1. (a) Any one of the following acts, in this state, effected by mail or otherwise, is defined to be doing pharmacy benefits management business:

   1. (1) The making of or proposing to make, as a PBM, a contract with a covered entity for the provision of pharmacy benefits management services to covered individuals;
   2. (2) The provision of pharmacy benefit management services to covered individuals;

   3. (3) Directly or indirectly acting as an agent for, or otherwise representing or aiding on behalf of another, any person or PBM in:

      1. (A) the solicitation, negotiation, procurement, or effectuation of pharmacy benefits management contracts or services;
      2. (B) the transaction of matters subsequent to effectuation of a contract providing pharmacy benefits management services and arising out of it; or
      3. (C) any other manner representing or assisting a person in the transaction of the business of pharmacy benefits management.
2. (b) The provisions of this section do not apply to transactions in this state involving a contract between a covered entity and a PBM not contracted to any provider in this state, that is lawfully solicited, written, and delivered outside of this state, covering only pharmacy benefits provided to individuals or entities not residing or located in this state.

Added at 32 Ok Reg 1953, eff 9-15-15

Amended at 40 Ok Reg 1628, eff 9-1-23