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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 1553 By: Treat and Jett of the
Senate
and
McCall of the House
An Act relating to abortion; amending 63 O.S. 2021,
Section 1-730, which relates to def initions; deleting
definition; amending 63 O.S. 2021, Sectio n 1-732,
which relates to viability of fetus; modifying
grounds to perform abortion; prohi biting abortion
after certain time period except under specified
conditions; amending 63 O.S. 2021, Sections 1-734, 1-
737.8, 1-740.16, 1-745.3, and 1-756; conforming
language; updating statutory language; updating
statutory reference; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -730, is
amended to read as follows:
Section 1-730. A. As used in this article:
1. “Abortion” means the use or prescription of any instrument,
medicine, drug, or any other substance or device intentionally to
terminate the pregnancy of a female kn own to be pregnant wi th an
intention other than to increase the probabilit y of a live birth, to
preserve the life or health of the child after live birth, to remove
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an ectopic pregnancy, or to remove a dead unborn child who died as
the result of a spontane ous miscarriage, acci dental trauma, or a
criminal assault on the pregnant female or her unborn child;
2. “Attempt to perform an abortion ” means an act, or an
omission of a statutorily required act, that under the circu mstances
as the actor believes them t o be constitutes a su bstantial step in a
course of conduct planned to culm inate in the performance of an
abortion;
3. “Certified technician ” means a Registered Diagnostic Medical
Sonographer who is certified in obstetr ics and gynecology by the
American Registry for Diagnostic Medical Sonography (ARDMS) or a
Nurse Midwife or Adv ance Practice Nurse Practitioner in Obstetrics
with certification in obstetrical ultrasonography;
4. “Unborn child” or “unborn person” means the unborn offspring
of human beings from the moment of conce ption, through pregnancy,
and until live birth includ ing the human conceptus, zygote, morula,
blastocyst, embryo and fetus;
5. “Unemancipated minor” means any person less than eighteen
(18) years of age who is not or has not been marr ied or who is under
the care, custody, and control of the person’s parent or parents,
guardian, or juvenile court of competent jurisdiction;
6. “Viable” means potentially able to live outside of the womb
of the mother upon premature birth, whether resulti ng from natural
causes or an abortion;
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7. “Conception” means the fertilization of the ovum of a female
individual by the sperm of a male individual;
8. 7. “Health” means physical or mental he alth;
9. 8. “Department” means the State Department of Health; and
10. 9. “Inducing an abortion” means the administration by any
person, including the pregnant woman, of any substance designed or
intended to cause an expulsion of the unborn child, effect ing an
abortion as defined above.
B. Nothing contained herein shall be construed in any manner to
include any contraceptive device or medication or sterilization
procedure.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -732, is
amended to read as follows:
Section 1-732. A. No person shall perform o r induce an
abortion upon a pregnant woman after such time as her unborn child
has become viable if more than thirty ( 30) days have elapsed since
the probable beginning of the last mens trual period of the pregna nt
woman, based upon either information provi ded by her or by an
examination by her attending physician, unless such abortion is
necessary to prevent the death of the pregnant w oman or to prevent
impairment to her heal th.
B. An unborn child shall be presu med 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
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information provided by her or by an examination by h er attending
physician. If it is the judgment of the attending physician that a
particular unborn child is not viable where the presumption of
viability exists as to that particular unborn child, then he shall
certify in writing the precise medical criter ia upon which he has
determined that the particular unborn child is not viable befo re an
abortion may be performed or induced.
C. No abortion of a viable an unborn child after the time
period specified by subsection A of this section shall be performed
or induced except after written certification by the attending
physician that in his the best medical judgment of the physician the
abortion is necessary to prevent the death of the pregnant woman or
to prevent an impairment to her health. The physician shall further
certify in writing the medi cal indications for such abortion and the
probable health consequences if the abortion is not performed or
induced.
D. C. The physician who shall perform or induce an abortion
upon a pregnant woman after such time as her unborn c hild has become
viable the time period specified by subsection A of thi s section
shall utilize the available method or technique of abort ion most
likely to preserve the life and health of the unborn child, unless
he shall first certify the physician first certifies in writing that
in his the best medical judgment of the physician such method or
technique shall present presents a significantly greater danger t o
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the life or health of the pregnant woma n than another available
method or technique.
E. D. An abortion of a viable an unborn child after the time
period specified by subsection A of this section shall be performed
or induced only when there is in attendance a physician other than
the physician performing or inducing the a bortion who shall take
control of and provide 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 ta ke all reasonable steps in
keeping with good 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 emergen cy circumstances and waiver, t he
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 shall, in the best
medical judgment of the physician, present a signific antly greater
danger to the life or health of the pregnant woman.
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F. E. Any person violating subsection A of this section shall
be guilty of homicide.
SECTION 3. AMENDATORY 63 O.S. 2 021, Section 1-734, is
amended to read as follows:
Section 1-734. A. No person shall purposely take the life of a
child born as a result of an abortion or attempted abortion which is
alive when partially or totally removed from the uterus of the
pregnant woman.
B. No After the time period specified by subsection A of
Section 1-732 of this title, no person shall purposely take the l ife
of a viable child who is alive while inside the uterus of the
pregnant woman and may be removed alive therefrom without creating
any significant danger to her life or h ealth.
C. Any person who performs, induces, or part icipates in the
performance or inducing of an abortion shall take all reasonable
measures to preserve the life of a child who is alive when partially
or totally removed from the ute rus of the pregnant wom an, so long as
the measures do not create any signif icant danger to her life or
health.
D. Any person violating this section shall be guilty of
homicide.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 1 -737.8, is
amended to read as follows:
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Section 1-737.8. For the purposes of the Oklahoma Unborn Child
Protection from Dismemberment Abortion Act:
1. “Abortion” means the use or prescription of any instrument,
medicine, drug, or any other subst ance or device:
a. to purposely kill the unborn child of a woman kn own to
be pregnant, or
b. to purposely terminate the pregn ancy of a woman known
to be pregnant, with a purpose other than:
(1) after viability the time period specified by
subsection A of Section 1-732 of this title, to
produce a live birth and preserve th e life and
health of the child born alive, or
(2) to remove a dead unborn child;
2. “Attempt to perform an abortion ” means to do or omit to do
anything that, under the circumstances as the actor believes them to
be, is an act or omission constituting a su bstantial step in a
course of conduct planned t o culminate in the actor performing an
abortion. Such substantial steps include, but are not limited to:
a. agreeing with an individual to per form an abortion on
that individual or o n some other person, wheth er or
not the term “abortion” is used in the agreement, and
whether or not the agreement is contingent on another
factor such as receipt of payment or a determinat ion
of pregnancy, or
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b. scheduling or planning a time to perform an abortion
on an individual, whether or not the term “abortion”
is used, and whether or not the performance is
contingent on another factor such as receipt of
payment or a determination of p regnancy.
This definition shall not be construed to require that an abortion
procedure actually must be initiated for an attempt to occur;
3. “Dismemberment abortion” means, with the purpose of causing
the death of an unborn child, purposely to dismember a living unborn
child and extract him or her one piece at a time fr om the uterus
through use of clamps, grasping forceps, tongs, scissors or similar
instruments that, through the convergence of two rigid levers,
slice, crush, and/or grasp a portion of the unborn child’s body to
cut or rip it off. This definition does not include an abortion
which uses suction to dismember the body of the deve loping unborn
child by sucking fetal parts into a collection container;
4. “Physician” means a person licensed to p ractice medicine and
surgery or osteopathic medicine and surgery, o r otherwise legally
authorized to perform an abortion;
5. “Purposely” means the following: A person acts purposely
with respect to a material element of an offense when:
a. if the element involves the nature of his or her
conduct or a result thereof, it is his or her
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conscious objective to engage in conduct of that
nature or to cause such a result, and
b. if the element involves the attendant circumstances,
he or she is aware of the existe nce of such
circumstances or he or she believes or hopes that they
exist;
6. “Serious health risk to the unborn child ’s mother” means
that in reasonable medical judgment she has a condition that so
complicates her medical condition that it necessitates th e abortion
of her pregnancy to avert her death or to avert serious risk of
substantial and irreversible physical impairment of a major bodil y
function, not including psychological or emotional conditions. No
such condition may be determined to exist if it is based on a claim
or diagnosis that the woman will engage in con duct which she intends
to result in her death or in substantial and irrev ersible physical
impairment of a major bodily function; and
7. “Woman” means a female human being whether or not sh e has
reached the age of ma jority.
SECTION 5. AMENDATORY 63 O.S. 20 21, Section 1-740.16, is
amended to read as follows:
Section 1-740.16. As used in the Choosing Childbirth Act:
1. “Abortion” means the use or prescription of any instrument,
medicine, drug or any other substance or device to int entionally:
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a. kill the unborn child of a woman known to be pregnan t,
or
b. terminate the pregnancy of a woman known to be
pregnant, with an intention other than:
(1) after viability of the unborn child the time
period specified by subsection A of Section 1-732
of this title, to produce a live birth and
preserve the life and health of the child born
alive, or
(2) to remove a dead unborn child;
2. “Unborn child” means an individual organism of the species
Homo sapiens from fertilization until birth; and
3. “Grant-supervising entity” means a private entity which
approves all grants provided under the Choosing Childbirth Act and
which:
a. is organized as a not-for-profit corporation in
Oklahoma and as a 501(c)3 entity under the federal
Internal Revenue Code, and
b. does not encourage or counsel any woman to have an
abortion not necessary to prevent her death, to
provide her such an abortion or to r efer her for such
an abortion, and does not accept funds or services
knowingly from any entity which performs abor tions or
receives money for abortions.
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SECTION 6. AMENDATORY 63 O.S. 2021, Section 1-745.3, is
amended to read as follows:
Section 1-745.3. The Legislature of the State of Okla homa finds
that:
1. Pain receptors (noci ceptors) are present throughout the
unborn child’s entire body by no later than sixteen (16) week s after
fertilization and nerves link these receptors to the brain ’s
thalamus and subcortical plate by no later than t wenty (20) weeks;
2. By eight (8) weeks after fertilization, the unborn child
reacts to touch. After twenty (20) weeks, the unborn child reacts
to stimuli that would be recognized as painful if applied to an
adult human, for example by recoiling;
3. In the unborn child, application of such pai nful stimuli is
associated with significant increases in stress hormones known as
the stress response;
4. Subjection to such painful stimuli is associated with long -
term harmful neurodevelopmental effects, such as altered pain
sensitivity and, possibly, e motional, behavioral, and learning
disabilities later in life;
5. For the purposes of surgery on unborn children, fetal
anesthesia is routinely administered and is associated with a
decrease in stress hormones comp ared to their level when painful
stimuli are applied without such anesthesia;
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6. The position, asserted by some medical experts, that the
unborn child is incapable of experiencing pain until a point later
in pregnancy than twenty (20) weeks after fertiliz ation
predominately rests on the assumpti on that the ability to experience
pain depends on the cerebral cortex and requires nerve connecti ons
between the thalamus and the cortex. However, recent medical
research and analysi s, especially since 2007, provid es strong
evidence for the conclusion tha t a functioning cortex is not
necessary to experience pain;
7. Substantial evidence indicates th at children born missing
the bulk of the cerebral cortex, those with hydranencephaly,
nevertheless experience pain;
8. In adults, stimulation or ablation of t he cerebral cortex
does not alter pain perception, while stimulation or ablation of the
thalamus does;
9. Substantial evidence indicates that structures used for pain
processing in early development differ from t hose of adults, using
different neural elem ents available at specific times during
development, such as the subcortical plate, to fulfill th e role of
pain processing;
10. The position, asserted by some, that the unborn child
remains in a coma-like sleep state that precludes the unborn child
from experiencing pain is inconsistent with the documented reaction
of unborn children to painful stimu li and with the experience of
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fetal surgeons who have found it necessary to sedate the unborn
child with anesthesia to prevent the unborn child from thrashing
about in reaction to invasive surgery;
11. Consequently, there is substantial medical evidence t hat an
unborn child is capable of experiencing pain by twenty (20) weeks
after fertilization;
12. It is the purpose of the State of Oklahoma this state to
assert a compelling state interest in pro tecting the lives of unborn
children from the stage at which substantial medical evidence
indicates that they are capable of feeling pain; and
13. Oklahoma’s compelling state interest i n protecting the
lives of unborn children f rom the stage at which subs tantial medical
evidence indicates that they are capable of feeling pain is intended
to be separate from and independent of Oklahoma ’s compelling state
interest in protecting the lives o f unborn children from the stage
of viability after the time period specified by subsection A of
Section 1-732 of this title, and neither state interest is intended
to replace the other.
SECTION 7. AMENDATORY 63 O.S. 2021, Section 1 -756, is
amended to read as follows:
Section 1-756. A. As used in this section:
1. “Abortion” means the use or prescription of any instrument,
medicine, drug or any other substance or device:
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(a) to intentionally kill the unborn child of a woman
known to be pregnant ;, or
(b) to intentionally terminate the pregnancy of a woman
known to be pregnant, with an inten tion other than to
remove a dead unborn child or, after viability the
time period specified by subsection A of Section 1-732
of this title, to produce a live birth and preserve
the life and health of the child born alive;
2. “Medical emergency” means a condition which, in reasonable
medical judgment, so complicates the medical condition of the
pregnant woman as to necessitate the immediate abortion of her
pregnancy to avert her d eath or for which a delay will creat e
serious risk of substantial and irrevers ible physical impairment of
a major bodily function, not including psychological or emotional
conditions. No condition shall be deemed a medical emergency if
based on a claim or diagnosis that the woman will engag e in conduct
which she intends to result i n her death or in substantial and
irreversible physical impairment of a major bodily function; and
3. “Medication abortion” means the use or prescription of an
abortion-inducing drug or drugs dispensed with the in tent to cause
the death of the unborn chil d.
B. 1. Any private office, freestanding outpatient clinic,
hospital or other facility or clinic in which medication abortions
that use mifepristone are provided shall conspic uously post a sign
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in a location defined in paragraph 3 of this subsection so as to be
clearly visible to patients, which reads:
“NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS WHICH USE
MIFEPRISTONE: Mifepristone, also known as RU-486 or Mifeprex, alone
is not always effective in ending a p regnancy. It may be possible
to reverse its intended effect if the second pill or tablet has not
been taken or administered. If you change your mind and wish to try
to continue the pregnancy, you can get immediate help by calling the
Abortion Pill Revers al 24-hour Hotline at 877-558-0333 or going to
website https://www.abortionpillreversal.com/. Additional
information is available on the State Board of Medical Licensure and
Supervision’s website, www.awomansright.org , which provides informed
consent materials under the Woman’s Right-to-Know Act, including
information about the development of the unborn child and video of
ultrasound images of the unborn child at various stages of
development.”
2. The sign required pursu ant to paragraph 1 of this subsectio n
shall be printed with lettering that is legible and shall be at
least three-fourths (3/4) of an inch boldfaced type.
3. A facility in which medication abortions that use
mifepristone are provided that is a private off ice or a freestanding
outpatient clinic shall post the required sign in each p atient
waiting room and patient consultation room used by patients to whom
such medication abortions are provided. A hospital or any oth er
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facility in which medication abortions are performed 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.
C. 1. Except in the case of a medical emergency, a medication
abortion that uses mifepristone shall no t be provided or induced or
attempted to be provided or induced without informing the female, by
telephone or in person, by the physician who is to dispense or
provide the abortion drug or drugs, by a referring physician or by
an agent of either physician at least seventy-two (72) hours before
the abortion:
a. that it may be possible to reverse the intended
effects of a medication abortion that uses
mifepristone if the woman change s her mind but that
time is of the essenc e, and
b. of information on reversin g the effects of a
medication abortion tha t uses mifepristone, which is
available on the website of the State Board of Medical
Licensure and Supevision Supervision, and included in
such information is the Abortion Pill Reversal 24 -hour
Hotline number: 877-558-0333 and website addres s:
https://www.abortionpill reversal.com.
2. After the first drug, mifepristone, is dispensed or provided
to the patient, the physician or an agent of the physician shall
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provide written instructions to the pregnant woman which s hall
include the statement:
“NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS WHICH USE
MIFEPRISTONE: Mifepristone, also known as RU -486 or Mifeprex, alone
is not always effective in ending a p regnancy. It may be possible
to reverse its intended effect if t he second pill or tablet ha s not
been taken or adminis tered. If you change your mind and wish to try
to continue the pregnancy, you can get immediate help by calling the
Abortion Pill Revers al 24-hour Hotline at 877-558-0333 or going to
Abortion Pill Reversal website,
https://www.abortionpillreversal.com /. Additional information is
available on the State Board of Medical Licensure and Supervision ’s
website, www.awomansright.org , which provides informed consent
materials under the Woman’s Right-to-Know Act, including information
about the development of the u nborn child and video of ultrasound
images of the unborn child at various stages of development. ”
D. When a medical emergency compels th e performance of an
abortion, the physician shall inform the fema le, prior to the
abortion if possible, of the medical indications supporting the
physician’s judgment that an abortion is necessary to avert her
death or that a seventy -two-hour delay will create serious risk of
substantial and irreversible physical impair ment of a major bodily
function, not including psychol ogical or emotional conditions.
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E. Within ninety (90) days after this act Section 1-751 et seq.
of this title is enacted, the State Board of Medical Licensure and
Supervision shall cause to be publishe d, in English and in each
language which is the primary lang uage of two percent (2%) or more
of the state’s population, in print and on the website required to
be developed and maintained under Section 1 -738.11 of Title 63 of
the Oklahoma Statutes, compreh ensible materials designed to inform
the female of the possi bility of reversing the effects of a
medication abortion th at uses mifepristone, also known as RU -486 or
Mifeprex, and information on resources that may be available t o help
her reverse its effect s. The website shall include the Abortion
Pill Reversal 24-hour Hotline number 877-558-0333 and the Abortion
Pill Reversal website address https://www.abortionpillreversal.com .
F. Any person who knowingly or recklessly provid es or induces
or attempts to provide or induce an abortion in violation of this
section shall be guilty of a felony. No penalty may be assessed
against the female to whom the medication abortion is provided or
induced or attempted to be provided or induce d. No penalty or civil
liability may be assessed for failure to comply with subsection C of
this section unless the State Board of Medical Licensur e and
Supervision has made the information available on the website at the
time the physician or the physici an’s agent is required to inf orm
the female.
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G. Any private office, freestanding outpati ent clinic or other
facility or clinic that fails to post a sign required in subsection
B of this section in knowing, reckless or negligent violation of
this act Section 1-751 et seq. of this titl e shall be assessed a
fine of Ten Thousand Dolla rs ($10,000.00) by the State Board of
Medical Licensure and Supervision. Each day on which a medication
abortion that uses mifepristone, other than a medication abortion
that is necessary to prevent the deat h of the pregnant female, is
provided in any private office, freestanding outpatient clinic or
other facility or clinic during which the required sign is n ot
posted during a portion of business hours when patients or
perspective prospective patients are present is a separate
violation.
H. 1. Any person upon whom an abortion has been performed
without this section having been complied with, the father of the
unborn child who was the subject of such an abortion, or, if the
female had not attained the age of eighteen (18) years at the time
of the medication abortion or has died as a result of the medication
abortion, the grandparent of such an unborn child may maintain an
action against the person who provided the medication abortion in
knowing or reckless vi olation of this section for actual and
punitive damages. An y person upon whom an abortion has been
attempted without this section having been complied with may
maintain an action against the person who attempted to provide the
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abortion in knowing or reckl ess violation of this section for actual
and punitive damages. No damages may be awarded a plaintiff if the
pregnancy resulted from the p laintiff’s criminal conduct.
2. If judgment is rendered in favor of the plaintiff in any
action described in this sub section, the court shall also render
judgment for a reasonab le attorney’s attorney fee in favor of the
plaintiff against the defendant. If judgmen t is rendered in favor
of the defendant and the court finds that the plaintiff ’s suit was
frivolous and brought in bad faith, the court shall also render
judgment for a reasonable attorney’s attorney fee in favor of the
defendant against the plaintiff.
I. In every civil or criminal proceeding or action brought
under this section, the co urt shall rule whether the anonymity of
any female to whom a medication abortion has b een provided or
attempted shall be preserved from public disclosure i f she does not
give her consent to such disclosure. The court, upon motion or sua
sponte, shall make such a ruling and, upon d etermining that her
anonymity should be preserved, shall iss ue orders to the parties,
witnesses and counsel and shall direct the sealing of the record and
exclusion of individuals from courtrooms or hearing rooms to the
extent necessary to safeguard her id entity from public disclosure.
Each such order shall be acc ompanied by specific written findings
explaining why the anonymity of the female should be prese rved from
public disclosure, why the order is essential to that end, how t he
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order is narrowly tailo red to serve that interest and why no
reasonable less restri ctive alternative exists. In the absence of
written consent of the f emale to whom an abortion d rug or drugs has
have been provided or attempted to be provided, anyone, o ther than a
public official, who brings an action under subse ction D H of this
section shall do so under a pseudonym. This section may not be
construed to conceal the identity of the plain tiff or of witnesses
from the defendant.
J. If any one or more pro vision, section, subsectio n, sentence,
clause, phrase or word o f this act Section 1-751 et seq. of this
title or the application thereof to any per son or circumstance is
found to be unconstitutional , the same is hereby declar ed to be
severable and the ba lance of this act Section 1-751 et seq. of this
title shall remain effective notwithstan ding such
unconstitutionality. The Legislature h ereby declares that it would
have passed this act Section 1-751 et seq. of this title , and each
provision, section, subse ction, sentence, clause, phrase or word
thereof, irrespective of the f act that any one or more provision,
section, subsection, sentence, clause, phrase or word be declared
unconstitutional.
SECTION 8. This act shall become effective Novemb er 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 04/12/2022 - DO PASS.