OK
Oklahoma Senate Bill SB778

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB778 Compare Versions

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28+ENGROSSED HOUSE AMENDME NTS
29+ TO
30+ENGROSSED SENATE BILL NO . 778 By: Daniels, Bullard, Stephens,
31+David, Rogers and Taylor of
32+the Senate
33+
34+ and
35+
36+ Lepak of the House
137
238
339
4-An Act
5-ENROLLED SENATE
40+An Act relating to abortion; creating the Oklahoma
41+Abortion-Inducing Drug Risk Protocol Ac t; defining
42+terms; limiting provision of abortion -inducing drugs
43+to certain practitioners and procedures; prohibiting
44+provision through certain methods; requiring certain
45+examination; stating criteria of examination;
46+providing for complication management; requiring
47+scheduling and certain efforts of follow -up visit;
48+prohibiting provision of abortion -inducing drugs in
49+certain locations; requiring informed consent within
50+certain time period except under specified
51+conditions; directing use of certain form; stat ing
52+criteria of valid form; stating additional criteria;
53+requiring State Board of Medical Licensure and
54+Supervision to publish and update certain materials;
55+requiring qualified physician to provide certain
56+information; requiring completion and submission o f
57+certain report; stating required inclusions and
58+exclusions of report; requiring certain reporting of
59+adverse event; stating criteria of report; requiring
60+Department to prepare and submit certain report;
61+deeming reports public records; prohibiting certain
62+actions relating to identity of woman; directing
63+reports to be made available to certain entities;
64+requiring Department to communicate reporting
65+requirements; specifying additional reporting
66+requirements; requiring Department to create and
67+distribute certain forms; providing criminal
68+penalties; providing for certain civil remedies,
69+disciplinary sanctions and injunctive relief;
70+specifying certain judicial procedures; providing
71+certain construction and intent; authorizing certain
72+intervention; providing seve rability; providing for
73+codification; and providing an effective date.
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101+AUTHORS: Add the following House Coauthor s: Dills, Gann, Smith and
102+Manger
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105+AUTHORS: Add the following Senate Coauthors: Jett and Bergstrom
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107+AMENDMENT NO. 1. Page 1, Lines 7 through 23 1/2, strike the title
108+to read as follows
109+
110+"[ abortion – creating the Oklahoma Abortion-Inducing
111+Drug Risk Protocol Act – effective date ]"
112+
113+AMENDMENT NO. 2. Page 2, Line 3, strike the Enacting Clause
114+
115+Passed the House of Representatives the 21st day of April, 2021.
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121+Presiding Officer of the House of
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125+Passed the Senate the ____ day of __________, 2021.
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131+Presiding Officer of the Senate
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159+ENGROSSED SENATE
6160 BILL NO. 778 By: Daniels, Bullard, Stephens,
7-David, Rogers, Taylor, Jett
8-and Bergstrom of the Senate
161+David, Rogers and Taylor of
162+the Senate
9163
10164 and
11165
12- Lepak, Dills, Gann, Smith,
13-Manger, Steagall, West
14-(Kevin), Patzkowsky, Russ
15-and Roberts (Sean) of the
16-House
166+ Lepak of the House
17167
18168
19169
20170
21171 An Act relating to abortion; creating the Oklahoma
22172 Abortion-Inducing Drug Risk Protocol Act; defining
23173 terms; limiting provision of abortion -inducing drugs
24174 to certain practitioners and procedures; prohibiting
25175 provision through certain methods; requiring certain
26176 examination; stating criteria of examination;
27177 providing for complication management; requiring
28178 scheduling and certain efforts of follow -up visit;
29179 prohibiting provision of abortion -inducing drugs in
30180 certain locations; requiring informed consent within
31181 certain time period except under specified
32182 conditions; directing use of certain form; stating
33183 criteria of valid form; stating additional criteria;
34184 requiring State Board of Medical Licensure and
35185 Supervision to publish and update certain materials;
36186 requiring qualified physician to provide certain
37187 information; requiring completion and submission of
38188 certain report; stating required inclusions and
39189 exclusions of report; requiring certain reporting of
40190 adverse event; stating criteria of report; requiring
41191 Department to prepare and submit certain report;
42192 deeming reports public records; prohibiting certain
43193 actions relating to identity of woman; directing
44194 reports to be made available to certain entities;
45195 requiring Department to communicate reporting
46196 requirements; specifying additional reporting
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48-ENR. S. B. NO. 778 Page 2
49197 requirements; requiring Department to create and
50198 distribute certain forms; providing criminal
51199 penalties; providing for certain civil remedies,
52200 disciplinary sanctions and injunctive reli ef;
53201 specifying certain judicial procedures; providing
54202 certain construction and intent; authorizing certain
55203 intervention; providing severability; providing for
56204 codification; and providing an effective date.
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62-SUBJECT: Abortion
234+
63235
64236 BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
65-
66237 SECTION 1. NEW LAW A new section of law to be codified
67238 in the Oklahoma Statutes as Section 1 -756.1 of Title 63, unless
68239 there is created a duplication in numbering, reads as follows:
69-
70240 This act shall be known and may be cited as the “Oklahoma
71241 Abortion-Inducing Drug Risk Protocol Act”.
72-
73242 SECTION 2. NEW LAW A new section of law to be codified
74243 in the Oklahoma Statutes as Section 1 -756.2 of Title 63, unless
75244 there is created a duplication in numbering, reads as follows:
76-
77245 As used in this act:
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79246 1. “Abortion” means the use or prescription of any instrument,
80247 medicine, drug or any other substance or device intentionally to
81248 terminate the pregnancy of a female known to be pregnant with an
82249 intention other than to increas e the probability of a live birth, to
83250 preserve the life or health of the child after live birth, to remove
84251 an ectopic pregnancy or to remove a dead unborn child who died as
85252 the result of a spontaneous miscarriage, accidental trauma or a
86253 criminal assault on the pregnant female or her unborn child;
87-
88254 2. “Abortion-inducing drug” means a medicine, drug or any other
89255 substance prescribed or dispensed with the intent of terminating the
90256 pregnancy of a woman known to be pregnant, with knowledge that the
257+termination will with reasonable likelihood cause the death of the
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93-termination will with reasonable likel ihood cause the death of the
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94284 unborn child. This includes the off -label use of drugs known to
95285 have abortion-inducing properties, which are prescribed specifically
96286 with the intent of causing an abortion, such as mifepristone
97287 (Mifeprex), misoprostol (Cytotec) and methotrexate. This definition
98288 does not apply to drugs that may be known to cause an abortion, but
99289 which are prescribed for other medical indications, such as
100290 chemotherapeutic agents and diagnostic drugs. The use of such dru gs
101291 to induce abortion is also known as “medical”, “medication”, “RU –
102292 486”, “chemical”, “Mifeprex regimen” or “drug -induced” abortion;
103-
104293 3. “Adverse Event”, according to the Food and Drug
105294 Administration, means any untoward medical occurrence associated
106295 with the use of a drug in humans, whether or not considered drug -
107296 related. It does not include an adverse event or suspected adverse
108297 reaction that, had it occurred in a more severe form, might have
109298 caused death;
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111299 4. “Associated physician” means a person licensed to practice
112300 medicine in the state including medical doctors and doctors of
113301 osteopathy, that has entered into an associated physician agreement;
114-
115302 5. “Complication” means any adverse physical or psychological
116303 condition arising from the performance of an abo rtion which
117304 includes, but is not limited to, uterine perforation, cervical
118305 perforation, infection, heavy or uncontrolled bleeding, hemorrhage,
119306 blood clots resulting in pulmonary embolism or deep vein thrombosis,
120307 failure to actually terminate the pregnancy, incomplete abortion
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121334 (retained tissue), pelvic inflammatory disease, endometritis, missed
122335 ectopic pregnancy, cardiac arrest, respiratory arrest, renal
123336 failure, metabolic disorder, shock, embolism, coma, placenta previa
124337 in subsequent pregnancies, preterm de livery in subsequent
125338 pregnancies, free fluid in the abdomen, hemolytic reaction due to
126339 the administration of ABO -incompatible blood or blood products,
127340 adverse reactions to anesthesia and other drugs, subsequent
128341 development of breast cancer, psychological c omplications such as
129342 depression, suicidal ideation, anxiety, sleeping disorders, death
130343 and any other adverse event as defined by the Food and Drug
131344 Administration criteria provided in the Medwatch Reporting System;
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135345 6. “Gestational age” means the time that has elapsed since the
136346 first day of the woman’s last menstrual period, also known as “last
137347 menstrual period” or “LMP”;
138-
139348 7. “Hospital” means an institution providing medical and
140349 surgical treatment and nursing care for sick or injured people, or
141350 institutions defined under Section 1 -701 of Title 63 of the Oklahoma
142351 Statutes;
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144352 8. “Physician” means any person licensed to practice medicine
145353 in this state. The term includes medical doctors and doctors of
146354 osteopathy;
147-
148355 9. “Pregnant” or “pregnancy” means that female re productive
149356 condition of having an unborn child in the mother’s uterus;
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151383 10. “Provide” or “provision” means, when used regarding
152384 abortion-inducing drugs, any act of giving, selling, dispensing,
153385 administering, transferring possession to or otherwise providin g or
154386 prescribing an abortion -inducing drug;
155-
156387 11. “Qualified physician” means a physician licensed in this
157388 state who has the ability to:
158-
159389 a. identify and document a viable intrauterine pregnancy,
160-
161390 b. assess the gestational age of pregnancy and to inform
162391 the patient of gestational age -specific risks,
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164392 c. diagnose ectopic pregnancy,
165-
166393 d. determine blood type and administer RhoGAM if a woman
167394 is Rh negative,
168-
169395 e. assess for signs of domestic abuse, reproductive
170396 control, human trafficking and other signals of
171397 coerced abortion,
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173398 f. provide surgical intervention or has entered into a
174399 contract with another qualified physician to provide
175400 surgical intervention, and
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179401 g. supervise and bear legal responsibility for any agent,
180402 employee or contractor who is participating in any
181403 part of procedure including, but not limited to, pre -
182404 procedure evaluation and care;
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184405 12. “Reasonable medical judgment” means a medical judgment that
185406 would be made by a reasonably prudent physician knowledgeable about
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186433 the case and the treatment possibilities wi th respect to the medical
187434 conditions involved; and
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189435 13. “Unborn child” means an individual organism of the species
190436 homo sapiens, beginning at fertilization, until the point of being
191437 born-alive as defined in Title 1 U.S.C., Section 8(b).
192-
193438 SECTION 3. NEW LAW A new section of law to be codified
194439 in the Oklahoma Statutes as Section 1 -756.3 of Title 63, unless
195440 there is created a duplication in numbering, reads as follows:
196-
197441 Abortion-inducing drugs shall only be provided by a qualified
198442 physician following procedures laid out in this act. It shall be
199443 unlawful for any manufacturer, supplier, physician, qualified
200444 physician or any other person to provide any abortion -inducing drug
201445 via courier, delivery or mail service.
202-
203446 SECTION 4. NEW LAW A new section of law to be codified
204447 in the Oklahoma Statutes as Section 1 -756.4 of Title 63, unless
205448 there is created a duplication in numbering, reads as follows:
206-
207449 A. The qualified physician providing an abortion -inducing drug
208450 shall examine the woman in person, and prior to providing an
209451 abortion-inducing drug, shall:
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211452 1. Independently verify that a pregnancy exists;
212-
213453 2. Determine the woman’s blood type, and if she is Rh negative,
214454 be able to and offer to administer RhoGAM at the time of the
215455 abortion;
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217482 3. Inform the patient that she may see the remains of her
218483 unborn child in the process of completing the abortion; and
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222484 4. Document, in the woman’s medical chart, the gestational age
223485 and intrauterine location of the pregnancy, and whether she recei ved
224486 treatment for Rh negativity, as diagnosed by the most accurate
225487 standard of medical care.
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227488 B. A qualified physician providing an abortion -inducing drug
228489 shall be credentialed and competent to handle complication
229490 management including emergency transfer, o r shall have a signed
230491 contract with an associated physician who is credentialed to handle
231492 complications and be able to produce that signed contract on demand
232493 by the pregnant woman, by the State Board of Medical Licensure and
233494 Supervision or by the State Dep artment of Health. Every pregnant
234495 woman to whom a qualified physician provides any abortion -inducing
235496 drug shall be given the name and phone number of the associated
236497 physician.
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238498 C. The qualified physician providing any abortion -inducing drug
239499 or an agent of the qualified physician shall schedule a follow -up
240500 visit for the woman at approximately seven (7) to fourteen (14) days
241501 after administration of the abortion -inducing drug to confirm that
242502 the pregnancy is completely terminated and to assess the degree of
243503 bleeding. The qualified physician shall make all reasonable efforts
244504 to ensure that the woman returns for the scheduled appointment. A
245505 brief description of the efforts made to comply with this subsection
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246532 including the date, time and identification by name of the person
247533 making such efforts, shall be included in the woman’s medical
248534 record.
249-
250535 SECTION 5. NEW LAW A new section of law to be codified
251536 in the Oklahoma Statutes as Section 1 -756.5 of Title 63, unless
252537 there is created a duplicatio n in numbering, reads as follows:
253-
254538 Notwithstanding any other provision of this act or the laws of
255539 this state, abortion -inducing drugs shall not be provided in any
256540 school facility or on state grounds including, but not limited to,
257541 elementary, secondary and i nstitutions of higher education in this
258542 state.
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260543 SECTION 6. NEW LAW A new section of law to be codified
261544 in the Oklahoma Statutes as Section 1 -756.6 of Title 63, unless
262545 there is created a duplication in numbering, reads as follows:
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266546 A. No abortion-inducing drug shall be provided without the
267547 informed consent of the pregnant woman as described in this section
268548 to whom the abortion -inducing drug is provided.
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270549 B. Informed consent to a chemical abortion shall be obtained at
271550 least seventy-two (72) hours before the abortion -inducing drug is
272551 provided to the pregnant woman, except if in reasonable medical
273552 judgment, compliance with this subsection would pose a greater risk
274553 of:
554+1. The death of the pregnant woman; or
275555
276-1. The death of the pregnant woman; or
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278581 2. The substantial and irrevers ible physical impairment of a
279582 major bodily function not including psychological or emotional
280583 conditions, of the pregnant woman.
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282584 C. A form created by the State Department of Health shall be
283585 used by a qualified physician to obtain the consent required prior
284586 to providing an abortion -inducing drug.
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286587 D. A consent form is not valid and consent is not sufficient,
287588 unless:
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289589 1. The patient initials each entry, list, description or
290590 declaration required to be on the consent form as detailed in
291591 paragraphs 1 through 6 o f subsection E of this section;
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293592 2. The patient signs the “consent statement” described in
294593 paragraph 11 of subsection E of this section; and
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296594 3. The qualified physician signs the “qualified physician
297595 declaration” described in paragraph 12 of subsection E o f this
298596 section.
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300597 E. The consent form shall include, but is not limited to, the
301598 following:
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303599 1. The probable gestational age of the unborn child as
304600 determined by both patient history and by ultrasound results used to
305601 confirm gestational age;
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309602 2. A detailed description of the steps to complete the chemical
310603 abortion;
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312630 3. A detailed list of the risks related to the specific
313631 abortion-inducing drug or drugs to be used including, but not
314632 limited to, hemorrhaging, failure to remove all tissue of the unborn
315633 child which may require an additional procedure, sepsis, sterility
316634 and possible continuation of pregnancy;
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318635 4. Information about Rh incompatibility including that if she
319636 has an Rh-negative blood type, she should receive an injection of Rh
320637 immunoglobulin at the time of the abortion to prevent Rh
321638 incompatibility in future pregnancies;
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323639 5. That the risks of complications from a chemical abortion
324640 including incomplete abortion, increase with advancing gestational
325641 age;
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327642 6. That it may be possible to reverse the effects of the
328643 chemical abortion should she change her mind, but that time is of
329644 the essence;
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331645 7. That she may see the remains of her unborn child in the
332646 process of completing the abortion;
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334647 8. That initial studies suggest that children born after
335648 reversing the effects of Mifeprex/mifepristone have no greater risk
336649 of birth defects than the general population;
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338650 9. That initial studies suggest there is no increased risk of
339651 maternal mortality after reversing the effects of
340652 Mifeprex/mifepristone;
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342679 10. That information on and assistance with reversing the
343680 effects of abortion-inducing drugs are available in the state -
344681 prepared materials;
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346682 11. An “acknowledgment of risks and consent statement” which
347683 shall be signed by the patient. The statement shall include, but is
348684 not limited to, the following declarations, which shall be
349685 individually initialed by the patient:
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353686 a. that the patient understands that the abortion -
354687 inducing drug regimen or procedure is intended to end
355688 her pregnancy and will result in the death of her
356689 unborn child,
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358690 b. that the patient is not being forced to have an
359691 abortion, that she has the choice not to have the
360692 abortion and that she may withdraw her consent to the
361693 abortion-inducing drug regimen even after she has
362694 begun the abortion-inducing drug regimen,
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364695 c. that the patient understands that the chemical
365696 abortion regimen or procedure to be used has specific
366697 risks and may result in specific complications,
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368698 d. that the patient has been given the opportunity to ask
369699 questions about her pregnancy, the development of her
370700 unborn child, alternatives to abortion, the abortion -
371701 inducing drug or drugs to be used and the risks and
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372728 complications inherent to the abortion -inducing drug
373729 or drugs to be used,
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375730 e. that she was specifically told that “Information on
376731 the potential ability of qualified medical
377732 professionals to reverse the effects of an abortion
378733 obtained through the use of abortion -inducing drugs is
379734 available at www.abortionpillreversal.com, or you can
380735 contact (877) 558-0333 for assistance in locating a
381736 medical professional that can aide in the reversal of
382737 an abortion.”,
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384738 f. that she has been provided access to state -prepared,
385739 printed materials on informed consent for abortion and
386740 the state-prepared and maintained website on informed
387741 consent for abortion,
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389742 g. if applicable, that she has been given the name and
390743 phone number of the associated physician who has
391744 agreed to provide medical care and treatment in the
392745 event of complications associated with the abortion -
393746 inducing drug regimen or procedure,
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397747 h. that the qualified physician w ill schedule an in-
398748 person follow-up visit for the patient at
399749 approximately seven (7) to fourteen (14) days after
400750 providing the abortion -inducing drug or drugs to
401751 confirm that the pregnancy is completely terminated
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402778 and to assess the degree of bleeding and o ther
403779 complications, and
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405780 i. that the patient has received or been given sufficient
406781 information to give her informed consent to the
407782 abortion-inducing drug regimen or procedure, and
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409783 j. that the patient has a private right of action to sue
410784 the qualified physic ian under the laws of this state
411785 if she feels that she has been coerced or misled prior
412786 to obtaining an abortion, and how to access state
413787 resources regarding her legal right to obtain relief;
414788 and
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416789 12. A “qualified physician declaration”, which shall be sig ned
417790 by the qualified physician, stating that the qualified physician has
418791 explained the abortion -inducing drug or drugs to be used, has
419792 provided all of the information required in subsection E of this
420793 section, and has answered all of the woman’s questions.
421-
422794 SECTION 7. NEW LAW A new section of law to be codified
423795 in the Oklahoma Statutes as Section 1 -756.7 of Title 63, unless
424796 there is created a duplication in numbering, reads as follows:
425-
426797 A. The State Board of Medical Licensure and Super vision shall
427798 cause to be published in the state -prepared, printed materials on
428799 informed consent for abortion and the state -prepared and maintained
429800 website on informed consent for abortion the following statement:
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431827 “Information on the potential ability of qu alified medical
432828 professionals to reverse the effects of an abortion obtained through
433829 the use of abortion-inducing drugs is available at
434830 www.abortionpillreversal.com, or you can contact (877) 558 -0333 for
435831 assistance in locating a medical professional that c an aid in the
436832 reversal of an abortion.”
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440833 B. On an annual basis, the State Board of Medical Licensure and
441834 Supervision shall review and update, if necessary, the statement
442835 required in subsection A of this Section.
443-
444836 C. As part of the informed consent counseli ng required in
445837 Section 5 of this act, the qualified physician shall inform the
446838 pregnant woman about abortion pill reversal and provide her with the
447839 state-prepared materials and website link as proscribed by Section 6
448840 of this act.
449-
450841 SECTION 8. NEW LAW A new section of law to be codified
451842 in the Oklahoma Statutes as Section 1 -756.8 of Title 63, unless
452843 there is created a duplication in numbering, reads as follows:
453-
454844 A. For the purpose of promoting maternal health and adding to
455845 the sum of medical and public health knowledge through the
456846 compilation of relevant data, a report of each drug -induced abortion
457847 performed shall be made to the State Department of Health on forms
458848 prescribed by it. The reports shall be completed by the hospital or
459849 other licensed facility in which the abortion -inducing drug was
460850 given, sold, dispensed, administered or otherwise provided or
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461877 prescribed; signed by the qualified physician who gave, sold,
462878 dispensed, administered or otherwise provided or prescribed the
463879 abortion-inducing drug; and transmitted to the Department within
464880 fifteen (15) days after each reporting month.
465-
466881 B. Each report shall include, at minimum, the following
467882 information:
468-
469883 1. Identification of the qualified physician who provided the
470884 abortion-inducing drug;
471-
472885 2. Whether the chemical abortion was completed at the hospital
473886 or licensed facility in which the abortion -inducing drug was
474887 provided or at an alternative location;
475-
476888 3. The referring physician, agency or service, if any;
477-
478889 4. The pregnant woman’s age and race;
479-
480890 5. The number of previous pregnancies, number of live births
481891 and number of previous abortions of the pregnant woman;
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485892 6. The probable gestational age of the unborn child as
486893 determined by both patient history and by ultrasound results used to
487894 confirm the gestational age. The report shall include the date of
488895 the ultrasound and gestational age determined on that date;
489-
490896 7. The abortion-inducing drug or drugs used, the date each was
491897 provided to the pregnant woman and the reason for the abortion, if
492898 known;
493-
494899 8. Preexisting medical conditions of the pregnant woman which
495900 would complicate her pregnancy, if any;
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497927 9. Whether the woman returned for a follow -up examination to
498928 determine completion of the abortion procedure and to assess
499929 bleeding and the date and r esults of any such follow -up examination,
500930 and what reasonable efforts were made by the qualified physician to
501931 encourage that she return for a follow -up examination if she did
502932 not;
503-
504933 10. Whether the woman suffered any complications, and what
505934 specific complications arose and any follow -up treatment needed; and
506-
507935 11. The amount billed to cover the treatment for specific
508936 complications including whether the treatment was billed to
509937 Medicaid, private insurance, private pay or other method. This
510938 shall include charge s for any physician, hospital, emergency room,
511939 prescription or other drugs, laboratory tests and any other costs
512940 for treatment rendered.
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514941 C. Reports required under this subsection shall not contain:
515-
516942 1. The name of the pregnant woman;
517-
518943 2. Common identifier s such as her social security number or
519944 driver license number; or
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521945 3. Other information or identifiers that would make it possible
522946 to identify, in any manner or under any circumstances, a woman who
523947 has obtained or seeks to obtain a chemical abortion.
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527948 D. If a qualified physician provides an abortion -inducing drug
528949 to a pregnant woman for the purpose of inducing an abortion as
529950 authorized in Sections 2 and 3 of this act, and if the qualified
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530977 physician knows that the woman who uses the abortion -inducing drug
531978 for the purpose of inducing an abortion experiences, during or after
532979 the use of the abortion -inducing drug, an adverse event, the
533980 qualified physician shall provide a written report of the adverse
534981 event within three (3) days of the event to the Food and Drug
535982 Administration via the Medwatch Reporting System, and to the
536983 Department and to the State Board of Medical Licensure and
537984 Supervision.
538-
539985 E. Any physician, qualified physician, associated physician or
540986 other healthcare provider who treats a woman, either
541987 contemporaneously to or at any time after the procedure, for an
542988 adverse event or complication related to a chemical abortion shall
543989 make a report of the adverse event to the Department on forms
544990 prescribed by it. The reports shall be completed by the hospital or
545991 other facility in which the adverse event treatment was provided;
546992 signed by the physician, qualified physician or other healthcare
547993 provider who treated the adverse event; and transmitted to the
548994 Department within (15) days after each reporting month.
549-
550995 F. The Department shall prepare a comprehensive annual
551996 statistical report for the Legislature based upon the data gathered
552997 from reports under this section. The aggregated data shall also be
553998 made available to the public by the Department in a downloadable
554999 format.
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5561026 G. The Department shall summarize aggregate data from the
5571027 reports required under this act and submit the data to the Centers
5581028 for Disease Control and Prevention.
559-
5601029 H. Reports filed pursuant to this section shall be public
5611030 records and shall be available t o the public in accordance with the
5621031 confidentiality and public records reporting laws of this state.
5631032 Copies of all reports filed under this subsection shall be available
5641033 to the State Board of Medical Licensure and Supervision, State Board
5651034 of Pharmacy, state law enforcement offices and child protective
5661035 services for use in the performance of their official duties.
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569-ENR. S. B. NO. 778 Page 14
5701036 I. Absent a valid court order or judicial subpoena, neither the
5711037 Department, any other state department, agency or office nor any
5721038 employees thereof shall compare data concerning abortions or
5731039 abortion complications maintained in an electronic or other
5741040 information system file with data in any other electronic or other
5751041 information system with the intention of identifying, in any manner
5761042 or under any circumstances, a woman obtaining or seeking to obtain a
5771043 drug-induced abortion.
578-
5791044 J. Statistical information that may reveal the identity of a
5801045 woman obtaining or seeking to obtain a drug -induced abortion shall
5811046 not be publicly disclosed by the Department, any ot her state
5821047 department, agency, office or any employee or contractor thereof.
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5841074 K. Copies of all reports filed under this section shall be
5851075 available to the Department and the State Board of Medical Licensure
5861076 and Supervision for use in the performance of its o fficial duties.
587-
5881077 L. The Department shall communicate the reporting requirements
5891078 in this section to all medical professional organizations, licensed
5901079 physicians, hospitals, emergency rooms, abortion facilities,
5911080 clinics, ambulatory surgical facilities and oth er healthcare
5921081 facilities operating in this state.
593-
5941082 M. Any physician including emergency medical personnel, who
5951083 treats a woman for complications or adverse event arising from an
5961084 abortion, shall file a written report as required by this section of
5971085 this act with the Department.
598-
5991086 N. A physician filing a written report with the Department
6001087 after treating a woman for complications or otherwise in an
6011088 emergency capacity shall make reasonable efforts to include all of
6021089 the required information that may be obtained wit hout violating the
6031090 privacy of the woman.
604-
6051091 SECTION 9. NEW LAW A new section of law to be codified
6061092 in the Oklahoma Statutes as Section 1 -756.9 of Title 63, unless
6071093 there is created a duplication in numbering, reads as follows:
608-
6091094 The State Department of Health shall create and distribute the
6101095 forms required by this act within sixty (60) days after the
6111096 effective date of this act. No provision of this act requiring the
1097+reporting of information on forms published by the Department shall
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614-reporting of information on forms published by the Department shall
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6151124 be applicable until ten (10) days after the requisite forms are
6161125 first created and distributed or until the effective date of this
6171126 act, whichever is later.
618-
6191127 SECTION 10. NEW LAW A new section of law to be codified
6201128 in the Oklahoma Statutes as Section 1-756.10 of Title 63, unless
6211129 there is created a duplication in numbering, reads as follows:
622-
6231130 A. A person who intentionally, knowingly or recklessly violates
6241131 any provision of this act is guilty of a misdemeanor.
625-
6261132 B. A person who intentionally, knowi ngly or recklessly violates
6271133 any provision of this act by fraudulent use of an abortion -inducing
6281134 drug, with or without the knowledge of the pregnant woman, is guilty
6291135 of a felony.
630-
6311136 C. No criminal penalty may be assessed against the pregnant
6321137 woman upon whom the drug-induced abortion is attempted, induced or
6331138 performed.
634-
6351139 SECTION 11. NEW LAW A new section of law to be codified
6361140 in the Oklahoma Statutes as Section 1 -756.11 of Title 63, unless
6371141 there is created a duplication in numbering, reads as follows:
638-
6391142 A. In addition to whatever remedies are available under the
6401143 common or statutory law of this state, failure to comply with the
6411144 requirements of this act shall:
642-
6431145 1. Provide a basis for a civil malpractice action for actual
6441146 and punitive damages;
1147+2. Provide a basis for a professional disciplinary action;
6451148
646-2. Provide a basis for a professional disciplinary action;
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6481174 3. Provide a basis for recovery for the woman’s survivors for
6491175 the wrongful death of the woman; and
650-
6511176 4. Provide a basis for a cause of action for injunctive relief
6521177 against a person who has provided an abortion-inducing drug in
6531178 violation of this act. Such an action may be maintained by:
654-
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6571179 a. a woman to whom such an abortion -inducing drug was
6581180 provided,
659-
6601181 b. a person who is the spouse, parent or guardian of, or
6611182 a current or former licensed health care pro vider of,
6621183 a woman to whom an abortion -producing drug was
6631184 provided, or
664-
6651185 c. a prosecuting attorney with appropriate jurisdiction.
666-
6671186 The injunction shall prevent the defendant from providing
6681187 further abortion-inducing drugs in violation of this act.
669-
6701188 B. No civil liability may be assessed against the pregnant
6711189 woman upon whom the drug -induced abortion is attempted, induced or
6721190 performed.
673-
6741191 C. When requested, the court shall allow a woman to proceed
6751192 using solely her initials or a pseudonym and may close any
6761193 proceedings in the case and enter other protective orders to
6771194 preserve the privacy of the woman upon whom the drug -induced
6781195 abortion was attempted, induced or performed.
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6801222 D. If judgment is rendered in favor of the plaintiff, the court
6811223 shall also render judgment for rea sonable attorney fees in favor of
6821224 the plaintiff against the defendant.
683-
6841225 E. If judgment is rendered in favor of the defendant and the
6851226 court finds that the plaintiff’s suit was frivolous and brought in
6861227 bad faith, the court may render judgment for reasonable attorney
6871228 fees in favor of the defendant against the plaintiff.
688-
6891229 SECTION 12. NEW LAW A new section of law to be codified
6901230 in the Oklahoma Statutes as Section 1 -756.12 of Title 63, unless
6911231 there is created a duplication in numbering, read s as follows:
692-
6931232 A. Nothing in this act shall be construed as creating or
6941233 recognizing a right to abortion.
695-
6961234 B. It is not the intention of this act to make lawful an
6971235 abortion that is otherwise unlawful.
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7011236 C. Nothing in this act repeals, replaces or otherwise
7021237 invalidates existing federal or state laws, regulations or policies.
703-
7041238 SECTION 13. NEW LAW A new section of law to be codified
7051239 in the Oklahoma Statutes as Section 1 -756.13 of Title 63, unless
7061240 there is created a duplication in numbering, reads as follows:
707-
7081241 The Legislature, by joint resolution, may appoint one or more of
7091242 its members, who sponsored or cosponsored this act in his or her
7101243 official capacity, to intervene as a matter of right in any case in
7111244 which the constitutionality of this act is challenged.
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7131271 SECTION 14. NEW LAW A new section of law to be codified
7141272 in the Oklahoma Statutes as Section 1 -756.14 of Title 63, unless
7151273 there is created a duplication in numbering, reads as follows:
716-
7171274 If any one or more provisions, se ctions, subsections, sentences,
7181275 clauses, phrases or words of this act or the application thereof to
7191276 any person or circumstance is found to be unconstitutional, the same
7201277 is hereby declared to be severable and the balance of this act shall
7211278 remain effective notwithstanding such unconstitutionality. The
7221279 Legislature hereby declares that it would have passed this act, and
7231280 each provision, section, subsection, sentence, clause, phrase or
7241281 word thereof, irrespective of the fact that any one or more
7251282 provisions, sections, subsections, sentences, clauses, phrases or
7261283 words be declared unconstitutional.
727-
7281284 SECTION 15. This act shall become effective November 1, 2021.
729-
730-
731-ENR. S. B. NO. 778 Page 18
732-Passed the Senate the 19th day of May, 2021.
1285+Passed the Senate the 10th day of March, 2021.
7331286
7341287
7351288
7361289 Presiding Officer of the Senate
7371290
7381291
739-Passed the House of Representatives the 25th day of May, 2021.
1292+Passed the House of Representatives the ____ day of __________,
1293+2021.
7401294
7411295
7421296
7431297 Presiding Officer of the House
7441298 of Representatives
7451299
746-OFFICE OF THE GOVERNOR
747-Received by the Office of the Governor this _______ _____________
748-day of ___________________, 20_______, at _______ o'clock _______ M.
749-By: _______________________________ __
750-Approved by the Governor of the State of Oklahoma this _____ ____
751-day of _________________ __, 20_______, at _______ o'clock _______ M.
7521300
753- ____________________ _____________
754- Governor of the State of Oklahoma
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7561326
757-OFFICE OF THE SECRETARY OF STATE
758-Received by the Office of the Secretary of State this _______ ___
759-day of __________________, 20 _______, at _______ o'clock _______ M.
760-By: _______________________________ __