{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-358","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-358","heading":"Pharmacy benefits management licensure – Procedures –","body":"Penalties for noncompliance.\n\nA. In order to provide pharmacy benefits management or any of\n\nthe services included under the definition of pharmacy benefits\n\nmanagement in this state, a pharmacy benefits manager or any entity\n\nacting as one in a contractual or employment relationship for a\n\ncovered entity shall first obtain a license from the Insurance\n\nDepartment, and the Department may charge a fee for such licensure.\n\nB. The Department shall establish, by regulation, licensure\n\nprocedures, required disclosures for pharmacy benefits managers\n\n(PBMs) and other rules as may be necessary for carrying out and\n\nenforcing the provisions of this title. The licensure procedures\n\nshall, at a minimum, include the completion of an application form\n\nthat shall include the name and address of an agent for service of\n\nprocess, the payment of a requisite fee, and evidence of the\n\nprocurement of a surety bond.\n\nC. The Department or the Office of the Attorney General may\n\nsubpoena witnesses and information. Its compliance officers may\n\ntake and copy records for investigative use and prosecutions.\n\nNothing in this subsection shall limit the Office of the Attorney\n\nGeneral from using its investigative demand authority to investigate\n\nand prosecute violations of the law.\n\nD. The Department may suspend, revoke or refuse to issue or\n\nrenew a license for noncompliance with any of the provisions hereby\n\nestablished or with the rules promulgated by the Department; for\n\nconduct likely to mislead, deceive or defraud the public or the\n\nDepartment; for unfair or deceptive business practices or for\n\nnonpayment of an application or renewal fee or fine. The Department\n\nmay also levy administrative fines for each count of which a PBM has\n\nbeen convicted in a Department hearing.\n\nE. 1. The Office of the Attorney General, after notice and\n\nopportunity for hearing, may instruct the Insurance Commissioner\n\nthat the PBM’s license be censured, suspended, or revoked for\n\nconduct likely to mislead, deceive, or defraud the public or the\n\nState of Oklahoma; or for unfair or deceptive business practices, or\n\nfor any violation of the Patient’s Right to Pharmacy Choice Act, the\n\nPharmacy Audit Integrity Act, Sections 357 through 360 of this\n\ntitle, or Section 9 of this act. The Office of the Attorney General\n\nmay also levy administrative fines for each count of which a PBM has\n\nbeen convicted following a hearing before the Attorney General. If\n\nthe Attorney General makes such instruction, the Commissioner shall\n\nenforce the instructed action within thirty (30) calendar days.\n\n2. In addition to or in lieu of any censure, 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 this subsection and/or assess any\n\nother penalty or remedy authorized by this section. For purposes of\n\nthis section, each day a PBM fails to comply with an investigation\n\nor inquiry may be considered a separate violation.\n\nF. The Attorney General may promulgate rules to implement the\n\nprovisions of Sections 357 through 360 of this title and Section 9\n\nof this act.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"07e2b0287de99d554ef40785647cba32d5f8e194eae78ea508f54bb4b138ca05","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-357v2","next":"us-ok/okla.-stat.-tit.-59-59-359"},"notice":"GroundRules: Original legal text. Not legal advice."}