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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1563 By: Rosino
AS INTRODUCED
An Act relating to nonopioid drugs; amending Section
2, Chapter 124, O.S.L. 2024 (63 O.S. Supp. 2025,
Section 5031), which relates to the state Medicaid
program; adding definition; modifying certain
restrictions on the Medicaid drug formulary; defining
terms; authorizing carrier of state employee flexible
benefit plan to adopt a state preferred drug list
(PDL); prohibiting carrier from imposing certain
utilization controls in PDL; specifying applicability
of certain provisions; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 2, Chapter 124, O.S.L.
2024 (63 O.S. Supp. 2025, Section 5031), is amended to read as
follows:
Section 5031. A. As used in this section, “contracted entity”:
1. “Contracted entity” has the same meaning as provided by
Section 4002.2 of Title 56 of the Oklahoma Statutes; and
2. “Nonopioid drug” has the same meaning as provided by Section
2 of this act.
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B. In establishing and maintaining the formulary for the state
Medicaid program, the Oklahoma Health Care Authority shall ensure
that no not establish more restrictive or more extensive utilization
controls including, but not limited to, more restrictive or more
extensive prior authorization requirements or step therapy
requirements, for any nonopioid drug approved by the United States
Food and Drug Administration (FDA) for the treatment or management
of pain shall be disadvantaged or discouraged by either the
Authority or a contracted entity with respect to coverage on the
formulary relative to any opioid or narcotic drug for the treatment
or management of pain than the least restrictive or extensive
utilization controls applicable to any opioid or narcotic drug that
is FDA-approved for the treatment or management of pain.
C. When a contracted provider prescribes an FDA-approved
nonopioid drug for the treatment or management of pain, the
Authority or a contracted entity shall not deny coverage of the
nonopioid drug in favor of an opioid drug.
D. This section does not preclude opioid drugs from being
preferred over other opioid drugs or nonopioid drugs from being
preferred over other nonopioid drugs.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1313.1 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
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1. “Carrier” has the same meaning as provided in Section 1303
of Title 74 of the Oklahoma Statutes;
2. “Flexible benefit plan” has the same meaning as the term
“plan” as defined in the Oklahoma State Employees Benefits Act,
Section 1363 of Title 74 of the Oklahoma Statutes, and includes any
such plan, whether the carrier is the State of Oklahoma or a state-
designated health maintenance organization (HMO); and
3. “Nonopioid drug” means a drug or biological product that is
indicated to produce analgesia without acting on the body’s opioid
receptors, for which there is no other drug or product that is rated
as therapeutically equivalent under the United States Food and Drug
Administration’s most recent publication of “Approved Drug Products
with Therapeutic Equivalence Evaluations”.
B. Except as otherwise provided in this section, a carrier, for
purposes of offering a flexible benefit plan, may adopt or amend a
state preferred drug list (PDL).
C. In establishing and maintaining the PDL, the carrier shall
not establish more restrictive or more extensive utilization
controls including, but not limited to, more restrictive or more
extensive prior authorization requirements or step therapy
requirements, for any nonopioid drug approved by the United States
Food and Drug Administration (FDA) for the treatment or management
of pain than the least restrictive or extensive utilization controls
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applicable to any opioid or narcotic drug that is FDA-approved for
the treatment or management of pain.
D. This section applies to a nonopioid drug:
1. That has been reviewed and approved for coverage by a
flexible benefit plan or carrier; or
2. Provided under a contract between the carrier and a pharmacy
benefits manager for purposes of a flexible benefit plan.
SECTION 3. This act shall become effective January 1, 2027.
60-2-2479 DC 1/12/2026 7:20:08 PM