{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6966.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6966.1","heading":"Violations – Penalties - Hearings","body":"A. The Insurance Commissioner may censure, suspend, revoke, or\n\nrefuse to issue or renew a license of or levy a civil penalty\n\nagainst any person licensed under the insurance laws of this state\n\nfor any violation of the Patient’s Right to Pharmacy Choice Act,\n\nSection 6958 et seq. of this title.\n\nB. 1. If the Attorney General finds, after notice and\n\nopportunity for hearing, that a pharmacy benefits manager (PBM)\n\nviolated one or more provisions of the Patient’s Right to Pharmacy\n\nChoice Act, the Pharmacy Audit Integrity Act or the provisions of\n\nSections 357 through 360 of Title 59 of the Oklahoma Statutes, the\n\nAttorney General may instruct the Insurance Commissioner that the\n\nPBM be censured or his or her license be suspended or revoked. If\n\nthe Attorney General makes such instruction, the Commissioner shall\n\nenforce such action within thirty (30) days.\n\n2. In addition to or in lieu of any censure or suspension or\n\nrevocation of a license by the Commissioner, the Attorney General\n\nmay levy a civil or administrative fine not less than One Hundred\n\nDollars ($100.00) and not greater than Ten Thousand Dollars\n\n($10,000.00) for each violation of the provisions of the Patient’s\n\nRight to Pharmacy Choice Act, the Pharmacy Audit Integrity Act or\n\nthe provisions of Sections 357 through 360 of Title 59 of the\n\nOklahoma Statutes.\n\n3. The Attorney General may order restitution for economic loss\n\nsuffered by pharmacies or patients for violations of the Patient’s\n\nRight to Pharmacy Choice Act, the Pharmacy Audit Integrity Act, or\n\nthe provisions of Sections 357 through 360 of Title 59 of the\n\nOklahoma Statutes.\n\nC. Notwithstanding whether the license of a PBM has been\n\nissued, suspended, revoked, surrendered or lapsed by operation of\n\nlaw, the Attorney General is hereby authorized to enforce the\n\nprovisions of the Patient’s Right to Pharmacy Choice Act and impose\n\nany penalty or remedy authorized under the act against a PBM under\n\ninvestigation for or charged with a violation of the Patient’s Right\n\nto Pharmacy Choice Act, the Pharmacy Audit Integrity Act, the\n\nprovisions of Sections 357 through 360 of Title 59 of the Oklahoma\n\nStatutes or any provision of the insurance laws of this state.\n\nD. Each day that a PBM conducts business in this state without\n\na license from the Insurance Department shall be deemed a violation\n\nof the Patient’s Right to Pharmacy Choice Act.\n\nE. 1. All hearings conducted by the Office of the Attorney\n\nGeneral pursuant to this section shall be public and held in\n\naccordance with the Administrative Procedures Act.\n\n2. Hearings shall be held at the Office of the Attorney General\n\nor any other place the Attorney General may deem convenient.\n\n3. The Attorney General, upon written request from a PBM\n\naffected by the hearing, shall cause a full stenographic record of\n\nthe proceedings to be made by a competent court reporter. This\n\nrecord shall be at the expense of the PBM.\n\n4. The ordinary fees and costs of the hearing examiner\n\nappointed pursuant to Section 319 of this title may be assessed by\n\nthe hearing examiner against the respondent unless the respondent is\n\nthe prevailing party.\n\nF. Any PBM whose license has been censured, suspended, revoked\n\nor denied renewal or who has had a fine levied against him or her\n\nshall have the right of appeal from the final order of the Attorney\n\nGeneral, pursuant to Section 318 et seq. of Title 75 of the Oklahoma\n\nStatutes.\n\nG. If the Attorney General determines, based upon an\n\ninvestigation of complaints, that a PBM has engaged in violations of\n\nthe provisions of the Patient’s Right to Pharmacy Choice Act, the\n\nPharmacy Audit Integrity Act, and Sections 357 through 360 of Title\n\n59 of the Oklahoma Statutes with such frequency as to indicate a\n\ngeneral business practice, and that the PBM should be subjected to\n\ncloser supervision with respect to those practices, the Attorney\nstigation of complaints, that a PBM has engaged in violations of\n\nthe provisions of the Patient’s Right to Pharmacy Choice Act, the\n\nPharmacy Audit Integrity Act, and Sections 357 through 360 of Title\n\n59 of the Oklahoma Statutes with such frequency as to indicate a\n\ngeneral business practice, and that the PBM should be subjected to\n\ncloser supervision with respect to those practices, the Attorney\n\nGeneral may require the PBM to file a report at any periodic\n\ninterval the Attorney General deems necessary.\n\nH. 1. The Attorney General shall have the authority to collect\n\nall fines, penalties, restitution, and interest thereon pursuant to\n\nthe provisions of the Patient’s Right to Pharmacy Choice Act, the\n\nPharmacy Audit Integrity Act, and the provisions of Sections 357\n\nthrough 360 of Title 59 of the Oklahoma Statutes, or any other\n\ncharge, cause of action, prelitigation settlement, or other\n\nsettlement that requires the recovery of money as a result of\n\nviolations of the Patient’s Right to Pharmacy Choice Act. Funds\n\ncollected by the Attorney General pursuant to the Patient’s Right to\n\nPharmacy Choice Act, the Pharmacy Audit Integrity Act, and Sections\n\n357 through 360 of Title 59 of the Oklahoma Statutes shall be\n\ndeposited into the Attorney General’s Pharmacy Benefits Manager\n\nEnforcement Revolving Fund created in Section 5 of this act.\n\n2. Costs of investigation, litigation, attorney fees, and other\n\nexpenses incurred shall be retained by the Office of the Attorney\n\nGeneral. Remaining funds shall be distributed to pharmacists,\n\npatients, or other injured parties as determined by the Attorney\n\nGeneral.\n\n3. The Attorney General shall promulgate rules for the\n\ndistribution of funds pursuant to this subsection.\n\nI. All claims processed by a PBM on behalf of a provider that\n\nparticipates in 340B drug pricing or on behalf of a 340B entity\n\nshall be deemed final at the point of adjudication.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d9df5fb62eb4a637f2c543c67abba09e39954861d8355b7b85428a36f85178a4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6965","next":"us-ok/okla.-stat.-tit.-36-36-6966.2"},"notice":"GroundRules: Original legal text. Not legal advice."}