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SENATE FLOOR VERSION
February 22, 2021
AS AMENDED
SENATE BILL NO. 723 By: Dahm and Bullard
[ abortion - fetal heartbeat - penalties -
codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 509, as last
amended by Section 36, Chapter 161, O.S.L. 2020 (59 O.S. Supp. 2020,
Section 509), is amended to read as follows:
Section 509. The words “unprofessional conduct” as used in
Sections 481 through 518.1 of this title are hereby dec lared to
include, but shall not be limited to, the following:
1. Procuring, aiding or abetting a criminal operation;
2. The obtaining of any fee or offering to accept an y fee,
present or other form of remune ration whatsoever, on the assurance
or promise that a manifestly incurable disease can or will be cured;
3. Willfully betraying a professional secret to the detriment
of the patient;
4. Habitual intemperance or the h abitual use of habit -forming
drugs;
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5. Conviction or confession of, or plea of guilt y, nolo
contendere, no contest or Alford plea to a felony or any offense
involving moral turpitude;
6. All advertising of medical busin ess in which statements are
made which are grossly untrue or improbable a nd calculated to
mislead the public;
7. Conviction or confession of, or plea of guilty, nolo
contendere, no contest or Alford plea to a crime involving v iolation
of:
a. the antinarcotic or prohibition laws and regulat ions
of the federal government,
b. the laws of this state,
c. State Board of Health r ules, or
d. a determination by a judge or jury;
8. Dishonorable or immoral conduct which is likely to dece ive,
defraud, or harm the public;
9. The commission of any act which is a violation of the
criminal laws of any state when such act is connected wit h the
physician’s practice of medicine. A complaint, indictment or
confession of a criminal violation shal l not be necessary for the
enforcement of this provision. Proof of the commission of the act
while in the practice of medicine or under the guise of the practice
of medicine shall be unprofessional conduct;
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10. Failure to keep complete and accurate recor ds of purchase
and disposal of controlled drugs or of narcotic d rugs;
11. The writing of false or fic titious prescriptions for any
drugs or narcotics declared by the laws of this state to be
controlled or narcotic drugs;
12. Prescribing or administering a drug or treatment without
sufficient examination and the estab lishment of a valid physician -
patient relationship and not prescribing in a safe, med ically
accepted manner;
13. The violation, or attempted violation, direct or indirect,
of any of the provisions of the Oklahoma Allopat hic Medical and
Surgical Licensure and Supervision Act, either as a princ ipal,
accessory or accomplice;
14. Aiding or abetting, directly or indirectly, the practice of
medicine by any person not duly authorized under the laws of this
state;
15. The inability to practice medicine with reas onable skill
and safety to patients by reason of age, illness, drunkenness,
excessive use of drugs, narcotics, chemicals , or any other type of
material or as a result of any mental or physical condition. In
enforcing this section the State Board of Medica l Licensure and
Supervision may, upon probable cause, request a physician to submit
to a mental or physical examination by physicians designated by it.
If the physician refuses to submit to t he examination, the Board
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shall issue an order requiring the phy sician to show cause why the
physician will not submit to the examination and shall s chedule a
hearing on the order within thirty (30) days after notice is served
on the physician, exclusive o f the day of service. The ph ysician
shall be notified by either personal service or by certified mail
with return receipt requested. At the hearing , the physician and
the physician’s attorney are entitled to present any testimony and
other evidence to sh ow why the physician should n ot be required to
submit to the examination. After a complete hearing, t he Board
shall issue an order either requiring the physician to submit to the
examination or withdrawing the request for examination. The medical
license of a physician ordered to su bmit for examination may be
suspended until the results of the examinatio n are received and
reviewed by the Board;
16. a. Prescribing, dispensing or administering of controlled
substances or narcotic drugs in excess of the amou nt
considered good medical pr actice,
b. prescribing, dispensing or administering controlled
substances or narcotic drugs without medical need in
accordance with pertinent licensing board standards,
or
c. prescribing, dispensing or administering opioid drug s
in excess of the maximum li mits authorized in Section
2-309I of Title 63 of the Oklahoma Statutes;
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17. Engaging in physical conduct with a patient which is sexual
in nature, or in any verbal behavior which is seductive or sexually
demeaning to a patient ;
18. Failure to maintain an office record for each patient whi ch
accurately reflects the evaluation, treatment, and medical necessity
of treatment of the patient;
19. Failure to provide necessary ongoing medical treatment when
a doctor-patient relationship has been established, whi ch
relationship can be severed by e ither party providing a reasonable
period of time is granted; or
20. Failure to prov ide a proper and safe medical facility
setting and qualified assistive personnel for a recognized medical
act, including but not limited to an initial in-person patient
examination, office surgery, diagnostic service or any other medical
procedure or treatment. Adequate medical records to support
diagnosis, procedure, treatment or prescribed medications must b e
produced and maintained ; or
21. Violation of the provisions o f the Heartbeat Informed
Consent Act.
SECTION 2. AMENDATORY 59 O.S. 2011, Section 637, as last
amended by Section 42, Chapter 161, O.S.L. 2020 ( 59 O.S. Supp. 2020,
Section 637), is amended to read as follows:
Section 637. A. The State Board of Osteopathic Examiners may
refuse to admit a person to an examination or may refuse to issue or
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reinstate or may suspend or revoke any licen se issued or reinstated
by the Board upon proof that the applicant or holder of such a
license:
1. Has obtained a license, license renewal or authorization to
sit for an examination, as the case may be, through fraud,
deception, misrepresentation or bribe ry; or has been granted a
license, license renewal or authorization to sit for an examination
based upon a material mistake of fact;
2. Has engaged in the use or employment of dishonest y, fraud,
misrepresentation, fals e promise, false pretense, unethical conduct
or unprofessional conduct, as may be determined by the Board, in the
performance of the functions or duties of an osteopathic physi cian,
including but not limited to the followin g:
a. obtaining or attempting to obtain any fee, charge,
tuition or other compensation by fraud, deceptio n or
misrepresentation; willfully and continually
overcharging or overtreating patients; or charging for
visits to the physician’s office which did not occur
or for services which were not rendered,
b. using intimidation, coercion or deception to obtain or
retain a patient or discourage the use of a second
opinion or consultation,
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c. willfully performing ina ppropriate or unnecessary
treatment, diagnostic tests or osteopathic medical or
surgical services,
d. delegating professional responsibilities to a pers on
who is not qualified by training, skill, competency,
age, experience or licensure to perform them, no ting
that delegation may only occur within an a ppropriate
doctor-patient relationship, wherein a proper patient
record is maintained including, but not limited to, at
the minimum, a current history and physical,
e. misrepresenting that any disease, ailment , or
infirmity can be cured by a method, proced ure,
treatment, medicine or devic e,
f. acting in a manner which result s in final disciplinary
action by any professional society or association or
hospital or medical staff of such hospital in this or
any other state, whether agreed to voluntarily or not,
if the action was in any way rela ted to professional
conduct, professional competence, malpractice or any
other violation of the Oklahoma Osteopathic Medicine
Act,
g. signing a blank prescription form; or disp ensing,
prescribing, administering or otherwise distributing
any drug, controlled substance or other treatment
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without sufficient examination or the est ablishment of
a physician-patient relationship, or for other than
medically accepted therapeutic or expe rimental or
investigational purpose duly author ized by a state or
federal agency, or not in good faith to relieve pai n
and suffering, or not to treat an ailment, physical
infirmity or disease, or violating any state or
federal law on controlled dangerous s ubstances
including, but not limited to, prescr ibing, dispensing
or administering opioid drugs in excess of the maxim um
limits authorized in Section 2 -309I of Title 63 of the
Oklahoma Statutes,
h. engaging in any sexual activity within a physician -
patient relationship,
i. terminating the care of a pati ent without adequate
notice or without making other arrangements for t he
continued care of the patient,
j. failing to furnish a copy of a patient ’s medical
records upon a proper request from the patient or
legal agent of the patient or another physician; o r
failing to comply with any othe r law relating to
medical records,
k. failing to comply with any subpoen a issued by the
Board,
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l. violating a probation agreement or order with this
Board or any other agency, and
m. failing to keep complete and accurate re cords of
purchase and disposal of controlled drugs or narcotic
drugs;
3. Has engaged in gross negligence , gross malpractice or gross
incompetence;
4. Has engaged in repeated acts of negligence, malpractice o r
incompetence;
5. Has been finally adjudicate d and found guilty, or entered a
plea of guilty or nolo contendere in a criminal prosecution, for any
offense reasonably related to the qualifications, functions or
duties of an osteopathic physician, whether or not sentence is
imposed, and regardless of t he pendency of an appeal;
6. Has had the authority to engage in the a ctivities regulated
by the Board revoked, suspended, restricted, modified or limited, or
has been reprimanded, warned or censured, probated or otherwise
disciplined by any other state or federal agency whether or not
voluntarily agreed to by the physician including, but not limited
to, the denial of licensure, surrender of the license, permit or
authority, allowing the license, permit or auth ority to expire or
lapse, or discontinuing or l imiting the practice of osteopath ic
medicine pending disposition of a complaint or completion of an
investigation;
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7. Has violated, or failed to comply with provisions of any act
or regulation administered by the Board;
8. Is incapable, for medical or ps ychiatric or any other good
cause, of discharging the functions of an osteopathic physician in a
manner consistent with the public ’s health, safety and welfare;
9. Has been guilty of advertising by means of k nowingly false
or deceptive statements;
10. Has been guilty of advertising, pra cticing, or attempting
to practice under a name other than one ’s own;
11. Has violated or refused to comply with a lawful order of
the Board;
12. Has been guilty of habitual drunkenness, or habitual
addiction to the use o f morphine, cocaine or other habi t-forming
drugs;
13. Has been guilty of personal offensive behavior, wh ich would
include, but not be limited to obscenity, lewdness and molestation;
and
14. Has been adjudica ted to be insane, or incompetent, or
admitted to an institution for the treatmen t of psychiatric
disorders; and
15. Has violated the provisions of the Heartbeat Informed
Consent Act.
B. The State Board of Osteopathic Examiners shall neither
refuse to renew, nor suspend, nor revoke any license, howeve r, for
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any of these causes, unless the person accused has been given a t
least twenty (20) days ’ notice in writing of the charge against him
or her and a public hearing by the Board provided, three -fourths
(3/4) of a quorum present at a meeting may vote to suspend a license
in an emergency situation if the licensee affected i s provided a
public hearing within thirty (30) days of the emergency suspension.
C. The State Board of Osteopathic Examiners shall have th e
power to order or subpoena the attendance of witnesses, the
inspection of records and premises and the production o f relevant
books and papers for the investigation of matters that may come
before them. The presiding officer of the Board shall have the
authority to compel the giving of testimony as is conferred on
courts of justice.
D. Any osteopathic physician in th e State of Oklahoma whose
license to practice osteopathic medicine is revoked or suspended
under this section shall have the right to seek judicial review of a
ruling of the Board pursua nt to the Administrative Procedures Act.
E. The Board may enact rules and regulations pursuant to the
Administrative Procedures Act setting out additional acts of
unprofessional conduct; which acts shall be g rounds for refusal to
issue or reinstate, or fo r action to condition, suspend or revoke a
license.
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SECTION 3. AMENDATORY Section 4, Chapter 159, O.S.L.
2012 (63 O.S. Supp. 20 20, Section 1-745.14), is amended to read as
follows:
Section 1-745.14. A. Any abortion provider who knowingly
performs or induces any abortion shall com ply with the requirements
of the Heartbeat Informed Consent Act.
B. Prior to a woman giving informed consent to having any part
of an abortion performed or induced, if the pregnancy is at least
eight (8) six (6) weeks after fertilization, the abortion pro vider
who is to perform or induce the abortion or an agent of the abortion
provider shall tell the woman that it may be possible to make
determine if the embryonic or fetal heartbeat of the unborn child is
audible for the pregnant woman to hear and ask the woman if she
would like to hear the heartbeat. If the woman would like to hear
the heartbeat, the abortion provider shall, using a Doppler fetal
heart rate monitor, make the embryonic or fetal heartbeat of the
unborn child audible for the pregnant woman to hear. No physician
shall perform an abortion if the physician determines the embryonic
or fetal heartbeat is audible. An abortion provider , or an agent of
the abortion provider shall not be in violat ion of the requirements
of this subsection if:
1. The provider or agent has attempted, consistent with
standard medical practice, to make the embryonic or fetal heartbeat
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of the unborn child audible for the p regnant woman to hear using a
Doppler fetal heart rate monitor;
2. That attempt does not result in the heartbeat being made
audible; and
3. The provider has offered to attempt to make the heartbeat
audible at a subsequent date.
C. Nothing in this sectio n shall be construed to prevent the
pregnant woman from not listening to the sounds detected by the
Doppler fetal heart rate monitor pursuant to the requirements of
subsection B of this section.
SECTION 4. AMENDATORY Section 6, Ch apter 159, O.S.L.
2012 (63 O.S. Supp. 20 20, Section 1-745.16), is amended to read as
follows:
Section 1-745.16. A. Any person who intentionally or
recklessly performs or induces an abortion in violation of the
Heartbeat Informed Consent Act shall be guil ty of a misdemeanor. No
penalty shall be asses sed against the woman upon whom the abortion
is performed or induced or attempted to be performed or induced.
B. Any woman upon whom an abortion has been performed or
induced in violation of this act the Heartbeat Informed consent Act,
or the father of the unborn child who was the subject of such an
abortion, may maintain an action agains t the person who performed or
induced the abortion in intentional or reckless violation of this
act for actual and punitive damages. Any woman upon whom an
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abortion has been attempted in violation of this act may maintain an
action against the person who attempted to perform or induce the
abortion in an intentional or reckless violation of this act for
actual and punitive dama ges.
C. A cause of action for injunctive relief against any person
who has intentionally or recklessly violated this act the Heartbeat
Informed Consent Act may be maintained by the woman upon whom an
abortion was performed or induced in violation of this act; by any
person who is the spouse, parent, sibling , or guardian of, or a
current or former licensed health care pr ovider of, the woman upon
whom an abortion has bee n performed or induced in violation of this
act; by a district attorney with appropriate jurisdiction; or by the
Attorney General. The injunction shall prevent the a bortion
provider from performing or indu cing further abortions in violation
of this act in the state.
D. If judgment is rendered in favor of the plaintiff in an
action described in this section, the court shall also render
judgment for a reasonable attorn ey fee in favor of the plaintiff
against the defendant.
E. If judgment is rendered in fav or of the defendant and the
court finds that the plaintiff ’s suit was frivolous and broug ht in
bad faith, the court shall also render judgment for a reasonable
attorney fee in favor of the defendant against the plaintiff.
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F. No damages or attorney fee may be assessed against the woman
upon whom an abortion was performed or attempted to be per formed or
induced except in accordance with subsection E of this section.
G. In addition to all other penalties pres cribed by this
section, a physician who intentiona lly or recklessly performs or
induces an abortion in violation of the Heartbeat Informed Consent
Act shall be prohibited from obtaining or renewing a license to
practice medicine in this state. The State B oard of Medical
Licensure and Supervision shall re voke the license of a medical
doctor who intentionally or recklessly performs or induces an
abortion in violation of the Heartbeat Informed Consent Act. The
State Board of Osteopathic Examiners shall revok e the license of a
doctor of osteopathy who intent ionally or recklessly performs or
induces an abortion in violation of the Heartbeat Infor med Consent
Act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 1-745.20 of Title 63, unless
there is created a duplication in numbering, reads as follows:
If some or all of the provisions of Section 1, 2, 3 or 4 of this
act are ever temporarily or permanently rest rained or enjoined by
court order, the remaining provisions of such section shall be
enforced as though the restrained or enjoined provisions had not
been adopted; provided, howev er, if such temporary or permanent
restraining order or injunction is stayed or dissolved, or otherwise
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ceases to have effect, such provisions shall have full force a nd
effect.
SECTION 6. This act shall become effective November 1, 202 1.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 22, 2021 - DO PASS AS AMENDED