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
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 2101 By: Deevers
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to pharmaceutical companies; creating
7 the Oklahoma Medicine Injury Justice Act; providing
8 short title; stating legislative findings and
8 declarations; defining terms; making pharmaceutical
9 companies liable for certain damages; authorizing
9 certain criminal prosecution; specifying
10 applicability of certain immunities and sovereignty;
10 providing for due process; specifying venue;
11 providing certain construction; providing for
11 noncodification; providing for codification;
12 providing an effective date; and declaring an
12 emergency.
13
13
14
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15
16 SECTION 1. NEW LAW A new section of law not to be
16
17 codified in the Oklahoma Statutes reads as follows:
17
18 A. This act shall be known and may be cited as the "Oklahoma
18
19 Medicine Injury Justice Act".
19
20 B. The Legislature finds and declares the following:
20
21 1. State Sovereignty: The Tenth Amendment to the United States
21
22 Constitution reserves to the states all powers not explicitly
22
23 delegated to the federal government, including the authority to
23
24 regulate health and safety within state borders;
24
Req. No. 3491 Page 1
1 2. Protection of Citizens: It is the responsibility of this
1
2 state to protect its citizens from harm caused by pharmaceutical
2
3 products, and the state asserts its sovereign authority to ensure
3
4 accountability for those responsible;
4
5 3. Federal Overreach: Federal immunity statutes including, but
5
6 not limited to, the National Childhood Vaccine Injury Act of 1986,
6
7 the Public Readiness and Emergency Preparedness (PREP) Act of 2005,
7
8 the Project Bioshield Act of 2004, and the Defense Production Act of
8
9 1950, may interfere with the rights of Oklahoma citizens to seek
9
10 justice in state courts and deprive them of adequate remedies for
10
11 harm, which in many cases is very serious or even deadly;
11
12 4. Justice and Accountability: No individual or corporation,
12
13 including pharmaceutical companies, should be shielded from
13
14 liability for harm caused by their actions or products;
14
15 5. Right to Remedy: Article II, Section 6 of the Oklahoma
15
16 Constitution guarantees that "The courts of justice of the State
16
17 shall be open to every person, and speedy and certain remedy
17
18 afforded for every wrong and for every injury to person, property,
18
19 or reputation; and right and justice shall be administered without
19
20 sale, denial, delay, or prejudice". This act ensures that the
20
21 constitutional rights of Oklahoma citizens are preserved in all
21
22 claims related to pharmaceutical harm; and
22
23
23
24
24
Req. No. 3491 Page 2
1 6. Legislative Duty: This act is a necessary and proper
1
2 exercise of Oklahoma's sovereign authority to preserve the health,
2
3 safety, and welfare of its people.
3
4 SECTION 2. NEW LAW A new section of law to be codified
4
5 in the Oklahoma Statutes as Section 9001 of Title 63, unless there
5
6 is created a duplication in numbering, reads as follows:
6
7 As used in this act:
7
8 1. "Fraud" means a deliberate and intentional act to deceive
8
9 another party by misrepresenting, concealing, or omitting a material
9
10 fact to the detriment of the deceived party; and
10
11 2. "Gross negligence" means a conscious, voluntary act or
11
12 omission in reckless disregard of the duty of care, resulting in a
12
13 substantial and unjustifiable risk of harm to another, which a
13
14 reasonable person would consider a gross deviation from acceptable
14
15 standards of conduct.
15
16 SECTION 3. NEW LAW A new section of law to be codified
16
17 in the Oklahoma Statutes as Section 9001.1 of Title 63, unless there
17
18 is created a duplication in numbering, reads as follows:
18
19 A. 1. Any pharmaceutical company whose products are proven to
19
20 directly cause harm to an Oklahoma citizen shall be directly liable
20
21 in Oklahoma state courts for:
21
22 a. compensatory damages including medical expenses, lost
22
23 wages, and other economic losses,
23
24 b. noneconomic damages including pain and suffering, and
24
Req. No. 3491 Page 3
1 c. punitive damages in cases of gross negligence or
1
2 fraud.
2
3 2. Pharmaceutical companies may be criminally prosecuted for
3
4 gross negligence, fraudulent concealment, reckless disregard for
4
5 safety, or intentional harm.
5
6 B. 1. Immunity granted under federal statutes including, but
6
7 not limited to, the National Childhood Vaccine Injury Act of 1986,
7
8 the Public Readiness and Emergency Preparedness (PREP) Act of 2005,
8
9 the Project Bioshield Act of 2004, and the Defense Production Act of
9
10 1950 shall not apply to claims brought in Oklahoma state courts.
10
11 2. Oklahoma asserts its jurisdiction under Article II, Section
11
12 7 of the Oklahoma Constitution and the Tenth Amendment to the
12
13 Constitution of the United States to ensure justice for its
13
14 citizens.
14
15 C. 1. Oklahoma citizens harmed by pharmaceutical products have
15
16 the right to due process under Article II, Section 7 of the Oklahoma
16
17 Constitution.
17
18 2. All claims shall be heard in Oklahoma state courts, with no
18
19 requirement for arbitration or other limitations on access to
19
20 justice.
20
21 SECTION 4. NEW LAW A new section of law to be codified
21
22 in the Oklahoma Statutes as Section 9001.2 of Title 63, unless there
22
23 is created a duplication in numbering, reads as follows:
23
24
24
Req. No. 3491 Page 4
1 To the extent any laws conflict with this act, this act shall
1
2 govern.
2
3 SECTION 5. This act shall become effective July 1, 2026.
3
4 SECTION 6. It being immediately necessary for the preservation
4
5 of the public peace, health or safety, an emergency is hereby
5
6 declared to exist, by reason whereof this act shall take effect and
6
7 be in full force from and after its passage and approval.
7
8
8
9 60-2-3491 BRC 1/15/2026 12:34:42 PM
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 3491 Page 5Every fact on this page links to its source, starting with the official bill record.