1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 4457 By: Newton | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to pharmacy benefits managers; | | defining terms; regulating pharmacy benefits managers | 8| interest in a certain license; providing enforcement; | | providing a limited exception; providing for | 9| promulgation of rules by the State Board of Pharmacy; | | allowing for extension of time depending on certain | 10| criteria; directing written notice to pharmacy | | license holders in violation; specifying written | 11| notice requirements; requiring written notice to | | patients from pharmacy; providing for codification; | 12| and providing an effective date. | | | 13| | | | 14| | | | 15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 16| SECTION 1. NEW LAW A new section of law to be codified | | | 17|in the Oklahoma Statutes as Section 356.10 of Title 59, unless there | | | 18|is created a duplication in numbering, reads as follows: | | | 19| A. As used in this section: | | | 20| 1. "License" means a license issued pursuant to Section 353.18 | | | 21|of Title 59 and shall include a pharmacy license for a mail-order | | | 22|pharmacy; and | | | 23| | | | 24| | | | Req. No. 14549 Page 1 ___________________________________________________________________________
1| 2. "Pharmacy benefits manager" means the same as defined in | | | 2|Section 6960 of Title 36 of the Oklahoma Statutes and shall include | | | 3|an entity that: | | | 4| a. is managed by a pharmacy benefits manager or is a | | | 5| subsidiary of a pharmacy benefits manager, or | | | 6| b. has a direct or indirect ownership interest in a | | | 7| pharmacy benefits manager. | | | 8| B. A pharmacy benefits manager shall not acquire direct or | | | 9|indirect interest in, or otherwise hold, directly or indirectly, a | | | 10|license pursuant to Section 353.18 of Title 59 for retail sale of | | | 11|drugs or medicines in this state. | | | 12| C. On and after the effective date of this act, the State Board | | | 13|of Pharmacy shall either revoke or not renew a license of an entity | | | 14|that violates this section. | | | 15| D. Until September 1, 2028, the Board may issue a limited use | | | 16|license for certain rare, orphan, or limited distribution drugs that | | | 17|are otherwise unavailable in the market to a patient or a pharmacy | | | 18|that would otherwise be prohibited pursuant to this section. | | | 19| 1. The Board may assess the need for rare, orphan, or limited | | | 20|distribution drugs pursuant to this subsection before revocation or | | | 21|renewal of an existing license for a pharmacy; | | | 22| 2. If the assessment made by the Board in paragraph 1 of this | | | 23|subsection determines that a rare, orphan, or limited distribution | | | 24|drug is otherwise unavailable in the market to a patient or pharmacy | | | Req. No. 14549 Page 2 ___________________________________________________________________________
1|that would otherwise be prohibited in this section, the Board shall | | | 2|convert the license for the prohibited pharmacy to a limited use | | | 3|license for that pharmacy for a period of no less than ninety (90) | | | 4|days; and | | | 5| 3. The Board shall promulgate rules to implement the provisions | | | 6|of this subsection. The rules shall establish: | | | 7| a. the process in which a patient, pharmacy, or health | | | 8| care provider may notify the Board of a rare, orphan, | | | 9| or limited distribution drug unavailable in the | | | 10| market, | | | 11| b. the process in which a pharmacy may request a limited | | | 12| use license, | | | 13| c. the timeline in which the Board shall make decisions, | | | 14| and | | | 15| d. the process for emergency determinations due to | | | 16| patient need. | | | 17| E. The Board may extend the use of a license or issue a renewal | | | 18|of a license for a pharmacy that offers same-day patient access for | | | 19|pharmacist services, a prescription for a controlled substance, | | | 20|mental health services, or other critical patient health care | | | 21|services for a period of time as determines by the Board if there is | | | 22|a pending sale of the pharmacy to an eligible buyer. | | | 23| F. This section shall not apply to a pharmacy employer and a | | | 24|pharmacy that: | | | Req. No. 14549 Page 3 ___________________________________________________________________________
1| 1. Has direct or indirect interest in a pharmacy benefits | | | 2|manager; | | | 3| 2. The pharmacy employer is the sole Oklahoma client of the | | | 4|pharmacy benefits manager that the pharmacy employer has a direct or | | | 5|indirect interest in; and | | | 6| 3. Exclusively services the employees and dependents of the | | | 7|pharmacy employer while utilizing the affiliated pharmacy benefits | | | 8|manager in this state. | | | 9| SECTION 2. NEW LAW A new section of law to be codified | | | 10|in the Oklahoma Statutes as Section 356.11 of Title 59, unless there | | | 11|is created a duplication in numbering, reads as follows: | | | 12| A. The State Board of Pharmacy shall conduct an initial | | | 13|assessment of each active pharmacy license that was issued pursuant | | | 14|to Section 353.18 of Title 59 as of July 1, 2026, and shall send | | | 15|written notice to each pharmacy license holder that the Board | | | 16|reasonably believes will violate Section 2 of this act at least | | | 17|ninety (90) days before January 1, 2027. As used in this | | | 18|subsection, "written notice" means actual notice to the pharmacy | | | 19|license holder via mail or email. | | | 20| B. The written notice required pursuant to subsection A of this | | | 21|section shall include: | | | 22| 1. A list of each pharmacy benefits manager that holds a direct | | | 23|or indirect interest in, or otherwise holds, directly or indirectly, | | | 24|a license pursuant to Section 353.18 of Title 59 for the retail sale | | | Req. No. 14549 Page 4 ___________________________________________________________________________
1|of drugs or medicines in this state held by the pharmacy license | | | 2|holder; | | | 3| 2. A phone number and email address that is monitored by the | | | 4|Board during regular business hours; and | | | 5| 3. A list of Oklahoma pharmacies that hold an active license | | | 6|that are not reasonably expected to violate Section 2 of this act as | | | 7|of January 1, 2027. The list shall include: | | | 8| a. the name of the pharmacy, | | | 9| b. the phone number of the pharmacy, | | | 10| c. the physical address of the pharmacy, | | | 11| d. the website of the pharmacy, if known, and | | | 12| e. an email address for the pharmacy, if known. | | | 13| If the Board has a searchable website that includes the | | | 14|information requires in this paragraph, the Board may provide the | | | 15|website information in lieu of the list. | | | 16| C. A pharmacy license holder with written notice from the Board | | | 17|pursuant to subsection A of this section shall provide written | | | 18|notice at least sixty (6) days before January 1, 2027, to each | | | 19|patient and each patient's prescribing health care provider that has | | | 20|used the pharmacy within the previous twelve (12) months that the | | | 21|pharmacy can no longer dispense retail drugs to the patient on or | | | 22|after January 1, 2027. As used in this subsection, "written notice" | | | 23|means actual notice to the patient via mail, email, or through the | | | 24|pharmacy's patient portal. Written notice shall include the | | | Req. No. 14549 Page 5 ___________________________________________________________________________
1|information under paragraphs 2 and 3 of subsection B of this section | | | 2|provided by the Board to the pharmacy license holder. | | | 3| SECTION 3. This act shall become effective November 1, 2026. | | | 4| | | | 5| 60-2-14549 TJ 12/10/25 | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 14549 Page 6