1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 13 By: Garvin
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6 AS INTRODUCED
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7 An Act relating to pharmaceuticals; defining terms;
7 prohibiting certain drug plans from refusing certain
8 dispensing of physician-administered or injectable
8 drugs under certain circumstances; requiring certain
9 drugs meet certain federal requirements; prohibiting
9 patients from payment of certain fees beyond cost-
10 sharing obligation; establishing penalties; providing
10 immunity from liability to certain providers;
11 providing for codification; and providing an
11 effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 6969 of Title 36, unless there
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17 is created a duplication in numbering, reads as follows:
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18 A. As used in this section:
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19 1. “Health care provider” means a provider as defined pursuant
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20 to Section 6571 of Title 36 of the Oklahoma Statutes;
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21 2. “Pharmacy benefits manager” means a manager as defined
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22 pursuant to Section 6960 of Title 36 of the Oklahoma Statutes; and
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 1 3. “White bagged drugs” means a patient-specific medication
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2 distributed from a pharmacy, typically a third-party specialty
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3 pharmacy, to a health care provider for administration.
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4 B. In the event that a health care provider dispenses or
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5 administers a white bagged drug to a patient, that patient’s
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6 pharmaceutical drug plan or the pharmacy benefits manager of the
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7 drug plan shall not refuse to approve, authorize, or pay the third-
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8 party specialty pharmacy for the drug solely because the drug is a
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9 white bagged drug.
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10 C. All white bagged drugs distributed in this state shall meet
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11 supply chain security controls set forth by the federal Drug Supply
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12 Chain Security Act as amended. The State Board of Pharmacy may
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13 promulgate rules related to supply, storage, and transaction history
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14 to ensure that white bagged drugs are in compliance with federal
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15 law.
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16 D. A pharmaceutical drug plan or a pharmacy benefits manager of
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17 a plan shall not require a covered patient to self-administer an
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18 injectable white bagged drug against a health care provider’s
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19 recommendation.
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20 E. A pharmaceutical drug plan or a pharmacy benefits manager of
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21 a plan shall not require a covered patient to pay additional fees
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22 for white bagged drugs beyond cost-sharing obligations as outlined
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23 in the individual’s plan.
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 1 F. Any pharmaceutical drug plan or pharmacy benefits manager in
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2 violation of this act shall be fined a minimum of Five Thousand
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3 Dollars ($5,000.00) per violation, but not more than Ten Thousand
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4 Dollars ($10,000.00) per violation. Fines related to this section
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5 shall not be used when calculating payers, plans, or members loss
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6 ratios and losses incurred pursuant to this subsection shall not be
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7 passed on to the insured in future rate increases.
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8 G. A health care provider shall be immune from civil liability
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9 for any loss or harm to a person due to his or her health insurance
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10 plan utilizing white bagged drugs caused by an act or omission by
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11 the facility or provider that occurs during the process outlined in
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12 this act if the act or omission was not the result of gross
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13 negligence or willful or wanton misconduct of the health care
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14 facility or health care provider rendering the health care services.
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15 SECTION 2. This act shall become effective November 1, 2023.
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17 59-1-424 RD 12/6/2022 11:23:52 AM
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