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