patient to whom an opioid antagonist is

distributed under this section is covered by a health benefit plan,

the hospital may bill the patient’s health benefit plan for the cost

of the emergency opioid antagonist, and the health plan shall

reimburse such claims.

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F. When a hospital distributes an emergency opioid antagonist,

it shall provide:

1. Directions for use; and

2. Information and resources about medication for opioid use

disorder and harm reduction strategies and services which may be

available, such as substance use disorder treatment services and

substance use disorder peer counselors.

This information shall be available in all languages relevant to

the communities that the hospital serves.

G. This section does not prohibit a hospital from distributing

an emergency opioid antagonist to a patient at no cost to the

patient and at no cost to a third-party payor out of the hospital’s

prepurchased supply.

H. Nothing in this section prohibits or modifies a hospital’s

ability or responsibility to bill a patient’s health benefit plan or

to provide financial assistance as required by state or federal law.
s not prohibit a hospital from distributing

an emergency opioid antagonist to a patient at no cost to the

patient and at no cost to a third-party payor out of the hospital’s

prepurchased supply.

H. Nothing in this section prohibits or modifies a hospital’s

ability or responsibility to bill a patient’s health benefit plan or

to provide financial assistance as required by state or federal law.

I. A hospital, its employees, its contractors, and its

practitioners are immune from suit in any action, civil or criminal,

or from professional or other disciplinary action, for action or

inaction in compliance with this section.