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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 495 By: Hamilton
AS INTRODUCED
An Act relating to abortion; stating purpose of act;
providing short title; amending 12 O.S. 2011, Section
1053, as amended by Section 2, Chapter 149, O.S.L.
2020 (12 O.S. Supp. 2020, Section 1053) , which
relates to wrongful death; modifying statutory
reference; modifying applicability of section;
requiring Attorney General and district attorney to
ensure enforcement of ce rtain laws; amending 21 O.S.
2011, Section 152, as amended by Section 16, Chapter
475, O.S.L. 2019 (21 O.S. Supp. 2020, Section 152),
which relates to crimes and punishments; amend ing 21
O.S. 2011, Sections 155, 156 and 1 72, which relate to
crimes and punishments ; clarifying language; amending
21 O.S. 2011, Section 652, which relates to attempts
to kill; modifying statutory references; modifying
applicability of section; removing ce rtain protection
from prosecution; construing section; amending 21
O.S. 2011, Section 691, w hich relates to the
definition of homicide; modifying and adding
definitions; modifying certain protection from
prosecution; providing certain testimonial and
evidentiary procedures; amending Section 4, C hapter
238, O.S.L. 2014, as last amended by Section 1,
Chapter 329, O.S.L. 2019 (25 O.S. Supp. 2020, Section
2004), which relates to medic al consent for treatment
of minors; modifying applicability of section;
amending 56 O.S. 2011, Section 1005, which rela tes to
unlawful acts; modifying construction; amend ing 59
O.S. 2011, Section 519.11, as last amended by Section
5, Chapter 154, O.S.L. 2020 (59 O.S. Supp. 2020,
Section 519.11), which relates to construction of the
Physician Assistant Act; removing authori ty of
physicians to perform certain acts; amending 63 O.S.
2011, Section 1-568, which relates to counseling
concerning abortion; removing cert ain cause of
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action; amending 63 O.S. 2011, Section 1 -701, as
amended by Section 1, Chapter 150, O.S.L. 2020 (63
O.S. Supp. 2020, Section 1-701), which relates to
definitions; modifying certain definition; amending
63 O.S. 2011, Section 1 -728c, which relates to
employer discrimination; removing certain
circumstance under which discri mination is
prohibited; amending 63 O.S. 2011, Section 2601,
which relates to definiti ons; modifying certain
definition; amending 74 O.S. 2011, Section 5054,
which relates to limits on use of funds; modifying
statutory references; repealing 21 O.S. 2011,
Sections 684, 714, 861 and 862, which relate to
crimes and punishments; repealing 63 O.S. 2011,
Sections 1-729a, as amended by Section 1, Chapter
121, O.S.L. 2014 (63 O.S. Supp. 2020, Section 1-
729a), 1-731, 1-731.2 through 1-737, 1-737.4, as
amended by Section 1, Chapter 123, O.S.L. 2017 ( 63
O.S. Supp. 2020, Section 1-737.4), 1-737.5, 1-737.6,
1-738i, 1-738j, 1-738k, as amended by Section 1,
Chapter 303, O.S.L. 2013 (63 O.S. Supp. 2020, Section
1-738k), 1-738l, 1-738m, as amended by Section 6,
Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2020, Section
1-738m), 1-738n, as amended by Section 3, Cha pter
303, O.S.L. 2013 (63 O.S. Supp. 2020, Section 1-
738n), 1-738o, 1-738p, 1-738.1A, 1-738.2 through 1-
738.3a, as amended by Sections 1 through 3, Chapter
255, O.S.L. 2015 (63 O.S. Supp. 2020, Sections 1-
738.2 through 1-738.3a), 1-738.3d, 1-738.3e, 1-734
and 1-738.5, 1-738.6, 1-738.7, 1-738.8, as amended by
Section 4, Chapter 255, O.S.L. 2015 (63 O.S. Supp.
2020, Section 1-738.8), 1-738.9 through 1-738.12, 1-
738.13, as amended by S ection 5, Chapter 255, O .S.L.
2015 (63 O.S. Supp. 2020, Section 1-738.13), 1-738.14
through 1-740.1, 1-740.2, 1-740.3 and 1-740.4, as
amended by Sections 2, 3 and 4, Chapter 320, O.S.L.
2013 (63 O.S. Supp. 2020, Sections 1-740.2, 1-740.3
and 1-740.4), 1-740.4a, 1-740.4b, as amended by
Section 1, Chapter 387, O.S.L. 2015 (63 O.S. S upp.
2020, Section 1-740.4b), 1-740.5 through 1-740.11, 1-
740.12, as amended by Section 485, Chapter 304,
O.S.L. 2012 (63 O.S. Supp. 2020, Section 740.12), 1 -
741 through 1-743, and 1-745.1 through 1-745.11,
which relate to abortion; repealing Sections 1
through 7, Chapter 170, O.S.L. 2012 (63 O.S. Supp.
2020, Sections 1-729.1 through 1-729.7), which relate
to the Freedom of Conscience Act; repealing Sections
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1 through 9, Chapter 159 , O.S.L. 2012 (63 O.S. S upp.
2020, Sections 1-745.12 through 1-745.19), which
relate to the Heartbeat Informed Consent Act;
repealing Section 4, Chapter 303, O.S.L. 2013 (63
O.S. Supp. 2020, Section 1-738q), which relates to
the Statistical Reporting of Ab ortion Act; repealing
Sections 1 through 6, Chapter 198, O.S.L. 2012 (63
O.S. Supp. 2020, Sections 1-738.3f through 1-738.3k),
which relate to voluntary and informed consent;
repealing Sections 2, 4 and 5, Chapter 268, O.S.L.
2013 (63 O.S. Supp. 2020, Sections 1-740.2A, 1-740.13
and 1-740.14), which relate to abortion performed
upon minors; repealing Sections 1 and 5 through 10 ,
Chapter 320, O.S.L. 2013 (63 O.S. Supp. 2020,
Sections 1-744 and 1-744.1 through 1-744.6), which
relate to the Parental Notification for Abort ion Act;
repealing Sections 1, 3 through 5 and 7 through 10,
Chapter 175, O.S.L. 2014 (63 O.S. Supp. 2020,
Sections 1-746.1, 1-746.3 through 1-746.5 and 1-746.7
through 1-746.10), which relate to abortions;
repealing Sections 2 and 6, Chapter 175, O.S.L. 2 014,
as amended by Sections 7 and 8, Chapter 255, O.S.L.
2015 (63 O.S. Supp. 2020, Sections 1-746.2 and 1-
746.6), which relate to abortions; repealing Section
1, Chapter 370, O.S.L. 2014 (63 O.S. Supp. 2020,
Section 1-748), which relates to abortion facili ties;
repealing Sections 1 through 10, Chapter 59, O.S.L.
2015 (63 O.S. Supp. 2020, Sections 1-737.7 through 1-
737.16), which relate to the Oklahoma Unborn Child
Protection from Dismemberment Act; repealing Section
9, Chapter 255, O.S.L. 2015 (63 O.S. Supp . 2020,
Section 1-738.5a), which relates to performing or
attempting an abortion in violation of act; repealing
Sections 2 through 4, Chapter 38 7, O.S.L. 2015 (63
O.S. Supp. 2020, Sections 1-749 through 1-750), which
relate to abortion procedure compliance requirements;
repealing Sections 1 and 3 through 5, Chapter 353 ,
O.S.L. 2016 (63 O.S. Supp. 2020, Sections 1-751 and
1-753 through 1-755), which relate to the Humanity of
the Unborn Child Act; repealing Section 2, Chapter
353, O.S.L. 2016, as amended by S ection 2, Chapter
123, O.S.L. 2017 (63 O.S. Supp. 2020, Section 1-752),
which relates to the Humanity of the Unborn Child
Act; repealing Sections 1 through 5, Chapter 308,
O.S.L. 2017 (63 O.S. Supp. 2020, Sections 1-740.15
through 1-740.19), which relate t o the Choosing
Childbirth Act; stating that act is prospective;
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defining term; voiding conflicting provisions of law;
allowing the state and political subdivisions to
nullify certain court decisions; construing act;
declaring act inseverable; providing for
codification; providing for noncodification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Okla homa Statutes reads as follows:
This act shall be known and may be cited as the “Equal
Protection and Equal Justice Act ”.
SECTION 2. NEW LAW A new section of law not to be
codified in the Okla homa Statutes reads as follows:
A. Acting upon the Section 1 of Article I of the Oklahoma
Constitution, which provides that the Constitution of the United
States is the supreme law of the land ; and acknowledging the
sanctity of innocent human life, created in the image of God, which
should be equally protected from fertilization to natural death; the
purpose of this act is:
1. To ensure the right to life and equal protection of the laws
to all unborn children from the moment of fertilization;
2. To establish that a living human unborn child, from the
moment of fertilization and at every stage of development, is
entitled to the same rights, powers and privileges as are secured or
granted by the laws of this state to any other human person;
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3. To rescind all licenses to kill unborn children by repealing
discriminatory provisions and making all alleged offenders equally
subject to the law, including its defenses and justifications such
as duress, necessity and mistake of fact and immunities;
4. To recognize that the Constitution of the United States and
the laws of the United States which shall be made in pursuance
thereof, are the supreme law of the land; and to fulfill our oaths
to such Constitution, so help us God, by refusing to assent to the
legal fiction that such Constitution prohibits this state from
exercising its reserved police powers to outlaw homicide and from
exercising its constitutional and God-given duties to provide equal
protection to all persons wi thin its jurisdiction . As Supreme Court
Justice Clarence Thomas recently stated, “The Constitution does not
constrain the States’ ability to regulate or even prohibit
abortion.” June Med. Servs. L.L.C. v. Russo , 140 S. Ct. 2103, 2149
(2020) (Thomas, J., di ssenting); and
5. To treat as void and of no effect any and all federal
statutes, regulations, treaties, orders and court rulings which
would deprive an unborn child of the right to life or prohibit the
equal protection of such right .
B. Nothing in this act shall be construed as an intent by this
state to withdraw from the United States o f America. To the
contrary, this act is in accordance with and in furtherance o f the
Constitution of the United States and the principles which made
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America great. This state urges the federal government to honor the
same by supporting this act which equ ally secures the right to lif e
to all preborn people within this state.
SECTION 3. AMENDATORY 12 O.S. 2011, Section 1053, as
amended by Section 2, Chapter 149, O.S.L. 2020 (12 O.S. Supp. 2020,
Section 1053), is amended to read as follows:
Section 1053. A. When the death of one is caused by the
wrongful act or omission of another, the personal representative of
the former may maintain an action therefor against the latte r, or
his or her personal representative if he or she is also deceased, if
the former might have maintained an action, had he or she lived,
against the latter, or his or her representative, for an injury for
the same act or omission. The action must be co mmenced within two
(2) years.
B. The damages recoverable in actions for wrongful death as
provided in this section shall include the followi ng:
1. Medical and burial expenses, which shall be distributed to
the person or governmental agency as defined in Section 5051.1 of
Title 63 of the Oklahoma Statutes who paid these expenses, or to the
decedent’s estate if paid by the estate. The provisio ns of this
paragraph shall not apply to the cost of an abortion in actions
maintained pursuant to subsection F of t his section;
2. The loss of consortium and the grief of the surviving
spouse, which shall be distributed to the surviving spouse;
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3. The mental pain and anguish suffered by the decedent, which
shall be distributed to the surviving spouse and children, if any,
or next of kin in the same proportion as personal property of the
decedent. For the purposes of actions maintained pursuant to
subsection F of this section, “next of kin” as used in this
paragraph shall mean the parent or grandparent who maintained the
action as provided for in paragraph 3 of subsection F of this
section;
4. The pecuniary loss to the survivors based upon properly
admissible evidence with regard thereto including, but not limited
to, the age, occupation, earning capacity, health habi ts, and
probable duration of the decedent’s life, which must inure to the
exclusive benefit of the surviving spouse and children, if any, or
next of kin, and shall be distributed to them according to their
pecuniary loss. For the purposes of actions maint ained pursuant to
subsection F of this section, “next of kin” as used in this
paragraph shall mean the parent or grandparent who maintained t he
action as provided for in paragraph 3 of subsection F of this
section; and
5. The grief and loss of companionsh ip of the children and
parents of the decedent, which shall be distributed to them
according to their grief and loss of companionship.
C. In proper cases, as provided by Section 9.1 of Title 23 of
the Oklahoma Statutes, punitive or exemplary damages may a lso be
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recovered against the person proximately causing the wrongful death
or the person’s representative if such person is deceased. Such
damages, if recovered, shall be distributed to the surviving spouse
and children, if any, or next of kin in the same proportion as
personal property of the decedent. For the purposes of actions
maintained pursuant to subsection F of this section, “next of kin”
as used in this paragraph shall mean the parent or grandparent who
maintained the action as provided for in pa ragraph 3 of subsection F
of this section.
D. Where the recovery is to be distributed according to a
person’s pecuniary loss or loss of comp anionship, the judge shall
determine the proper division.
E. The above-mentioned distributions shall be made after the
payment of legal expenses and costs of the action.
F. 1. The provisions of this section shall also be available
for the death of an un born person as defined in Section 1-730 691 of
Title 63 21 of the Oklahoma Statutes.
2. The provisions of this subsec tion shall apply to acts wh ich
cause the death of an unborn person in utero if:
a. the physician who performed the abortion or the
referring physician fails to obtain and document the
voluntary and informed consent of the pregnant woman
pursuant to Section 1-738.2 of Title 63 of the
Oklahoma Statutes,
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b. the pregnant woman withdraws her cons ent to the
abortion prior to performance of the abo rtion,
c. the pregnant woman undergoes the abortion due to
coercion from a third party,
d. the physician fails to obta in and document proof of
age demonstrating that the pregnant woman is not a
minor, or, in the case of a minor, fails to obtain:
(1) parental consent to the abortion pursuant to
Section 1-740.2 of Title 63 of the Oklahoma
Statutes,
(2) proof that the pregna nt woman, although a minor,
is emancipated, or
(3) judicial authorization of the aborti on without
parental notification pursuant to Sectio n 1-740.3
of Title 63 of the Oklahoma Statutes,
e. the physician who performed the abortion causes the
woman physical or psychological harm, the possibility
of which she did not foresee or was not informed of at
the time of her consent,
f. the physician who performed the abortion fails to
screen the pregnant woman and document such screening
for risk factors associated wi th a heightened risk of
adverse consequences from abortion which a reasonably
prudent physician would screen for,
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g. the physician fails t o screen the pregnant woman and
document such screening for physical or psychological
impairment of judgment due to fa ctors including, but
not limited to, drugs, alcohol, illness or fatigue,
h. the physician fraudulently induces the pregnant woman
to obtain the abortion or gives misleading or false
information in response to a pregnant woman ’s inquiry,
or
i. there exist any other circumstances whic h violate
state law.
The provisions of this paragraph shall not be construed to apply
to cases in which a physi cian licensed to practice medicine in this
state attempts, in a reasonably prudent manner, to prevent the death
of an unborn person or a pregnant woman.
3. A parent or grandparent of the deceased unborn p erson is
entitled to maintain an action against the physician who caused the
death of an unborn person under the conditions provided by
subparagraphs a through i of para graph 2 of this subsection;
provided, however, the parent or grandparent may not mainta in such
action if the parent or grandparent coerced the mother of the unborn
person to abort the unborn person.
4. Liability for wrongful death by the physician under t his
section shall not be wa ived by the pregnant woman prior to
performance of the abort ion. A physician shall not request, orally,
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on a written form or in any other manner, that the pregnant woman
waive the liability of the physician for wrongful death re lated to
the abortion as a condition of performing an abortion.
5. Under no circumstan ces shall the mother of the unborn person
be found liable for causing the death of the unborn person unless
the mother has committed a crime that caused the death of the unborn
person.
SECTION 4. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 18h of Title 74, unless there is
created a duplication in numbering, reads as follows:
The Attorney General shall monitor thi s state’s enforcement of
Chapter 24 of Title 21 of the Oklahoma Statutes in relation to
abortion. The Attorney General shall direct state agencies to
enforce those laws regardless of any contrary or conflicting federal
statute, regulation, treaty, executive order or court ruling.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 215.41 of Title 19, unless there
is created a duplication in numbering, reads as follows:
The district attorney shall ensure the enforcemen t of Chapter 24
of Title 21 of the Oklahoma Statutes in relation to abortion
regardless of any contrary or conflicting federal statute,
regulation, treaty, executive order or court rulings.
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SECTION 6. AMENDATORY 21 O.S. 2011, Section 152, as
amended by Section 16, Chapter 475, O.S. L. 2019 (21 O.S. Supp. 2020,
Section 152), is amended to read as follows:
Section 152. All persons are capable of committing crimes,
except those persons belonging to the following classes:
1. Children under the age of seven (7) years;
2. Children over the age of seve n (7) years, but under the age
of fourteen (14) yea rs, in the absence of proof that at the time of
committing the act or neglect charged against them, they knew its
wrongfulness;
3. Persons who are impaired by reason of an intellec tual
disability upon proo f that at the time of committing the act charged
against them they were incapable of knowing its wrongfulness;
4. Mentally ill persons, and all persons of unsound mind,
including persons temporarily or partially deprived of reason, upon
proof that at the time of committing the act charged against them
they were incapable of knowing its wrongfulness;
5. Persons who committ ed the act, or made the omission charged,
under an ignorance or mistake of fact which disproves any criminal
intent. But ignorance of the law does not excuse from punishment
for its violation;
6. Persons who committed the act charged without being consciou s
thereof; and
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7. Persons who committed the act, or make the omission charged,
while under involuntary subjectio n to the power of superio rs.
SECTION 7. AMENDATORY 2 1 O.S. 2011, Section 155, is
amended to read as follows:
Section 155. The involuntary subjection to the power of a
superior which exonerates a person charged with a criminal act or
omission from punishment therefor, arises from the defense of
duress.
SECTION 8. AMENDATORY 21 O.S. 2011, Section 156, is
amended to read as follows:
Section 156. A person is entitled to assert duress as a defense
if that person committed a prohibited ac t or omission because of a
reasonable belief that t here was imminent danger of death or gr eat
bodily harm from another upon oneself, ones one’s spouse, or ones
one’s child.
SECTION 9. AMENDATORY 21 O.S. 2011, Section 172, is
amended to read as follows:
Section 172. All persons concerned in the commission of crime,
whether it be felony or misdemeanor, and whether they the persons
directly commit the act constituting the offense, or aid and abet in
its commission, though not present, are principals.
SECTION 10. AMENDATORY 21 O.S. 2011, Section 652, is
amended to read as follows:
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Section 652. A. Every person who intentionally and wrongfully
shoots another with or discharges any kind of firearm, with intent
to kill any person, including an unborn child as defined in Section
1-730 691 of Title 63 of the Oklahoma Statutes this title, shall
upon conviction be guilty of a felony punishable by imprisonment in
the State Penitentiary not exceeding life.
B. Every person who uses any vehicle to facilitate the
intentional discharge of any kind of firearm, crossbow or other
weapon in conscious disregard for the safety of any other person or
persons, including an unborn child as defined in Section 1-730 691
of Title 63 of the Oklahoma Statutes this title, shall upon
conviction be guilty of a felony punishable by imprisonment in the
custody of the Department of Corrections for a term not less than
two (2) years nor exceeding life.
C. Any person who commits any assault and battery upon another,
including an unborn child as defi ned in Section 1-730 691 of Title
63 of the Oklahoma Statutes this title, by means of any deadly
weapon, or by such other means or force as is likely to produce
death, or in any manner att empts to kill another, including an
unborn child as defined in Section 1-730 691 of Title 63 of the
Oklahoma Statutes this title, or in resisting the execution of any
legal process, shall upon conviction be guilty of a felony
punishable by imprisonment in the State Penitentiary Department of
Corrections not exceeding life.
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D. The provisions of this sectio n shall not apply to:
1. Acts which cause th e death of an unborn child if those acts
were committed during a legal abortion to which the pregnant woman
consented; or
2. Acts which are committed pursuant to usual and customary
standards of medical practic e during diagnostic testing or
therapeutic treatment.
E. Under no circumstances shall the mother of the unborn child
be prosecuted for causing the death of the unborn child unless the
mother has committed a crime that caused the death of the unborn
child.
The provisions of this section shall not be construed to apply
to cases in which a physician licensed to practice medicine in this
state attempts, in a reasonably pru dent manner, to prevent the death
of an unborn person or a pregnant woman.
SECTION 11. AMENDATORY 21 O.S. 2011, Section 691, is
amended to read as follows:
Section 691. A. Homicide is the killing of one human being by
another.
B. As used in this section, “human being”:
1. “Human being” includes an unborn child, as defined in
Section 1-730 of Title 63 of the Okl ahoma Statutes this section;
2. “Abortion” means the act of using or prescribing an
instrument, a drug, a medicine or any other substance, device or
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means with the intent to cause the death of an unborn child , which
shall not include instances in which a n unborn child dies by natural
causes.
3. “Unborn child” or “unborn person” means the unborn offspring
of human beings from th e moment of fertilization, through pregnanc y
and until live birth including the developmental stages of human
conceptus, zygote, morula, blastocyst, embryo and fetus.
4. “Fertilization” means the fusion of a human spermatozoon
with a human ovum.
C. Homicide shall not include:
1. Acts, but not be limited to, acts which cause the deat h of
an unborn child if those acts were committed during a legal an
abortion to which the pregnant woman consented; or
2. Acts which are committed pursuant to the usual and c ustomary
standards of medical practice during diagnostic testing or
therapeutic treatment.
D. Under no circumstances shall the mother of the unborn child
be prosecuted for causing the death of the unborn child unless t he
mother has committed a crime that caused the death of the unborn
child.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 696 of Title 21, unless there is
created a duplication in numbering, reads as follows:
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No person shall be excused from giving any testimony or evidence
upon any investigation or prosec ution for violation of this chapter,
upon the ground that such testimony would tend to convict the person
of a crime, but such testimony or evidence shall not be received
against the person upon any criminal investigation or prosecution,
except in a prosecution against the person for perjury committed in
giving such testimony.
SECTION 13. AMENDATORY Section 4, Chapter 238 , O.S.L.
2014, as last amended by Section 1, Chapter 329, O.S.L. 2019 (25
O.S. Supp. 2020, Section 2004) is amended to read as follows:
Section 2004. A. Except as otherwise provided by law, no
person, corporation, association, organization, state -supported
institution, or individual employed by any of these entities may
procure, solicit to perform, arrange for the performance of, perform
surgical procedures, or perform a physical examination upon a minor
or prescribe any prescription drugs to a minor without first
obtaining a written cons ent of a parent or legal guardian of the
minor. Provided, however, that if written consen t is provided to a
school district for assessm ent or treatment, such consent shall be
effective for the school year for which it is granted and shall be
renewed each subsequent school year. If an assessment or trea tment
is performed through telemedicine a t a school site and if consent
has been provided by the parent and is currently effective, t he
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health professional shall not be required to verify that the parent
is at the site.
B. Except as otherwise provided by law, no hospital as defined
in Section 1-701 of Title 63 of the Oklahoma Statutes may p ermit
surgical procedures to be performed upon a minor in its facilities
without first having received a written consent from a parent or
legal guardian of the minor.
C. The provisions of this section shall no t apply when it has
been determined by a physi cian that an emergency exists and that it
is necessary to perform such surgical procedures for the treatment
of an injury, illness or drug abuse, or to save the life of the
patient, or when such parent or other adult authorized by law to
consent on behalf of a minor cannot be located or contacted afte r a
reasonably diligent effort.
D. The provisions of this section shall n ot apply to an
abortion, which shall be governed by the provisions of Sections 1 -
740 through 1-740.6 and Sections 1 -744 through 1-744.6 of Title 63
of the Oklahoma Statutes or any su ccessor statute.
E. A person who violates a provision of this section is guilty
of a misdemeanor, punishable by a fine of not more than One Thousand
Dollars ($1,000.00) or imprisonment of not more than one (1) year in
the county jail, or by both such fine and imprisonment.
SECTION 14. AMENDATORY 56 O.S. 2011, Section 1005, is
amended to read as follows:
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Section 1005. A. It shall be unlawful for any person to
willfully and knowingly:
1. Make or cause to be made a claim, knowing the claim to be
false, in whole or in part, by commission or omission;
2. Make or cause to be made a statement or representat ion for
use in obtaining or seeking to ob tain authorization to provide a
good or a service knowing the statement or representation to be
false, in whole or in part, by commission or omission;
3. Make or cause to be made a statement or representation for
use by another in obtaining a good or a se rvice under the Oklahoma
Medicaid Program, kno wing the statement or representation to be
false, in whole or in part, by commission or omission;
4. Make or cause to b e made a statement or representation for
use in qualifying as a provider of a good or a se rvice under the
Oklahoma Medicaid Program, kno wing the statement or representation
to be false, in whole or in part, by commission or omission;
5. Charge any recipie nt or person acting on behalf of a
recipient, money or other consideration in addition to or in excess
of rates of remuneration establis hed under the Oklahoma Medicaid
Program;
6. Solicit or accept a benefit, pecuniary benefit , or kickback
in connection with goods or services paid or claimed by a provid er
to be payable by the Oklahoma Medicaid Program; or
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7. Having submitted a claim for or received payment for a good
or a service under the Oklahoma Me dicaid Program, fail to maintain
or destroy such record s as required by law or the rules of the
Oklahoma Health Care Authority for a period of at least six (6)
years following the date on whi ch payment was received.
B. For the purposes of this section, a person shall be deemed
to have made or caused to be mad e a claim, statement, or
representation if the pe rson:
1. Had the authority or responsibi lity to make the claim,
statement, or representation, to supervise those who made the claim,
statement, or representation, or to authorize the making of the
claim, statement, or representation, whether by operation of law,
business or professional practice , or office procedure; and
2. Exercised such authority or responsibility or failed to
exercise such authority or responsibility and as a direct or
indirect result, the false statement was made.
C. The provisions o f this section shall not be construed to
prohibit any payment, business arrangement or payment practice not
prohibited by 42 U.S.C., Section 1320a -7b(b) or any regulations
promulgated pursuant thereto or to prohibit any payment, business
arrangement or payment practice not prohibited by Section 1 -742 of
Title 63 of the Oklahoma Statutes .
D. For the purposes of this section, a person shall be deemed
to have known that a claim, statement , or representation was false
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if the person knew, or by virtue of the pe rson’s position, authority
or responsibility, had reason to know, of the falsity of the claim,
statement or representation.
E. Any employee of the St ate Department of Health, the
Department of Human Service s or the Oklahoma Health Care Authority
who knowingly or willfully fails to promptly repor t a violation of
the Oklahoma Medicaid Program , subject to the provisions of this
section, to the chief admin istrative officer of such agency or the
State Attorney General shall, upon conviction thereof, be guilty o f
a misdemeanor.
SECTION 15. AMENDATORY 59 O.S. 2011, Section 519.11, as
last amended by Section 5, Chapter 154, O.S.L. 2020 (59 O.S. Supp.
2020, Section 519.11), is amended to read as follows:
Section 519.11. A. Nothing in the Physician Assistant Act
shall be construed t o prevent or restrict the practice, services o r
activities of any persons of other licensed professions or personnel
supervised by licensed professions in this state from performing
work incidental to the practice of their profession or occupation,
if that person does not represent himself as a physic ian assistant.
B. Nothing stated in the Physician Assistant Act shall prevent
any hospital from requiring the physician assistant or the
delegating physician to meet and maintain certain staff appointment
and credentialing qualifications for the privilege of practicing as,
or utilizing, a physician assistant in the hospital.
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C. Nothing in the Physician Assistant Act shall b e construed to
permit a physician assistant to practice medicine or prescribe drugs
and medical supplies in this state except when such actions are
performed under the supervision and at the direction of a physician
or physicians approved by the State Boar d of Medical Licensure and
Supervision.
D. Nothing herein shall be construed to require li censure under
the Physician Assistant Act of a physician assistant student
enrolled in a physician assistant educational program accredited by
the Accreditation Revie w Commission on Education for the Physician
Assistant.
E. Notwithstanding any other provi sion of law, no one who is
not a physician licensed to practice medicine in this state may
perform acts restricted to such physicians pursuant to the
provisions of Section 1-731 of Title 63 of the Oklahoma Statutes.
This paragraph is inseverable.
SECTION 16. AMENDATORY 63 O.S. 2011, Section 1-568, is
amended to read as follows:
Section 1-568. A. Nothing in the Genetic Counseling Licensure
Act may be construed to require any genetic counselor or other
person to mention, discuss, sugg est, propose, recommend, or refer
for, abortion, or to agree or indicate a willingness to do so, nor
shall licensing of any genetic counselor be contingent upon
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acceptance of abortion as a treatment option for any genetic or
other prenatal disease, anomaly , or disability.
B. If the State Board of Hea lth determines that accreditation
of genetic counseling training programs by the American Board of
Genetic Counseling or of medical genetics training programs by the
American Board of Medical Genetics is depend ent on criteria, or
applied in a manner, incom patible with the provisions of subsection
A of this section, it shall establish or recognize and apply
criteria for accreditation of alternative genetic counseling
training programs or medical genetics training programs compatible
with the provisions of su bsection A of this section and any genetic
counseling training programs or medical genetics training programs
accredited thereunder shall be deemed accredited for the purposes of
paragraph 3 of subsection A of Section 4 1-564 of this act title.
C. If the State Board of Health determines that the examination
required for certification as a genetic counselor by the American
Board of Genetic Counseling or the American Board of Medical
Genetics or as a medical geneticist by th e American Board of Medical
Genetics is incompatible with the provisions of subsection A of this
section, it shall establish or recognize an alternative e xamination
compatible with the provisions o f that subsection and an individual
who passes such an exam ination shall be deemed to meet the relevant
requirements of paragraph 4 of subsection A of Section 4 1-564 of
this act title.
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D. The State Board of Heal th shall by rule waive such other
provisions of the Genetic Counseling Licensure Act and provide for
appropriate substitute requirements as it determines necess ary to
ensure compliance with subsection A of this section.
E. There shall be no cause of actio n against any person for
failure to mention, discus s, suggest, propose, recommend, or refer
for, abortion, unless the abortion is necessary to prevent the death
of the mother.
F. This section shall not be severable from the Genetic
Counseling Licensure Ac t.
SECTION 17. AMENDATORY 63 O.S. 2011, Section 1-701, as
amended by Section 1, Chapter 1 50, O.S.L. 2020 (63 O.S. Supp. 2020,
Section 1-701), is amended to read as follows:
Section 1-701. For the purposes of Section 1 -701 et seq. of
this title:
1. “Hospital” means any institution, place, building or agency,
public or private, whether organiz ed for profit or not, primarily
engaged in the maintenance and operation o f facilities for the
diagnosis, treatment or care of patients admitt ed for overnight stay
or longer in order to obta in medical care, surgical care,
obstetrical care, or nursing care for illness, disease, injury,
infirmity, or deformity. Except as otherwis e provided by paragraph
5 of this subsection, places where pregnant females are admitted and
receive care incident t o pregnancy, abortion or delivery shall be
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considered to be a “hospital” within the meaning of this article,
regardless of the number of pat ients received or the duration of
their stay. The term “hospital” includes general medical surgical
hospitals, specialized hospitals, critical access and emergency
hospitals, and birthing centers;
2. “General medical surgical hospital ” means a hospital
maintained for the purpose of providing hospital care in a broad
category of illness and injury;
3. “Specialized hospital” means a hospital maintained for the
purpose of providing ho spital care in a certain category, or
categories, of illness and injury;
4. “Critical access hospital ” means a hospital determined by
the State Department of Health to be a necessary provid er of health
care services to residents of a rural community;
5. “Emergency hospital” means a hospital that provides
emergency treatment an d stabilization services on a twenty -four-hour
basis that has the ab ility to admit and treat patients for short
periods of time;
6. “Birthing center” means any facility, place or in stitution,
which is maintained or established primarily for the purpose of
providing services of a certified midwife or licensed medical docto r
to assist or attend a woman in delivery and bi rth, and where a woman
is scheduled in advance to give birth follo wing a normal,
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uncomplicated, low-risk pregnancy. Provided, however, lice nsure for
a birthing center shall not be compulsory;
7. “Day treatment program” means nonresidential, partial
hospitalization programs, day treatment programs , and day hospital
programs as defined by subsection A of Section 175.20 of Title 10 of
the Oklahoma Statutes; and
8. a. “Primarily engaged” means a hospital shall b e
primarily engaged, defined by this section and as
determined by the State Department of Health, in
providing to inpatients the following care by or under
the supervision of physicians:
(1) diagnostic services and therapeutic services for
medical diagnosis, treatment and care of injured,
disabled or sick persons, or
(2) rehabilitation services for the rehabilitation of
injured, disabled or sick persons.
b. In reaching a determination as to whether an entity is
primarily engaged in providing inpatient hospi tal
services to inpatients of a hospital, the De partment
shall evaluate the total facility operations and
consider multiple factors as provided in subparagraphs
c and d of this subsection.
c. In evaluating the total facility operations, the
Department shall review the actual provision of care
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and services to two or more inpatients, and the
effects of that care, to ass ess whether the care
provided meets the needs of individual patients by wa y
of patient outcomes.
d. The factors that the Department shall cons ider for
determination of whether an entity meet s the
definition of primarily engaged include, but are not
limited to:
(1) a minimum of four inpatient beds,
(2) the entity’s average daily census (ADC),
(3) the average length of stay (ALOS),
(4) the number of off-site campus outpatient
locations,
(5) the number of provider-based emergency
departments for the entity,
(6) the number of inpatient beds related to the size
of the entity and the s cope of the services
offered,
(7) the volume of outpatient surgical procedures
compared to the inpatient surgical pr ocedures, if
surgical services are provided,
(8) staffing patterns, and
(9) patterns of ADC by day of the week.
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e. Notwithstanding any other provision of this section,
an entity shall be considered primarily engaged in
providing inpatient hospital services to inpatients if
the hospital has had an ADC of at least two (2) and an
ALOS of at least two (2) midnights over the past
twelve (12) months. A critical access hospital shall
be exempt from the ADC and ALOS determination. ADC
shall be calculated by addin g the midnight daily
census for each day of the twelve -month period and
then dividing the total number by days in the year. A
facility that has been operating for less than (12)
months at the time of the sur vey shall calculate its
ADC based on the number of months the facility has
been operational, but not less than thr ee (3) months.
If a first survey finds noncompliance with the ADC and
ALOS, a second survey may be required by the
Department to demonstrate compliance with state
licensure.
SECTION 18. AMENDATORY 63 O.S. 2011, Section 1-728c, is
amended to read as follows:
Section 1-728c. An employer shall not discriminate against an
employee or prospective employee by refusing to reaso nably
accommodate the religious observance or pract ice of the employee or
prospective employee, unless the employer can demonstrate that the
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accommodation would pose an undue hardship on the program,
enterprise, or business of the employer, in the following
circumstances:
1. An abortion as defined in Sect ion 1-730 of Title 63 of the
Oklahoma Statutes. The provisions of this section shall not apply if
the pregnant woman suffers from a physical disorder, physical
injury, or physical illness which, as certifi ed by a physician,
causes the woman to be in immine nt danger of death unless an
abortion is immediately performed or induced and there are no other
competent personnel available to attend to the woman. As used in
this act, the term “abortion” shall not include the prescription of
contraceptives;
2. An experiment or medical procedure that des troys an in vitro
human embryo or uses cells or tissue derived from t he destruction of
an in vitro human embryo;
3. 2. An experiment or medical procedure on an in vitr o human
embryo that is not related to the beneficia l treatment of the in
vitro human embryo;
4. 3. An experiment or medical procedure on a developing child
in an artificial womb, at any stage of development, that is not
related to the beneficial treatment of the developing child;
5. 4. A procedure, including a transplant procedure, that use s
fetal tissue or organs t hat come from a source other than a
stillbirth or miscarriage; or
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6. 5. An act that intentionally causes or assists in causing
the death of an individual by assisted suicide, euthanasia , or mercy
killing.
SECTION 19. AMENDATORY 63 O .S. 2011, Section 2601, is
amended to read as follows:
Section 2601. For the purposes of this act Section 2601 et seq.
of this title, the following words and phrases mean:
(a) 1. “Minor” means any person under the age of eighteen (18)
years of age, except such perso n who is on active duty wi th or has
served in any branch of the Armed Services of the United States
shall be considered an adult .;
(b) 2. “Health professional” means for the purposes of this act
any licensed physician, psychologist, dentist, osteopathic
physician, podiatrist, chiropra ctor, registered or licensed
practical nurse or physician’s assistant.; and
(c) 3. “Health services” means services delivered by any health
professional including examination, preventive and curative
treatment, surgical, hospitalization , and psychological service s,
except abortion or sterilization. Should the health services
include counseling concerni ng abortion, all alternatives will be
fully presented to the minor. Services in this act Section 2601 et
seq. of this title shall not include research or experimentation
with minors except where use d in an attempt to preserve the life of
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that minor, or research as approved by an appropriate review board
involved in the management of report able diseases.
SECTION 20. AMENDATORY 74 O.S. 2011, Section 5054 , is
amended to read as fo llows:
Section 5054. A. None of the fu nds provided in the Oklahoma
Health Research Act shall be used to co nduct or support any research
or experimentation on a human subject unless the research or
experimentation has been review ed and approved by an inst itutional
review board.
B. None of the funds provided in the Oklahoma Health Research
Act shall be used to undertake any research which has ab ortion, as
defined by Section 1-730 691 of Title 63 21 of the Oklahoma
Statutes, as its purpose.
SECTION 21. REPEALER 21 O.S. 2011, Sections 684, 714,
861 and 862, are hereby repealed.
SECTION 22. REPEALER 63 O.S. 2011, Sections 1-729a, as
amended by Section 1, Chapter 121, O.S.L. 2014, 1 -731, 1-731.2
through 1-737, 1-737.4, as amended by Section 1, Chapter 12 3, O.S.L.
2017, 1-737.5 and 1-737.6, 1-738i and 1-738j, 1-738k, as amended by
Section 1, Chapter 303, O.S.L. 201 3, 1-738l, 1-738m, as amended by
Section 6, Chapter 255, O.S.L. 2015, 1 -738n, as amended by Section
3, Chapter 303, O.S.L. 2013, 1-738o and 1-738p, 1-738.1A, 1-738.2
through 1-738.3a, as amended by Sections 1 thro ugh 3, Chapter 255,
O.S.L. 2015, 1-738.3d, 1-738.3e, 1-738.4, 1-738.5, 1-738.6 and 1-
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738.7, 1-738.8, as amended by Section 4, Chapter 25 5, O.S.L. 2015,
1-738.9 through 1-738.12, 1-738.13, as amended by Section 5, Chapter
255, O.S.L. 2015, 1-738.14 through 1-740.1, 1-740.2, 1-740.3 and 1-
740.4, as amended by Sections 2, 3 and 4, Chapter 320, O .S.L. 2013,
1-740.4a, 1-740.4b, as amended by Section 1, Chapter 387, O.S.L.
2015, 1-740.5 through 1-740.11, 1-740.12, as amended by Section 485,
Chapter 304, O.S.L. 20 12, 1-741 through 1-743 and 1-745.1 through 1-
745.11 (63 O.S. Supp. 2020, Sections 1-729a, 1-737.4, 1-738k, 1-
738m, 1-738n, 1-738.2 through 1-738.3a, 1-738.8, 1-738.13, 1-740.2,
1-740.3, 1-740.4, 1-740b and 1-740.12), are hereby repealed.
SECTION 23. REPEALER Sections 1 through 7, Chapter 170,
O.S.L. 2012 (63 O.S. Supp. 2020, Sections 1-729.1 through 1-729.7),
are hereby repealed.
SECTION 24. REPEALER Sections 1 through 9, Chapter 159,
O.S.L. 2012 (63 O.S. Su pp. 2020, Sections 1-745.12 through 1-
745.19), are hereby repealed.
SECTION 25. REPEALER Section 4, Chapter 303, O.S.L. 2013
(63 O.S. Supp. 2020, Section 1-738q), is hereby repealed.
SECTION 26. REPEALER Sections 2, 4, and 5, Chapter 268,
O.S.L. 2013 (63 O.S. Supp. 2020, Sections 1-740.2A, 1-740.13 and 1-
740.14), are hereby repealed.
SECTION 27. REPEALER Sections 1 and 5 through 10,
Chapter 320, O.S.L. 2013 (63 O.S. Supp. 20 20, Sections 1-744 and 1-
744.1 through 1-744.6), are hereby repealed.
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SECTION 28. REPEALER Sections 1, 3, 4, 5, 7, 8, 9, and
10, Chapter 175, O.S.L. 2014 (63 O.S. Supp. 20 20, Sections 1-746.1,
1-746.3, 1-746.4, 1-746.5, 1-746.7, 1-746.8, 1-746.9 and 1-746.10),
are hereby repealed.
SECTION 29. REPEALER Section 2, Chapter 175, O.S.L.
2014, as amended by Section 7, Chapt er 255, O.S.L. 2015 (63 O.S.
Supp. 2020, Section 1-746.2), is hereby repealed.
SECTION 30. REPEALER Section 6, Chapter 175, O.S.L.
2014, as amended by Section 8, Chapter 255, O.S.L. 2015 (63 O.S.
Supp. 2020, Section 1-746.6), is hereby repealed.
SECTION 31. REPEALER Section 1, Chapter 370, O.S.L. 20 14
(63 O.S. Supp. 2020, Section 1-748), is hereby repealed.
SECTION 32. REPEALER Sections 1 through 10, Chapte r 59,
O.S.L. 2015 (63 O.S. Supp. 2020, Sections 1-737.7 through 1-737.16),
are hereby repealed.
SECTION 33. REPEALER Section 9, Chapter 255, O.S.L. 2015
(63 O.S. Supp. 2020, Section 1-738.5a), is hereby repealed.
SECTION 34. REPEALER Sections 2 through 4 , Chapter 387,
O.S.L. 2015 (63 O.S. Supp. 2020, Sections 1-749 through 1-750), are
hereby repealed.
SECTION 35. REPEALER Sections 1 and 3 through 5, Chapter
353, O.S.L. 2016 (63 O.S. Supp. 2020, Sections 1-751 and 1-753
through 1-755), are hereby repealed.
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SECTION 36. REPEALER Section 2, Chapter 353, O.S.L. 2016
as amended by Section 2, Chapter 123, O.S.L. 2017, (63 O.S. Supp.
2020, Section 1-752), is hereby repealed.
SECTION 37. REPEALER Sections 1 through 5, Chapter 308,
O.S.L. 2017 (63 O.S. Supp. 2020, Sections 1-740.15 through 1-
740.19), are hereby repealed.
SECTION 38. REPEALER Section s 1 through 6, Chapter 198,
O.S.L. 2012 (63 O.S. Supp. 2020, Sections 1 -738.3f through 1-
738.3k), is hereby repealed.
SECTION 39. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act is prospective only and shall not apply to crimes
committed prior to the effective date of this act. For purposes of
this section, a crime is committed before the effective date of thi s
act if any element of the crime occurs before the effective date.
SECTION 40. NEW LAW A new section of law not to be
codified in the Okla homa Statutes reads as fo llows:
A. Any federal statute, regulation, treaty, executive order or
court ruling which purports to supersede, stay or overrule this act
is in violation of the Constitution of the State of Oklahoma and the
Constitution of the United States of America and is therefore void.
B. This state, a political subdivision of this s tate and any
agents of this state or a political subdivision of this state may
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disregard any part or the whole of any court decision which purports
to enjoin or void any provision of this act.
SECTION 41. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The provisions, words, phrases and clauses of this act are
declared to be inseverable.
SECTION 42. It being immediately necessary for the preservation
of the public peace, healt h, and safety, an emergency is hereby
declared to exist, by reason whereof this act shall take e ffect and
be in full force from and after its passage and approval.
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