Oklahoma House Bill HB3700

Oklahoma 2022 Regular Session

• Introduced: 2/7/22
• Refer: 2/8/22

Caption

Abortion; right of action; remedy; enforcement; effective date.

Impact

This legislation significantly impacts the state's abortion laws by codifying restrictions based on the presence of a fetal heartbeat. It does not create or recognize a right to abortion before a heartbeat is detected, effectively limiting access to abortion services in Oklahoma. The implications of this bill extend to a wide range of statutory provisions that regulate abortion. Moreover, additional conditions must be met for a physician to legally perform an abortion, including detailed documentation of a medical emergency if one prevents adherence to the new regulations.

Summary

House Bill 3700 establishes new regulations surrounding abortion procedures in Oklahoma. The bill prohibits any physician from performing or inducing an abortion if a detectable fetal heartbeat is present unless certain conditions are met, including a medical emergency. Physicians are required to conduct tests for fetal heartbeat detection and maintain specific records, ensuring compliance with this law. This act aims to regulate abortions more stringently by placing the responsibility on healthcare providers to ascertain fetal viability before proceeding with the termination of a pregnancy.

Contention

There are notable points of contention surrounding House Bill 3700. Advocates for the bill argue it protects unborn children by setting clear standards that physicians must follow for abortion. Conversely, opponents contend that such laws infringe upon women's reproductive rights and may create undue burdens. Additionally, the exclusive reliance on civil action for enforcement and the financial liabilities imposed on parties who seek to contest the law's validity draw significant criticism. The bill additionally restricts which parties can file civil actions, excluding those who impregnated the abortion patient through illegal means, further complicating the legal landscape surrounding abortion provisioning.