1. A. The Insurance Commissioner may censure, suspend, revoke or refuse to issue or renew a license of or levy a civil penalty against any person licensed under the insurance laws of this state for any violation of the Patient’s Right to Pharmacy Choice Act, Section 6958 et seq. of Title 6 of the Oklahoma Statutes.

2. B.

   1. 1. If the Commissioner finds, after notice and opportunity for hearing, that a pharmacy benefits manager (PBM) violated one or more provisions of the Patient’s Right to Pharmacy Choice Act, the Pharmacy Audit Integrity Act or the provisions of Sections 357 through 360 of Title 59 of the Oklahoma Statues, the PBM may be censured, his or her license may be suspended or revoked and a penalty or remedy authorized by this act may be imposed.
   2. 2. In addition to or in lieu of any censure, suspension or revocation of a license, a PBM may be subject to a civil fine of not less than One Hundred Dollars ($100.00) and not greater than Ten Thousand Dollars ($10,000.00) for each violation of the provisions of the Patient’s Right to Pharmacy Choice Act, the Pharmacy Audit Integrity Act or the provisions of Sections 357 through 360 of Title 59 of the Oklahoma Statues, following notice and an opportunity for a hearing.
3. C. Notwithstanding whether the license of a PBM has been issued, suspended, revoked, surrendered or lapsed by operation of law, the Commissioner is hereby authorized to enforce the provisions of the Patient’s Right to Pharmacy Choice Act and impose any penalty or remedy authorized under the Act against a PBM under investigation for or charged with a violation of the Patient’s Right to Pharmacy Choice Act, the Pharmacy Audit Integrity Act, the provisions of Sections 357 through 360 of Title 59 of the Oklahoma Statues or any provision of the insurance laws of this state.
4. D. Each day that a PBM conducts business in this state without a license from the Insurance Department shall be deemed a violation of the Patient’s Right to Pharmacy Choice Act.

5. E.

   1. 1. All hearings conducted by the Insurance Department pursuant to this section shall be public and held in accordance with the Administrative Procedures Act.
   2. 2. Hearings shall be held at the office of the Insurance Commissioner or any other place the Commissioner may deem convenient.
   3. 3. The Commissioner, upon written request from a PBM affected by the hearing, shall cause a full stenographic record of the proceedings to be made by a competent court reporter. This record shall be at the expense of the PBM.
   4. 4. The ordinary fees and costs of the hearing examiner appointed pursuant to Section 319 of Title 36 of the Oklahoma Statutes may be assessed by the hearing examiner against the respondent unless the respondent is the prevailing party.
6. F. Any PBM whose license has been censured, suspended, revoked or denied renewal or who has had a fine levied against him or her shall have the right of appeal from the final order of the Insurance Commissioner, pursuant to Section 318 et seq. of Title 75 of the Oklahoma Statutes.
7. G. If the Insurance Commissioner determines, based upon an investigation of complaints, that a PBM has engaged in violations of the provisions of the Patient’s Right to Pharmacy Choice Act with such frequency as to indicate a general business practice, and that the PBM should be subjected to closer supervision with respect to those practices, the Commissioner may require the PBM to file a report at any periodic interval the Commissioner deems necessary.

Laws 2022, SB 737, c. 38, § 3, emerg. eff. April 21, 2022.