Oklahoma Laws

Summary of Oklahoma Laws Regarding Reproductive Health

  • OS 21-684: criminalizes any physician who knowingly performs a partial-birth abortion, thereby killing a human fetus. The statute defines partial-birth abortion as an abortion where the living fetus is delivered partially in the vagina, killed, and then delivered completely. Repercussions for physicians could include a fine of $10,000, imprisonment for up to two years, or both. This law does not apply to partial-birth abortions that are necessary to save the life of a mother whose is endangered by a physical disorder, illness or injury.   See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=103809
  • OS 63-1-729a: defines an abortion-inducing drug as any substance prescribed or dispensed with knowledge that it could possibly terminate a pregnancy. Also establishes criteria for physicians that administer abortion-inducing drugs.
    See: http://legiscan.com/gaits/view/258871
  • OS 63-1-738l: outlines the mandatory report to be filed in the event that complications arise from an abortion procedure.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=460512
  • OS 63-1-738j: establishes submission requirements for the Annual Abortion Report, in accordance with the Statistical Abortion Reporting Act. Mainly, the report must provide statistics for the previous calendar year.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=460510
  • OS 63-1-741.3: restricts access to abortion in accordance with the Patient Protection and Affordable Care Act. Specifically, this section sets limitations for insurance plans and providers, and prohibits providers from insuring elective abortions – defined as an abortion for any reason other than to prevent the death of the mother upon whom the abortion is performed.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=463670
  • OS 63-1-732: deems a fetus viable after 24 weeks, now making it considered a woman’s unborn child. No person shall perform or induce an abortion after this time unless it is necessary to prevent the death or impairment of the pregnant woman.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=98159
  • OS 63-1-738.2: An abortion is considered “without informed consent and involuntary” (except in the case of a medical emergency) if the woman is not told certain information by telephone or in person at least 24 hours before the abortion. This mandated information includes ultrasound imaging and heart tone monitoring (to view fetus and listen to heartbeat), info about medical assistance, etc. The woman must be informed that the father is liable to assist in the support of her child, even if he has offered to pay for the abortion.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=443331
  • OS 63-1-738.3d: states that in order for a woman to make an informed decision, the physician who will perform or induce the abortion must do a vaginal or abdominal ultrasound at least one hour before an abortion. The ultrasound choice depends on which method would display the embryo or fetus more clearly. The woman may avert her eyes from the ultrasound image without penalty.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=443331
  • OS 63-1-741: private hospitals and individual employees may refuse to permit an abortion. Refusal to perform an abortion is not grounds for civil liability, disciplinary, or other recriminatory action.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=98168
  • 63-1-737.4: requires that any private office or clinic where elective abortions are performed or prescribed must conspicuously post the following: “Notice: It is against the law for anyone, regardless of his or her relationship to you, to force you to have an abortion. By law, we cannot perform, induce, prescribe for, or provide you with the means for an abortion unless we have your freely given and voluntary consent. It is against the law to perform, induce, prescribe for, or provide you with the means for an abortion against your will. You have the right to contact any local or state law enforcement agency to receive protection from any actual or threatened physical abuse or violence.”
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=460485
  • OS 63-1-745.8: permits suits against abortion providers that are performed in violation of the Pain-Capable Unborn Child Protection Act (20 week abortion ban unless abortion is necessary for the woman to prevent death or irreversible injuries of a major bodily function – not including emotional or psychological conditions).
  • See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=463699
  • OS 63-1-740.3: A judge may authorize a physician to perform the abortion if it is determined that the pregnant, unemancipated minor is mature and capable of giving informed consent to the proposed abortion. If the judge determines that the pregnant, unemancipated minor is not mature the judge may decide that the performance of an abortion without notification and written informed consent of her parent would not be in her best interest.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=443337
  • OS 63-1-734: demands care and treatment of live-born fetuses and states that no person shall purposely take the life of a child born alive when partially or totally removed from the uterus of the pregnant woman during an abortion. Any person violating this section shall be guilty of homicide.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=98161
  • OS 63-1-568: states that a genetic counselor’s licensure, accreditation, or certification is not contingent upon acceptance of abortion as a treatment option for any genetic or other prenatal disease, anomaly, or disability, in accordance with the Genetic Counseling Licensure Act.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=446781
  • OS 63-1-740.11: mandates that the State Department facilitate funding to nongovernmental entities that provide “alternatives-to-abortion” services. These services promote childbirth instead of abortion by providing information, counseling, and support services that assist pregnant women or women who believe they may be pregnant to choose childbirth.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=446865
  • 63-1-740.12: states that the revolving fund for alternatives-to-abortion services shall not subject to fiscal year limitations and that the fund is not available to any organization or affiliate of an organization which provides or promotes abortions or directly refers for abortion.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=446866
  • OS 63-1-736: no hospital that performs abortions can advertise that it also provides counseling to pregnant women, unless the counseling is done by a person holding at least a bachelor’s degree from an accredited college or university in psychology or a similar field. The counseling includes explicit discussion of the development of the unborn child; and the discussion of the alternatives to abortion and the availability of agencies and services to assist her if she chooses not to have an abortion.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=98163
  • OS 63-1-741.1: makes the action of performing or assisting an abortion illegal for any person or agency employed by the state except when: 1. the procedure is necessary to save the life of the mother; 2. the pregnancy resulted from an act of forcible rape which was reported to the proper law enforcement authorities; 3. the pregnancy resulted from an act of incest committed against a minor and the perpetrator has been reported to the proper law enforcement authorities. It shall be unlawful for any funds received or controlled by this state to be used to encourage a woman to have an abortion not necessary to save her life, except to the extent required for continued participation in a federal program.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=450212
  • OS 63-1-745.10: a clause to the Pain-Capable Unborn Child Protection Act: “if any one or more provisions, sections, subsections, sentences, clauses, phrases or words of the Pain- Capable Unborn Child Protection Act or the application thereof to any person or circumstance is found to be unconstitutional, the balance of the Pain-Capable Unborn Child Protection Act shall remain effective.”
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=463702
  • OS 63-1-745.9: allows the court to rule whether a woman who had an abortion can remain anonymous from public disclosure if she does not give her consent to such disclosure in civil or criminal proceedings brought under the Pain-Capable Unborn Child Protection Act.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=463700
  • OS 21-861: criminalizes procuring an abortion or miscarriage: “every person who administers to any woman, or who prescribes for any woman, or advises any woman to take any medicine, drug or substance, or uses or employs any instrument, or other means whatever, with intent thereby to procure the miscarriage of such woman – unless the same is necessary to preserve her life – shall be guilty of a felony punishable by imprisonment in the State Penitentiary for not less than two years nor more than five years.”
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69402
  • OS 21-862: makes any woman’s act to procure a miscarriage – unless it is necessary to preserve her life – punishable by imprisonment.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69403
  • OS 63-1-745.11: makes clear that nothing in the Pain-Capable Unborn Child Protection Act shall be construed as creating or recognizing a woman’s right to abortion.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=463703
  • OS 63-1-738.14: states that any person who performs or attempts to perform an abortion in violation of the Unborn Child Pain Awareness/Prevention Act shall be guilty of a felony.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=446855
  • OS 63-1-745.7: states that any person who performs or attempts to perform an abortion in violation of the Pain-Capable Unborn Child Protection Act shall be guilty of a felony.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=463698
  • OS 21-691: redefines homicide, the killing of one human being by another human being, to include an unborn child. Homicide shall not include acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69292
  • OS 12-921.1: states that the Attorney General shall allocate funds from the Legal Services Revolving Fund to provide legal representation to indigent persons in this state in civil legal matters. Funds shall not be used to represent persons requesting legal services to seek legal abortions.
    See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=94208
  • OS 63-1-729: requires the physician prescribing RU-486 to be physically present with the patient when the patient takes the medication. This statute became effective on November 1, 2012.
    See: http://legiscan.com/gaits/view/377108
  • OS 63-1-738: states that if a physician violates any legal restrictions when performing an abortion, the patient may sue the physician in civil court. It also allows the legal guardians to sue on behalf of the patient if they are underage when the abortion in question was performed. The statute also allows the court to decide if the plaintiff may use a pseudonym to preserve their anonymity when suing a physician. This statute became effective on September 1, 2012.
    See: http://legiscan.com/gaits/view/372582
  • OS 63-1-745.14: also known as the Heartbeat Informed Consent Act. This statute mandates that if a woman seeks an abortion eight weeks after conception that the physician performing the abortion or their agent have to tell her that it may be possible for her to hear the heartbeat of the fetus. The physician is not required to inform the patient about the fetal heartbeat if the abortion is necessary to save the patient’s life or if there is a medical emergency. The statute became effective on November 1, 2012.
    See: http://legiscan.com/gaits/view/369143

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