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Oklahoma Legislature· SB 1563Second Reading referred to Health and Human Services

An act relating to nonopioid drugs, 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

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

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3 SENATE BILL 1563              By: Rosino
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6                   AS INTRODUCED

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7   An Act relating to nonopioid drugs; amending Section

7   2, Chapter 124, O.S.L. 2024 (63 O.S. Supp. 2025,

8   Section 5031), which relates to the state Medicaid

8   program; adding definition; modifying certain

9   restrictions on the Medicaid drug formulary; defining

9   terms; authorizing carrier of state employee flexible

10  benefit plan to adopt a state preferred drug list

10  (PDL); prohibiting carrier from imposing certain

11  utilization controls in PDL; specifying applicability

11  of certain provisions; providing for codification;

12  and providing an effective date.

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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16  SECTION 1.      AMENDATORY  Section 2, Chapter 124, O.S.L.

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17 2024 (63 O.S. Supp. 2025, Section 5031), is amended to read as
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18 follows:
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19  Section 5031. A. As used in this section, "contracted entity":

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20  1. "Contracted entity" has the same meaning as provided by

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21 Section 4002.2 of Title 56 of the Oklahoma Statutes; and
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22  2. "Nonopioid drug" has the same meaning as provided by Section

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23 2 of this act.
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    Req. No. 2479                                              Page 1
1   B. In establishing and maintaining the formulary for the state

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2 Medicaid program, the Oklahoma Health Care Authority shall ensure
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3 that no not establish more restrictive or more extensive utilization
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4 controls including, but not limited to, more restrictive or more
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5 extensive prior authorization requirements or step therapy
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6 requirements, for any nonopioid drug approved by the United States
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7 Food and Drug Administration (FDA) for the treatment or management
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8 of pain shall be disadvantaged or discouraged by either the
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9 Authority or a contracted entity with respect to coverage on the
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10 formulary relative to any opioid or narcotic drug for the treatment
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11 or management of pain than the least restrictive or extensive
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12 utilization controls applicable to any opioid or narcotic drug that
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13 is FDA-approved for the treatment or management of pain.
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14  C. When a contracted provider prescribes an FDA-approved

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15 nonopioid drug for the treatment or management of pain, the
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16 Authority or a contracted entity shall not deny coverage of the
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17 nonopioid drug in favor of an opioid drug.
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18  D. This section does not preclude opioid drugs from being

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19 preferred over other opioid drugs or nonopioid drugs from being
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20 preferred over other nonopioid drugs.
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21  SECTION 2.     NEW LAW  A new section of law to be codified

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22 in the Oklahoma Statutes as Section 1313.1 of Title 74, unless there
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23 is created a duplication in numbering, reads as follows:
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24  A. As used in this section:

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    Req. No. 2479                                               Page 2
1   1. "Carrier" has the same meaning as provided in Section 1303

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2 of Title 74 of the Oklahoma Statutes;
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3   2. "Flexible benefit plan" has the same meaning as the term

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4 "plan" as defined in the Oklahoma State Employees Benefits Act,
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5 Section 1363 of Title 74 of the Oklahoma Statutes, and includes any
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6 such plan, whether the carrier is the State of Oklahoma or a state-
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7 designated health maintenance organization (HMO); and
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8   3. "Nonopioid drug" means a drug or biological product that is

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9 indicated to produce analgesia without acting on the body's opioid
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10 receptors, for which there is no other drug or product that is rated
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11 as therapeutically equivalent under the United States Food and Drug
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12 Administration's most recent publication of "Approved Drug Products
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13 with Therapeutic Equivalence Evaluations".
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14  B. Except as otherwise provided in this section, a carrier, for

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15 purposes of offering a flexible benefit plan, may adopt or amend a
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16 state preferred drug list (PDL).
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17  C. In establishing and maintaining the PDL, the carrier shall

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18 not establish more restrictive or more extensive utilization
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19 controls including, but not limited to, more restrictive or more
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20 extensive prior authorization requirements or step therapy
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21 requirements, for any nonopioid drug approved by the United States
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22 Food and Drug Administration (FDA) for the treatment or management
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23 of pain than the least restrictive or extensive utilization controls
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    Req. No. 2479                                              Page 3
1 applicable to any opioid or narcotic drug that is FDA-approved for
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2 the treatment or management of pain.
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3   D. This section applies to a nonopioid drug:

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4   1. That has been reviewed and approved for coverage by a

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5 flexible benefit plan or carrier; or
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6   2. Provided under a contract between the carrier and a pharmacy

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7 benefits manager for purposes of a flexible benefit plan.
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8   SECTION 3. This act shall become effective January 1, 2027.

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10  60-2-2479      DC  1/12/2026 7:20:08 PM

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    Req. No. 2479                                            Page 4
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