§ 36-6967 — Confidentiality and privilege of information.

A. Documents, evidence, materials, records, reports, complaints or other information in the possession or control of the Office of the Attorney General or Insurance Department that are obtained by, created by or disclosed to the Office of the Attorney General or Insurance Commissioner or any other person in the course of an evaluation, examination, investigation or review made pursuant to the provisions of the Patient’s Right to Pharmacy Choice Act, the Pharmacy Audit Integrity Act or Sections 357 through 360 of Title 59 of the Oklahoma Statutes, except as provided in subsection C of this section, shall be confidential by law and privileged, shall not be subject to open records request, shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action if obtained from the Attorney General, Insurance Commissioner, or any employees or representatives of the Attorney General or Insurance Commissioner. B. Nothing in this section shall prevent the disclosure of a final order issued against a pharmacy benefits manager by the Office of the Attorney General or Insurance Commissioner. Such orders shall be open records. C. Nothing in this section shall prevent the Attorney General from making public, in the form of an examination report, any findings from an examination pursuant to Section 6965 of this title. It shall be the Attorney General’s sole discretion to determine whether it is in the public’s interest to publish these findings. Only the final examination report shall be made public. Any documents, evidence, materials, records, reports, complaints, or other information in possession or control of the Attorney General obtained through the examination shall be confidential by law and privileged, shall not be subject to the Oklahoma Open Records Act, shall not be subject to subpoena, and shall not be subject to discovery or admissible evidence in any private civil action if obtained from the Attorney General. D. In the course of any hearing made pursuant to the provisions of the Patient’s Right to Pharmacy Choice Act, the Pharmacy Audit Integrity Act or Sections 357 through 360 of Title 59 of the Oklahoma Statutes, nothing in this section shall be construed to prevent the Insurance Commissioner or any employees or representatives of the Insurance Commissioner from presenting admissible documents, evidence, materials, records, reports or complaints to the adjudicating authority.

Legislative History

Added by Laws 2019, c. 426, § 10, eff. Nov. 1, 2019. Amended by Laws 2021, c. 472, § 11, emerg. eff. May 11, 2021; Laws 2024, c. 306, § 6, emerg. eff. May 15, 2024.