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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1167 By: Burns
AS INTRODUCED
An Act relating to abortion; creating the Every
Mother Matters Act; requiring physician to confirm
receipt of resource access assistance offer prior to
performance of abortion; stating qualifications of
care agent; specifying elements of resource access
assistance offer; allowing care agent to take certain
actions upon certain d iscovery; requiring care agent
to request unique identifying number for certain
certification; requiring State Department of Health
to develop and maintain certain verification system;
requiring system to meet certain criteria; directing
Department to establish certain toll-free telephone
number; specifying certain rights of pregnant woman;
requiring certain documentation to be placed in
medical records; requiring documentation to be
retained for certain time peri od; directing
promulgation of rules; requiring Department to enter
into certain contract; requir ing implementation of
act under certain condition; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-740.31 of Title 63, unless
there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the Every Mother
Matters Act.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-740.32 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. In addition to the informed consent requirements relating to
abortion provided under Title 63 of the Oklahoma Statutes, except
during a medical emergency, and before the abortion is performed or
induced, the physician who is to perform or induce an abortion shall
confirm the pregnant woman received a pre-abortion resource access
assistance offer, as required by this section, by verifying the
unique identifying number as provided by subsection F of this
section, devoid of the woman ’s personally identifiable information,
as provided by the State Department of Health .
B. A care agent providing a resource access assistance offer
under this section:
1. Shall be:
a. licensed as a counselor, doctor, psychologist, social
worker, nurse, advanced practice registered nurse,
community health worker, physician assistant, or
marriage and family therapist, or
b. acting under the supervision of an individual
described by subparagraph a of this paragraph ;
2. Shall:
a. be authorized under a contract with the Department to
provide resource access assistance offers and support
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services on behalf of this state in accordance with
this section,
b. complete a training program on identifying and
assisting victims of human trafficking using a
standardized curriculum approved by the Department ,
and
c. comply with state and federal medical records privacy
laws;
3. In the last two years, shall not:
a. have performed or induced a n abortion, or
b. have served as a director, board member, officer,
volunteer, or employee for an abortion facility
licensed by the Department; and
4. Shall not refer a woman to an abortio n provider.
C. The resource access assistance offer shall be provided by
and on behalf of this state at no cost to the pregnant woman from a
care agent who meets the qualifications described by subsection B of
this section. The care agent during a resourc e access assistance
offer shall provide:
1. An assessment of eligibility for and offer of assistance in
obtaining support services other than abortion for the woman or
unborn child’s biological father including housing, employment,
resume development, ch ild care, prenatal and postpartum medical
care, mental health or behavioral counse ling, adoption services,
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financial assistance, abuse or neglect prevention assistance,
substance or alcohol abuse prevention assistance, and health benef it
plan coverage;
2. Education on available public and private resources to
address the woman’s or biological father ’s socioeconomic needs; and
3. Screening for:
a. family violence, abuse, and neglect victimization,
b. coercion of abortion , and
c. human trafficking victimization.
D. A care agent who obtains information that the pregnant woman
is a victim of human trafficking or coercion of abortion may:
1. Submit a report to the appropriate law enforcement agency of
the suspected human trafficking or co ercion of abortion if, before
submitting the report, the care agent:
a. provides a written disclosure to the pregnant woman
that the woman’s identifying information will be
provided in the report, and
b. after receiving the written disclosure described by
subparagraph a of this paragraph, the pregnant woman
consents to the care agent submitting the report; or
2. Provide to the pregnant woman information on the methods
available for the woman to report human trafficking or coercion of
abortion to the approp riate law enforcement agency.
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E. A care agent shall request a unique identifying number
devoid of the pregnant woman ’s personally identifiable information
from the system developed by the Department to certify that the
woman received the resource access a ssistance offer.
F. The Department shall develop and maintain an authentication
system that provides the pregnant woman a u nique identifying number
required under this section. The system shall:
1. Allow a care agent to request a unique identifying number
for the pregnant woman;
2. Allow a physician who is to perform or induce an abortion to
verify the unique identifying nu mber;
3. Ensure that the identity of an individual pregnant woman,
care agent, or physician who is to perform or induce the abortion is
not disclosed in the authentication system; and
4. Remove any personal information for the pregnant woman, care
agent, or physician as soon as the information is not needed to
verify the unique identifying number.
G. The Department shall establish a single toll-free telephone
number through which a woman seeking an abortion in this state may
receive a resource access assistance offer on a twenty-four-hour
basis. The Department shall ensure the placed call automatically
routes the woman to a care age nt at a contracting agency to provide
the resource access assistance offer.
H. The pregnant woman:
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1. Is not required to:
a. provide any information to the care agent or
contracting agency, or
b. initiate or complete services offered under this
section to obtain an abortion;
2. May decline services under this section at any time; and
3. If accepting a resource access assistance offer, shall
retain access to the offer until the s econd anniversary of the date
of acceptance, regardless of the woman ’s pregnancy.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-740.33 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Before the abortion begins, documentation of the receipt of
the resource access assistance offer required under Section 2 of
this act shall be placed in the pregnant woman ’s medical records.
B. Documentation of the receipt of the resource access
assistance offer required under Section 2 of this act shall be
retained by the facility where the abortion is performed until:
1. The seventh anniversary of the date it is signed; or
2. If the pregnant woman is a minor, the later of:
a. the seventh anniversary of the date it is signed, or
b. the woman’s 21st birthday.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-740.34 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The State Commissioner of H ealth shall adopt rules as
necessary to implement this act.
B. Not later than July 1, 2023, the State Department of Health
shall contract with one or more contracting agencies that employ
care agents throughout this state to provide the pre-abortion
resource access assistance of fer and assistance in obtaining support
services described by Section 2 of this act.
C. The Department shall implement this act subject to
availability of funding .
SECTION 5. This act shall become effective Novembe r 1, 2022.
58-2-2612 DC 1/4/2022 12:34:32 PM