Oklahoma § 36-6967 - Confidentiality and privilege of information

§ 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

Oklahoma Statutes - Title 36. Insurance

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.

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.