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Oklahoma Legislature· HB 3119Referred to Civil Judiciary

An act relating to limitation of action, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3119                        By: Humphrey

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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.

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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

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    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.

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4   60-2-14077      AQH  12/15/25

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    Req. No. 14077                                           Page 3
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