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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2441 By: Russ, Crosswhite Hader,
Smith, Stearman, Olsen,
West (Kevin) and Burns
COMMITTEE SUBSTITUTE
An Act relating to health; amending 63 O.S. 2011,
Section 1-732, which relates to abortion; prohibiting
abortion when a fetal heartbeat is detectable;
defining term; providing exception; amending 63 O.S.
2011, Section 1-737.4, as amended by Section 1,
Chapter 123, O.S.L. 2017 (63 O.S. Supp. 2020, Section
1-737.4), which relates to required signage in
abortion facilities; requiring certain information in
posted signage; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -732, is
amended to read as follows:
Section 1-732. A. No person shall perform or induce an
abortion upon a pregnant woman after such time as her unborn child
has become viable been determined to have a detectable heartbeat
unless such abortion is necessary to prevent the death of the
pregnant woman or to prevent impairment to her health.
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B. An unborn child shall be presumed to be viable if more than
twenty-four (24) weeks have elapsed since the probable beginning of
the last menstrual period of the pregnant woman, based upon either
information provided by her or by an examination by her attending
physician. "A detectable heartbeat" shall mean embryonic or fetal
cardiac activity or the steady and repetitive rhythmic contraction
of the heart within the gestational sac. If it is the judgment of
the attending physician that a particular unborn child is not viable
where the presumption of viability pregnancy is medically futile
when a detectable heartbeat exists as to that particular unborn
child, then he or she shall certify in writing the precise medical
criteria upon which he or she has determined that the particular
unborn child is not viable pregnancy is medically futile before an
abortion may be performed or induced.
C. No abortion of a viable an unborn child with a detectable
heartbeat shall be performed or induced except after written
certification by the attending physician that in his or her best
medical judgment the abortion is n ecessary to prevent the death of
the pregnant woman or to prevent an impairment to her health. The
physician shall further certify in writing the medical indications
for such abortion and the probable health consequences if the
abortion is not performed o r induced.
D. The physician who shall perform or induce an abortion upon a
pregnant woman after such time as her unborn child has become viable
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a detectable heartbeat shall utilize the available method or
technique of abortion most likely to preserve the life and health of
the unborn child, unless he or she shall first certify in writing
that in his or her best medical judgment such method or technique
shall present a significantly greater danger to the life or health
of the pregnant woman than another ava ilable method or technique.
E. An abortion of a viable unborn child with a heartbeat shall
be performed or induced only when there is in attendance a physician
other than the physician performing or inducing the abortion who
shall take control of and prov ide immediate medical care for the
child. During the performance or inducing of the abortion, the
physician performing it, and subsequent to it, the physician
required by this section to be in attendance, shall take all
reasonable steps in keeping with go od medical practice, consistent
with the procedure used, to preserve the life and health of the
child, in the same manner as if the child had been born naturally or
spontaneously. The requirement of the attendance of a second
physician may be waived when in the best judgment of the attending
physician a medical emergency exists and further delay would result
in a serious threat to the life or physical health of the pregnant
woman. Provided that, under such emergency circumstances and
waiver, the attending physician shall have the duty to take all
reasonable steps to preserve the life and health of the child
before, during and after the abortion procedure, unless such steps
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shall, in the best medical judgment of the physician, present a
significantly greate r danger to the life or health of the pregnant
woman.
F. Any person violating subsection A of this section shall be
guilty of homicide.
SECTION 2. AMENDATORY 63 O.S. 2011, Section 1 -737.4, as
amended by Section 1, Chapter 123, O. S.L. 2017 (63 O.S. Supp. 2020,
Section 1-737.4), is amended to read as follows:
Section 1-737.4 A. Any private office, freestanding outpatient
clinic, or other facility or clinic in which abortions, other than
abortions necessary to prevent the death of the pregnant female, are
performed, induced, prescribed for, or where the means for an
abortion are provided shall conspicuously post a sign in a location
defined in subsection C of this section so as to be clearly visible
to patients, which reads:
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 threate ned physical abuse or violence. In certain
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cases, abortions are induced by medication using a two -step
process. Such abortions may be reversible if the second dosage
has not been taken.
There are public and private agencies willing and able to help
you carry your child to term, have a healthy pregnancy and a
healthy baby and assist you and your child after your child is
born, whether you choose to keep your child or place him or her
for adoption. The State of Oklahoma strongly encourages you to
contact them if you are pregnant.
B. The sign required pursuant to subsection A of this section
shall be printed with lettering that is legible and shall be at
least three-quarters-of-an-inch boldfaced type.
C. A facility in which abortions are performed, induced ,
prescribed for, or where the means for an abortion are provided that
is a private office or a freestanding outpatient clinic shall post
the required sign in each patient waiting room and patient
consultation room used by patients on whom abortions are pe rformed,
induced, prescribed for, or who are provided with the means for an
abortion. A hospital or any other facility in which abortions are
performed, induced, prescribed for, or where the means for an
abortion are provided that is not a private office or freestanding
outpatient clinic shall post the required sign in each patient
admission area used by patients on whom abortions are performed,
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induced, prescribed for, or by patients who are provided with the
means for an abortion.
SECTION 3. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON STATES RIGHTS, dated 02/24/2021 -
DO PASS, As Amended and Coauthored.