1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 3910 By: Dollens | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to false advertising in health care; | | defining term; describing the deceptive act; | 8| providing for enforcement; providing penalties; | | providing for codification; and providing an | 9| effective date. | | | 10| | | | 11| | | | 12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 13| SECTION 1. NEW LAW A new section of law to be codified | | | 14|in the Oklahoma Statutes as Section 7350 of Title 63, unless there | | | 15|is created a duplication in numbering, reads as follows: | | | 16| As used in this act: | | | 17| "Health care services" means all supplies, care, and services of | | | 18|a medical, dental, behavioral health, mental health, substance use | | | 19|disorder treatment, surgical, psychiatric, therapeutic, diagnostic, | | | 20|preventative, rehabilitative, or supportive nature, including | | | 21|medication. | | | 22| SECTION 2. NEW LAW A new section of law to be codified | | | 23|in the Oklahoma Statutes as Section 7351 of Title 63, unless there | | | 24|is created a duplication in numbering, reads as follows: | | | Req. No. 14212 Page 1 ___________________________________________________________________________
1| A. It is an unfair and deceptive act and practice in commerce, | | | 2|and a violation of the Consumer Protection Act as described in Title | | | 3|15 of the Oklahoma Statutes, for any person to disseminate or cause | | | 4|to be disseminated to the public any advertising about health care | | | 5|services or proposed services performed in this state that is untrue | | | 6|or clearly designed to mislead the public about the nature of the | | | 7|services provided. | | | 8| B. Such advertising includes representations made directly to | | | 9|consumers, marketing practices, communication in any print medium, | | | 10|such as newspapers, magazines, mailers, or handouts; and any | | | 11|broadcast medium, such as television or radio, telephone marketing, | | | 12|or advertising over the Internet, such as through social media, | | | 13|websites, and web advertisements. | | | 14| C. For purposes of this section, advertising about health care | | | 15|services is an act in commerce. | | | 16| SECTION 3. NEW LAW A new section of law to be codified | | | 17|in the Oklahoma Statutes as Section 7352 of Title 63, unless there | | | 18|is created a duplication in numbering, reads as follows: | | | 19| A. Whenever the Attorney General or a district attorney has | | | 20|reasonable cause to believe that a person has violated this section, | | | 21|the Attorney General may issue a civil investigative demand. | | | 22| B. The Attorney General or district attorney may commence an | | | 23|action in any court of competent jurisdiction for injunctive relief | | | 24| | | | Req. No. 14212 Page 2 ___________________________________________________________________________
1|to compel compliance with the provisions of this section, and seek | | | 2|civil penalties for violations. | | | 3| C. Prior to commencing an action in court, the Attorney General | | | 4|or district attorney shall give written notice to the person to cure | | | 5|such violations not later than ten (10) business days after receipt | | | 6|of the written notice. | | | 7| D. Upon a finding by the court that a person has violated this | | | 8|section, the state shall be entitled to recover: | | | 9| 1. Civil penalties of up to Three Thousand Dollars ($3,000.00) | | | 10|for a first violation; | | | 11| 2. Civil penalties of up to Ten Thousand Dollars ($10,000.00) | | | 12|for a second or subsequent violation; and | | | 13| 3. Reasonable attorney fees and costs. | | | 14| E. In determining the overall amount of civil penalties to | | | 15|assess against a person, the court shall include, but not be limited | | | 16|to, the following in its consideration: | | | 17| 1. The nature and severity of the violation; | | | 18| 2. The size, scope, and type of the offending organization; and | | | 19| 3. The good-faith cooperation of the offending organization | | | 20|with any investigations conducted by the Attorney General or | | | 21|district attorney pursuant to this section. | | | 22| SECTION 4. This act shall become effective November 1, 2026. | | | 23| | | | 24| 60-2-14212 TJ 12/11/25 | | | Req. No. 14212 Page 3