1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 3119 By: Humphrey | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to limitation of action; extending | | limitation of action period for good faith belief | 8| that a federal procedural bar was in place when a | | cause of action for health care liability claims | 9| arose; defining good faith belief; defining federal | | procedural bar; limiting extended period for actions | 10| arising on or after February 1, 2020; clarifying | | extended period does not revive any barred claim; | 11| requiring broad construction; providing for | | codification; and declaring an emergency. | 12| | | | 13| | | | 14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 15| SECTION 1. NEW LAW A new section of law to be codified | | | 16|in the Oklahoma Statutes as Section 30 of Title 76, unless there is | | | 17|created a duplication in numbering, reads as follows: | | | 18| A. Notwithstanding any other provision of law, the good faith | | | 19|belief that a federal procedural bar was in place when a cause of | | | 20|action for health care liability claims including, but not limited | | | 21|to, claims based on negligence, medical malpractice, lack of | | | 22|informed consent, or medical battery, arose shall extend the | | | 23|limitation of action of said period until one (1) year after the | | | 24|good faith belief no longer existed. | | | Req. No. 14077 Page 1 ___________________________________________________________________________
1| B. A good faith belief exists when a claimant or attorney could | | | 2|reasonably conclude, based on existing federal declarations, | | | 3|amendments, advisory opinions, or judicial interpretations, that the | | | 4|federal liability immunity provisions applied to the alleged | | | 5|conduct. | | | 6| C. For the purposes of this section, federal procedural bar | | | 7|includes federal liability immunity provisions provided in the | | | 8|Public Readiness and Emergency Preparedness (PREP) Act, 42 U.S.C., | | | 9|Section 247d-6d. | | | 10| D. This section shall apply to all actions accruing on or after | | | 11|February 1, 2020. | | | 12| E. This section shall not be interpreted to revive any claim | | | 13|barred by limitation prior to the effective date of this act. This | | | 14|section shall be interpreted to clarify that the limitation on said | | | 15|actions did not run during periods in which filing was legally | | | 16|impossible, or reasonably perceived as barred, due to a good faith | | | 17|belief of a federal procedural bar. | | | 18| F. This section shall be construed broadly to ensure Oklahoma | | | 19|courts retain jurisdiction over claims that, but for temporary legal | | | 20|impediment or reasonable misperception of federal preemption, would | | | 21|have been timely filed. | | | 22| SECTION 2. It being immediately necessary for the preservation | | | 23|of the public peace, health or safety, an emergency is hereby | | | 24| | | | Req. No. 14077 Page 2 ___________________________________________________________________________
1|declared to exist, by reason whereof this act shall take effect and | | | 2|be in full force from and after its passage and approval. | | | 3| | | | 4| 60-2-14077 AQH 12/15/25 | | | 5| | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 14077 Page 3