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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3119 By: Humphrey
AS INTRODUCED
An Act relating to limitation of action; extending
limitation of action period for good faith belief
that a federal procedural bar was in place when a
cause of action for health care liability claims
arose; defining good faith belief; defining federal
procedural bar; limiting extended period for actions
arising on or after February 1, 2020; clarifying
extended period does not revive any barred claim;
requiring broad construction; providing for
codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 30 of Title 76, unless there is
created a duplication in numbering, reads as follows:
A. Notwithstanding any other provision of law, the good faith
belief that a federal procedural bar was in place when a cause of
action for health care liability claims including, but not limited
to, claims based on negligence, medical malpractice, lack of
informed consent, or medical battery, arose shall extend the
limitation of action of said period until one (1) year after the
good faith belief no longer existed.
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B. A good faith belief exists when a claimant or attorney could
reasonably conclude, based on existing federal declarations,
amendments, advisory opinions, or judicial interpretations, that the
federal liability immunity provisions applied to the alleged
conduct.
C. For the purposes of this section, federal procedural bar
includes federal liability immunity provisions provided in the
Public Readiness and Emergency Preparedness (PREP) Act, 42 U.S.C.,
Section 247d-6d.
D. This section shall apply to all actions accruing on or after
February 1, 2020.
E. This section shall not be interpreted to revive any claim
barred by limitation prior to the effective date of this act. This
section shall be interpreted to clarify that the limitation on said
actions did not run during periods in which filing was legally
impossible, or reasonably perceived as barred, due to a good faith
belief of a federal procedural bar.
F. This section shall be construed broadly to ensure Oklahoma
courts retain jurisdiction over claims that, but for temporary legal
impediment or reasonable misperception of federal preemption, would
have been timely filed.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-14077 AQH 12/15/25