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 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 801 By: Deevers
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6 AS INTRODUCED
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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.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law not to be
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17 codified in the Oklahoma Statutes reads as follows:
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18 A. This Act shall be known and may be cited as the "Oklahoma
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19 Medicine Injury Justice Act".
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20 B. The Legislature of the State of Oklahoma finds and declares
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21 the following:
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22 1. State Sovereignty: The Tenth Amendment to the United States
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23 Constitution reserves to the states all powers not explicitly
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Req. No. 1352 Page 1
1 delegated to the federal government, including the authority to
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2 regulate health and safety within state borders;
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3 2. Protection of Citizens: It is the responsibility of the
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4 State of Oklahoma to protect its citizens from harm caused by
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5 pharmaceutical products, and the state asserts its sovereign
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6 authority to ensure accountability for those responsible;
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7 3. Federal Overreach: Federal immunity statutes including, but
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8 not limited to, the National Childhood Vaccine Injury Act of 1986,
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9 the Public Readiness and Emergency Preparedness (PREP) Act of 2005,
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10 the Project Bioshield Act of 2004, and the Defense Production Act of
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11 1950, which may interfere with the rights of Oklahoma citizens to
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12 seek justice in state courts and deprive them of adequate remedies
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13 for harm, which in many cases is very serious or even deadly;
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14 4. Justice and Accountability: No individual or corporation,
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15 including pharmaceutical companies, should be shielded from
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16 liability for harm caused by their actions or products;
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17 5. Right to Remedy: Article II, Section 6 of the Oklahoma
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18 Constitution guarantees that "The courts of justice of the State
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19 shall be open to every person, and speedy and certain remedy
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20 afforded for every wrong and for every injury to person, property,
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21 or reputation; and right and justice shall be administered without
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22 sale, denial, delay, or prejudice." This act ensures that the
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23 constitutional rights of Oklahoma citizens are preserved in all
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24 claims related to pharmaceutical harm; and
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Req. No. 1352 Page 2
1 6. Legislative Duty: This act is a necessary and proper
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2 exercise of Oklahoma's sovereign authority to preserve the health,
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3 safety, and welfare of its people.
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4 SECTION 2. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 9001 of Title 63, unless there
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6 is created a duplication in numbering, reads as follows:
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7 As used in this act:
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8 1. "Fraud" means a deliberate and intentional act to deceive
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9 another party by misrepresenting, concealing, or omitting a material
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10 fact to the detriment of the deceived party; and
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11 2. "Gross negligence" means a conscious, voluntary act or
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12 omission in reckless disregard of the duty of care, resulting in a
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13 substantial and unjustifiable risk of harm to another, which a
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14 reasonable person would consider a gross deviation from acceptable
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15 standards of conduct.
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16 SECTION 3. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 9001.1 of Title 63, unless there
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18 is created a duplication in numbering, reads as follows:
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19 A. 1. Any pharmaceutical company whose products are proven to
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20 directly cause harm to an Oklahoma citizen shall be directly liable
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21 in Oklahoma state courts for:
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22 a. compensatory damages including medical expenses, lost
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23 wages, and other economic losses,
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24 b. noneconomic damages including pain and suffering, and
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Req. No. 1352 Page 3
1 c. punitive damages in cases of gross negligence or
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2 fraud.
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3 2. Pharmaceutical companies may be criminally prosecuted for
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4 gross negligence, fraudulent concealment, reckless disregard for
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5 safety, or intentional harm.
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6 B. 1. Immunity granted under federal statutes including, but
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7 not limited to, the National Childhood Vaccine Injury Act of 1986,
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8 the Public Readiness and Emergency Preparedness (PREP) Act of 2005,
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9 the Project Bioshield Act of 2004, and the Defense Production Act of
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10 1950 shall not apply to claims brought in Oklahoma state courts.
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11 2. Oklahoma asserts its jurisdiction under Article II, Section
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12 7 of the Oklahoma Constitution and the Tenth Amendment to the
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13 Constitution of the United States to ensure justice for its
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14 citizens.
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15 C. 1. Oklahoma citizens harmed by pharmaceutical products have
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16 the right to due process under Article II, Section 7 of the Oklahoma
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17 Constitution.
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18 2. All claims shall be heard in Oklahoma state courts, with no
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19 requirement for arbitration or other limitations on access to
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20 justice.
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21 SECTION 4. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 9001.2 of Title 63, unless there
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23 is created a duplication in numbering, reads as follows:
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1 To the extent any laws conflict with this act, this act shall
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2 govern.
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3 SECTION 5. This act shall become effective July 1, 2025.
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4 SECTION 6. It being immediately necessary for the preservation
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5 of the public peace, health or safety, an emergency is hereby
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6 declared to exist, by reason whereof this act shall take effect and
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7 be in full force from and after its passage and approval.
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9 60-1-1352 DC 1/19/2025 5:43:36 AM
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Req. No. 1352 Page 5Every fact on this page links to its source, starting with the official bill record.