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ENGROSSED SENATE
BILL NO. 779 By: Daniels, Bullard, Stephens,
David and Taylor of the
Senate
and
Lepak of the House
An Act relating to abortion; creating the Oklahoma
Abortion-Inducing Drug Certification Program Act;
defining terms; specifying applicability of act;
directing creation of certification program ; limiting
provision of abortion -inducing drugs to certain
practitioners and procedures; authorizing certain
fees and contracts; directing State Board of Pharmacy
to establish certain requirements for manufacturers,
distributors and physicians; providing certification
systems and requirements for manufacturers,
distributors and physicians; requiring physician to
maintain hospital admitting pr ivileges or enter into
certain written agree ment; stating conditions of
agreement; requiring Board to adopt cer tain reporting
system; stating criteria of reporting system;
requiring certain report ing of physicians; providing
for reporting of adverse events; p roviding criminal
penalties; providing for certain civil remedies,
disciplinary sanctions and injunctive rel ief;
specifying certain judicial procedures; directing
Board to develop certain enforcement scheme;
specifying criteria of enforcement scheme; providing
for certain restitution; directing c reation of
certain public portal; requiring portal to list
certain names and allow for certain compl aints;
providing for disposition of c omplaints; providing
for confidentiality of complaints; providing certain
construction and intent; authorizing certain
intervention; providing severability; amending 59
O.S. 2011, Section 353.7, as last amended by Section
4, Chapter 106, O.S.L. 2018 (59 O.S. Supp. 2020,
Section 353.7), which relates to powers and duties of
the Board; broadening allowed uses of fees; providing
for codification; and providing an effective date .
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BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.1 of Title 63, unless
there is created a duplication in numbering, re ads as follows:
Sections 1 through 16 of this act shall be known and may be
cited as the “Oklahoma Abortion-Inducing Drug Certification Program
Act”.
SECTION 2. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 1-757.2 of Title 63, unless
there is created a duplication in numbering, re ads as follows:
As used in this act:
1. “Abortion” means the act of using or prescribing any
instrument, medicine, drug or any other substance, device or means
with the intent to terminate the pregnancy of a woman known to be
pregnant, with knowledge that the termination by those means will
with reasonable likelihood cause the deat h of the unborn child.
Such use, prescription or means is not an abortion if done with the
intent to:
a. save the life or preserve the health of the unborn
child,
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b. remove a dead unborn child caused by spont aneous
abortion, accidental trauma or a crimina l assault on
the pregnant woman or her unborn child,
c. remove an ectopic pregnancy , or
d. treat a maternal disease or illness for which the
prescribed drug is indicated;
2. “Abortion-inducing drug” means a medicine, drug or any other
substance prescribed or dispensed with the intent of termi nating the
pregnancy of a woman known to be pregnant, with knowledge that the
termination will with reasonable likelihood cause the death of the
unborn child. This includ es the off-label use of drugs known to
have abortion-inducing properties, which are p rescribed specifically
with the intent of causing an abortion, such as mifepristo ne
(Mifeprex), misoprostol (Cytotec) and methotrexate. Thi s definition
does not apply to drugs that may be known to cause an abortion, b ut
which are prescribed for other medi cal indications, such as
chemotherapeutic agents and diagnostic drugs. The use of such drugs
to induce abortion is also known as “medical”, “medication”, “RU–
486”, “chemical”, “Mifeprex regimen” or “drug-induced” abortion;
3. “Adverse Event”, according to the Food and Drug
Administration, means any untoward medical occurrence associa ted
with the use of a drug in humans, whether or not consid ered drug-
related. It does not include an adverse event or suspected adverse
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reaction that, had it occurred in a mo re severe form, might have
caused death;
4. “Associated physician” means a person licensed to practice
medicine in the state including medical doctors and doctors of
osteopathy, that has entered into an associated physician agreement;
5. “Complication” means any adverse physical or psychological
condition arising from the performance of an abortion which
includes, but is not limited to , uterine perforation, cervical
perforation, infection, heavy or uncontrolled bleed ing, hemorrhage,
blood clots resulting in pulmonary embolism or deep vein thrombosis,
failure to actually terminate the pregnancy, incomplete abor tion
(retained tissue), pelvic i nflammatory disease, endometriti s, missed
ectopic pregnancy, cardiac arrest, r espiratory arrest, renal
failure, metabolic disorder, shock, embolism, coma, placenta previa
in subsequent pregnancies, preterm delivery in subseq uent
pregnancies, free fluid in the abdomen, hemolytic reaction due to
the administration of ABO-incompatible blood or blood products,
adverse reactions to anesthesia and other drugs, subsequent
development of breast cancer, psychological complications suc h as
depression, suicidal ideati on, anxiety, sleeping disorders, death
and any other adverse event as defined by the Food and Drug
Administration criteria provided in the Medwatch Reporting System ;
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6. “Gestational age” means the time that has elapsed sinc e the
first day of the woman ’s last menstrual period , also known as “last
menstrual period” or “LMP”;
7. “Hospital” means an institution providing m edical and
surgical treatment and nursing care for sick or injured people, or
institutions defined un der Section 1-701 of Title 63 of the O klahoma
Statutes;
8. “Manufacturers and distributors” means individuals or
entities that create, produce, supply, tr ansport or sell drugs,
which include:
a. any substances recognized by an officia l pharmacopoeia
or formulary,
b. any substances intended fo r use in the diagnosis,
cure, mitigation, treatment, or prevention of disease ,
c. any substances other than food intended to affect the
structure or any function of the body , or
d. any substances intended for use as a compon ent of a
medicine but not a devi ce or a component, part or
accessory of a device;
9. “Obstetrician/gynecologi st”, also known as OB/GYN, means a
licensed physician who specializes in the care of women during
pregnancy and childbi rth and in the diagnosis an d treatment of
diseases of the female reproductive organs and specializes in other
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women’s health issues such as menopause, hormone problems,
contraception or birth control, and infertility;
10. “Physician” means any person lice nsed to practice medicine
in this state. The term includes medical doctors and doctors of
osteopathy;
11. “Pregnant” or “pregnancy” means that female reproductive
condition of having an unborn child in the mother ’s uterus;
12. “Provide” or “provision” means, when used regarding
abortion-inducing drugs, any act of giving, selling, dispensing,
administering, transferring possession to or o therwise providing or
prescribing an abortion-inducing drug; and
13. “Unborn child” means an individual organism of th e species
homo sapiens, beginning at fertilization, until the point of being
born-alive as defined in Title 1 U.S.C., Section 8(b).
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.3 of Title 63, unless
there is created a duplication in number ing, reads as follows:
This act applies to any physician, health care provider or other
person who is providing abort ion-inducing drugs for use within this
state, or any manufacturer or distributor providing abortion -
inducing drugs within this state.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.4 of Title 63, unless
there is created a duplication in numbering, reads as follows:
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A. The State Board of Pharmacy shall promulgate rules to create
a certification progra m to oversee and regulate the provision of
abortion-inducing drugs. Abortion -inducing drugs shall be
transported and provided in this state only by manufacturers or
distributors certified to do so under this program. The drugs shall
only be provided to p atients by physicians certified to do so under
this program.
B. The program shall be known as the Oklahoma Abortion-Inducing
Drug Certification Program .
C. The Board may assess reasonable fees and enter into
contracts with persons or entities to implement the Oklahoma
Abortion-Inducing Drug Certifica tion Program.
D. Abortion-inducing drugs shall not be provided directly to
the patient through the mail, or otherwise outside of the parameters
of the Oklahoma Abortion-Inducing Drug Certification Program .
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.5 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The State Board of Pharmacy shall establish the following
requirements for manufacturers and di stributors of abortion-inducing
drugs, at a minimum:
1. Require completion of the c ertification process for
physicians as described in Section 7 of this act, and for
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manufacturers and distributors, as describ ed in Section 6 of this
act;
2. Notify manufacturers and distributors of physicians
certified under the Oklahoma Abortion-Inducing Drug Certification
Program;
3. Develop a reporting system as specified in Section 9 of this
act;
4. Prohibit shipment of abortion-inducing drugs to physicians
who become de-certified from the Oklahoma Abortion-Inducing Drug
Certification Program ;
5. Audit newly certified manufacturers and distributors within
ninety (90) calendar days after the manufacturer or distributor is
authorized, and annually thereafter, to ensure that all processes
and procedures are in place and functioning to support the
requirements of the Oklahoma Abortion-Inducing Drug Certification
Program;
6. If a manufacturer or distributor is found to be non -
compliant, immediately su spend manufacturer’s or distributor’s
certification until th e manufacturer or distributor demonstrates
full compliance; and
7. Enforce compliance according to Section 12 of this act.
B. The State Board of Pharmacy shall establish the following
requirements for physicians prov iding abortion-inducing drugs, at a
minimum:
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1. Require completion of the certification process;
2. Audit newly certified physicians within ninety (90) calendar
days after the physician is authorized, and an nually thereafter, to
ensure that all required processes and procedures are in place and
functioning to support the requirements of the Oklahoma Abortion-
Inducing Drug Certification Program ;
3. If a physician is found to be non -compliant, immediately
suspend the physician’s certification until such ti me that the
physician demonstrates ful l compliance; and
4. Enforce compliance accor ding to Section 12 of this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.6 of Title 63, unless
there is created a duplication in n umbering, reads as follows:
The State Board of Pharmacy shall adopt a certification system
for any manufacturer or distributor intend ing to provide abortion -
inducing drugs in the state. To be eligible to be certified under
this section, manufacturers and distributors shall:
1. Be licensed by the Board;
2. Only distribute to physicians certified under this act;
3. Record each serial number from pharmaceutical packages
distributed to each certified physician ;
4. Abide by all applicable standards of the Utilization Review
Accreditation Commission (UR AC) or National Association of Boards of
Pharmacy (NABP);
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5. For online sales or orders, hold a current “.pharmacy” or
“.pharma” domain and abide by all the standards requ ired by the NABP
to maintain the domai n;
6. Follow all other applicable state or fe deral laws related to
the distribution or delivery of legend drugs including abortion-
inducing drugs; and
7. Follow all acceptable processes and procedures to maintain a
distribution or delivery system that is secure, confidential and
follows all processes and procedures including those for storage,
handling, shipping, tracking package serial numbers, proof of
delivery and controlled returns of abortion -inducing drugs.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.7 of Title 63, unless
there is created a duplication in numbering, reads as follows:
The State Board of Pharmacy shall adopt a certification system
for any physician intending t o provide abortion-inducing drugs to
patients in the state. Individuals or physicians providing
abortion-inducing drugs in other states are not automatica lly
certified in this state, and shall be fully certified under this law
prior to providing any abort ion-inducing drugs to any pregnant women
in this state. To be eligible to be certified under this section
physicians shall:
1. Be licensed to practice medicine and in go od standing in the
state;
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2. Examine any patient in person prior to providing aborti on-
inducing drugs;
3. Sign an annual “Dispensing Agreement Form,” to be developed
and provided by the State Board of Pharmacy, before providing
abortion-inducing drugs;
4. Inform the patient of gestat ional age-specific risks of
using abortion-inducing drugs;
5. Assess for signs of domestic abu se, reproductive control,
human trafficking and other signals of coerced abortion, per current
state guidelines;
6. Adequately inform the patient of gestational age-specific
age risks of using abortion-inducing drugs;
7. Inform the patient that she may s ee the remains of her
unborn child in the process of completing the abortion ;
8. Inform the patient that studies show that babies born
following the abortion re versal process have a rate of birth defects
no higher than the general population;
9. Inform the patient that studies show that following this
reversal process or otherwise treating a woman with progesterone
during pregnancy does not lead to increased mor tality rates;
10. Refrain from knowingly supplying ab ortion-inducing drugs to
patients who present with any of the following:
a. absence of a pregnancy ,
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b. being post-seventy days gestation or post -ten weeks of
pregnancy, and
c. having risk factors associated with abortion-inducing
drugs including, but not limited to:
(1) ectopic pregnancies,
(2) problems with the adrenal glands near the
kidneys,
(3) being treated with long -term corticosteroid
therapy,
(4) allergic reactions to abortion-inducing drugs,
mifepristone, misoprostol or similar drugs,
(5) bleeding problems or is taking anticoagulant drug
products,
(6) has inherited porphyria,
(7) has an intrauterine device in place, or
(8) being Rh Negative, requiring administration of
Rhogam before providing abo rtion-inducing drugs;
11. Provide or refer for emerge ncy surgical intervention in
cases of incomplete abortion, severe bleeding or other medical
complications, through mai ntaining hospital admitting privileges or
entering into a written agreement with an associated physician as
specified in Section 8 of this act;
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12. Assure patient access to medi cal facilities equipped to
provide blood transfusions and resuscitation or other necessary
treatments, if necessary ;
13. Sign, and ensure that the patient signs , all legally
required informed consent material, provi ding patient with a copy
showing both signatures, and placing the original in the patient ’s
medical record;
14. Record the serial number from each package of each
abortion-inducing drug given to the p atient in her medical record;
15. Submit a written pro tocol of how efforts will be made to
schedule with the patient the medically indicted follow -up
appointment within fourteen (14) days to assure a completed
abortion;
16. Report to the State Board of Pharmacy, as well as the Food
and Drug Administration, any death associated with abortion-inducing
drugs with the following guidelines:
a. the patient shall be noted by a non-identifiable
reference and the serial number from ea ch package of
abortion-inducing drug given, whether or not
considered drug-related,
b. this shall be done as soon as possible but no later
than fifteen (15) calendar days from the initial
receipt of the information by the physician , and
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c. this requirement does not affect the physician ’s other
reporting and follow-up requirements under the
Oklahoma Abortion-Inducing Drug Certification Program
or any additional requirements by another department
that oversees the abortion industry in this state;
17. Submit a written protocol of how compli cations will be
handled by the certified physician an d submit a copy of a signed
contract with an associated physician credentialed to handle certain
complications as outlined in Section 8 of this act;
18. Abide by all applicable state and federal laws regarding
medical records retention, confidentiality an d privacy; and
19. Agree to follow and document co mpliance with all other
legally required conditions for performing abortion in the state
where the patient presents fo r her appointment including, but not
limited to, waiting periods, informed consent requ irements,
statistical reporting, parental consent or notification, and
required inspections.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.8 of Title 63, unless
there is created a d uplication in numbering, reads as follows:
The State Board of Pharmacy shall also require the following of
certified physicians:
1. Maintaining hospital admitting privile ges at one or more
hospitals in the county or c ontiguous county where the abortion -
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inducing drug was provided, and informing the pa tient of any
hospital where the physician holds admitting privi leges.
2. Alternatively, the physician may enter into a writt en
agreement with an associated physician in th e county or contiguous
county where the abortion-inducing drug was provided. Th e written
agreement shall meet these conditions:
a. a physician who provides an abortion -inducing drug
shall notify the patient o f the location of the
hospital at which the ass ociated physician has
admitting privileges,
b. the physician shall keep, at the location of his or
her practice, a copy of the written agreement ,
c. the physician shall submit a copy of the written
agreement to the State Department of Health as part of
any required clinic licensure,
d. the State Department of Health shall verify the
validity of the document, and shal l remove any
personal identifying inf ormation of the patient from
the document before releasing the document in
accordance with the following:
(1) the State Department of Health shall annually
submit a copy of the written agreement described
in this paragraph to each hospital located in the
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county or a county that is contiguous to the
county where the abortion was performed , and
(2) the State Department of Health shall confirm to a
member of the public, upon request, that the
written agreement required to b e submitted under
this section for an abortion clinic has been
received by the Department,
e. the agreement shall be renewed annually, or more often
as required by the State Board of Pharmacy,
f. the agreement shall include a requirement that the
physician provide to the patient and require the
patient to sign all l egally required informed consent
material, and
g. the agreement shall require the adherence to all
reporting requirement s from the State Board of
Pharmacy and the State Department of Health.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 1-757.9 of Title 63, unless
there is created a duplication in numberin g, reads as follows:
A. The State Board of Pharmacy shall adopt an electro nically
based reporting system for certified physicians to report annually
the following:
1. The number of patients served;
2. Age of patients served;
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3. Race of patients served ;
4. County and state of residence of patients serv ed;
5. If the patient resides outside the United States, city and
country of residence ;
6. County and state of service ;
7. A list of staff attending patients including licensing
numbers and evidence of other qualifications;
8. Each medication used or p rovided per patient, by date;
9. Any known complications or adverse events, and how they were
addressed, by date; and
10. Unresolved cases.
B. This reporting system shall also be used by emergency
department physicians and private physicians who treat p ost-abortion
complications.
C. Physicians shall protect from disclosure any personally
identifiable information of t he patient in accordance with
applicable federal a nd state law.
D. A certified physicia n shall also report to the State Board
of Pharmacy, as well as the Medwatch Reporting System of the Food
and Drug Administration (FDA), any complication or adverse event as
defined according to the FDA criteria given i n the Medwatch
Reporting System.
E. The State Board of Pharmacy shall develop a system o f
reporting adverse events from the use of abortion -inducing drugs for
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this state. The system shall require reporting of complications and
adverse events including, but not limited to:
1. Death;
2. Blood loss including hemorrhage;
3. Infection including sepsis;
4. Blood transfusions;
5. Administer drug for an ectopic pregnancy; and
6. Other adverse effects requiring hospitalization or
additional medical care .
F. The State Board of Pharmacy shall require the following
providers and entities to repor t complications and adverse events in
writing:
1. Physicians certified to provide abortion -inducing drugs;
2. Emergency room physicians;
3. Any doctor licensed in this state including an
obstetrician/gynecologist who treats women with adverse events;
4. Provision of certification requires that the physician shall
also report adverse events and any patient deaths to the F DA; and
5. Other individuals or entities as de termined by the State
Board of Pharmacy.
SECTION 10. NEW LAW A ne w section of law to be codified
in the Oklahoma Statut es as Section 1-757.10 of Title 63, unless
there is created a dupli cation in numbering, reads as follows:
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A. Individuals or entities not certified under the Oklahoma
Abortion-Inducing Drug Certification Program that provide drugs for
the purpose of inducin g abortion are in violation of this act.
B. Individuals or entiti es that provide abortion -inducing drugs
to any person or entity that is not certified, or otherwise
authorized, to provide abortion-inducing drugs under the Oklahoma
Abortion-Inducing Drug Certification Program are in violation of
this act.
C. A person who intentionally, knowingly or recklessly violat es
any provision of this act is guilty of a misdemeanor.
D. A person who intentionally, knowingly or recklessly violates
any provision of thi s act by fraudulent use of an abortion -inducing
drug, with or without the knowledge of the pregnant woman, is guil ty
of a felony.
E. No civil or criminal penalty may be assessed against the
pregnant woman upon whom the drug-induced abortion is attempted ,
induced or performed.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.11 of Title 63, unless
there is created a duplication in nu mbering, reads as follows:
A. In addition to whatev er remedies are available under the
common or statutory law of this state, failure to comply w ith the
requirements of this act shall:
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1. Provide a basis for a civil malpractice action for actual
and punitive damages;
2. Provide a basis for a professional disciplinary action; and
3. Provide a basis for recovery for the woman’s survivors for
the wrongful death of the w oman.
B. When requested, the court sh all allow a woman to proceed
using solely her init ials or a pseudonym and may close any
proceedings in the case and enter other protective orders to
preserve the privacy o f the woman upon whom the drug -induced
abortion was attempted, induced or performed.
C. If judgment is rendered in favor of the plaint iff, the court
shall also render judgment for reaso nable attorney’s fees in favor
of the plaintiff against the defendant.
D. If judgment is rendered in favor of the de fendant and the
court finds that the plaintiff’s suit was frivolous and brought in
bad faith, the court may render judgment for reasonable attorney’s
fees in favor of the defendant against the plaintiff.
E. A cause of action for injunctive relief against a person who
has provided an abortion -inducing drug in violation of this act may
be maintained by:
1. A woman to whom such an abortion -inducing drug was provided;
2. A person who is the spouse, parent or gua rdian of, or a
current or former licensed healt h care provider of, a woman to whom
such an abortion-inducing drug was provided ; or
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3. A prosecuting attorney with appropriate jurisdicti on.
The injunction shall prevent the defendant from providing
further abortion-inducing drugs in violation of this ac t.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.12 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The State Board of Pharmacy shall develop an enforcement
scheme to enforce this act, which includes:
1. When an individual or enti ty provides abortion-inducing
drugs without first seeking certification under this act, the State
Board of Pharmacy shall:
a. immediately report the illegal act to loca l law
enforcement, or other applicable state and local
agencies for investigation or other appropriate
action, where appropriate ,
b. impose a fine of no less than Five Million Dollars
($5,000,000.00) for manufacturers or distributors and
Two Hundred Fifty Thousand Dollars ($250,000.00) for
physicians;
2. When a certified manufacturer or dist ributor or physician is
determined to be in non -compliance, suspend certification until
compliance is proven to the satis faction of the State Board of
Pharmacy;
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3. Where a current or previously certified m anufacturer or
distributer is found to have intent ionally or knowingly violated
this act, or refuses to bring operations into compliance within
ninety (90) calendar days, remove certification and prohibit
continued provision of abortion-inducing drugs by the manufacturer
or distributor until compliance is demonstrated to the satisfaction
of the State Board of Pharmacy;
4. When a certified manufacturer, distributor or physi cian is
in non-compliance, suspend all annual r ecertification until
compliance is demonstrated to the satisfaction of the State Board of
Pharmacy; and
5. Where a current or previously certified manufacturer,
distributer or physician is found to have inten tionally or knowingly
violated this act, or refuses to bring operations into complian ce:
a. immediately suspend the manufacturer’s, distributor’s
or physician’s certification until full compliance is
demonstrated,
b. for certified manufacturers or distribu tors, impose
fines of not less than One Million Dollars
($1,000,000.00) per offense,
c. for certified physicians, impose fines of not l ess
than One Hundred Thousand Dollars ($100,000.00) per
offense,
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d. permanently revoke the certification of the offender
if offender fails to demonstrate compliance wit hin
ninety (90) calendar days,
e. impose remedial actions, which may include additional
education, additional reporting or other actions as
required by the State Board of Pharmacy,
f. in the case of a licensed manufacturer or distributor,
recommend sanctioning to the appropriate disciplinary
committee of the State Board of Pharmacy,
g. in the case of a licensed physician, report the
violation to the appropriate medical licensing board ,
h. publicly report any di sciplinary actions, con sistent
with the practices of the State Board of Pharmacy,
i. permanently revoke the certification of the offen der,
j. in the case of a licensed manufacturer or distributor,
recommend permanent revocation of licensure ,
k. in the case of a licensed physician, recommend
appropriate sanctioning to the appropriate medical
licensing board, and
l. publicly report any dis ciplinary actions consistent
with the practices of the State Board of Pharmacy.
B. Individuals have a Private Right of Ac tion to seek
restitution in any court of law wi th appropriate jurisdiction for
any and all damages suffered due to a violation of this act.
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SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.13 of Title 63, unless
there is created a duplication in numbering, reads as fol lows:
A. The State Board of Pharmacy shall devel op on its website a
complaint portal for patients, pharmacy, nursing and medical
professionals and the public to submit information about potential
violations offered at no charge to the parties named in thi s
subsection.
B. The portal shall list the names of manufacturers and
distributors that are certif ied under the program, as well as the
physicians that are certified under the program.
C. The portal shall allow the party to make a complaint
anonymously.
D. The State Board of Pharmacy shall review each complaint and
determine a disposition including referral to another appropriate
state agency, within thirty (30) days.
E. Confidentiality of the originator o f the complaint shall be
protected at all times except for intra-state referrals for
investigation.
SECTION 14. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 1-757.14 of Title 63, unless
there is created a dup lication in numbering, reads as follow s:
A. Nothing in this act shall be construed as creating or
recognizing a right to abor tion.
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B. It is not the intention of this act to make lawful an
abortion that is otherwise unlawful.
C. Nothing in this act repeals, replaces or otherwise
invalidates existing federal or state laws, regulations or policies.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.15 of Title 63, unless
there is created a duplication in numbering, reads as f ollows:
The Legislature, by joint resolution, may appoint one or more of
its members, who sponso red or cosponsored this act in his or her
official capacity, to intervene a s a matter of right in any case in
which the constitutionality of this act is challenged.
SECTION 16. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-757.16 of Title 63, unless
there is created a dup lication in numbering, reads as follows:
If any one or more provisions, sections, sub sections, sentences,
clauses, phrases or words of this act or the application thereof to
any person or circumstance is found to be unconstitutional, the same
is hereby declared to be severable and th e balance of this act shall
remain effective notwithstand ing such unconstitutionality. The
Legislature hereby declares that it would have passed this ac t, and
each provision, section, subsection, sentence, clause, phrase or
word thereof, irrespective of th e fact that any one or more
provisions, sections, subsec tions, sentences, clauses, phrases or
words be declared unconstitutional.
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SECTION 17. AMENDATORY 59 O.S. 2011, Section 353.7, as
last amended by Section 4, Chapter 106, O.S.L. 2018 (59 O.S. Sup p.
2020, Section 353.7), is amended to read as follows:
Section 353.7. The State Board of Pharmacy shall have the power
and duty to:
1. Regulate the practice of pharmacy;
2. Regulate the sale and distributi on of drugs, medicines,
chemicals and poisons;
3. Regulate the dispensi ng of drugs and medicines in all places
where drugs and medicines are compounded and/or dispensed;
4. Examine and issue appropriate certificates of licensure as
Doctor of Pharmacy to all applicants whom the Board deems qualified
under the provisions of th e Oklahoma Pharmacy Act;
5. Issue licenses to manufacturers, repackagers, outsourcing
facilities, wholesale distributors, third -party logistics providers,
pharmacies, and other dispensers, medical gas suppliers, and medical
gas distributors;
6. Issue sterile compounding and drug supplier permits for
pharmacies at the fee set by the Board, with the expiration date of
such permits to coincide with the pharmacy license annual expiration
date;
7. Prescribe minimum standards with resp ect to floor space and
other physical characteristics of pharmacies and hospital drug rooms
as may be reasonably necessary for the maintenance of professional
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surroundings and for the protection of the safety and welfare of the
public, and to refuse the is suance of new or renewal licenses for
failure to comply with such standards. Minimum standards for
hospital drug rooms shall be consistent with the State Department of
Health, Hospital Standards, as defined i n OAC 310:667;
8. Authorize its inspectors, co mpliance officers, and duly
authorized representatives to enter and inspect any and all places ,
including premises, vehicles, equipment, contents and records, where
drugs, medicines, chemicals , or poisons are stored, sold, vended,
given away, compounded, d ispensed, manufactured, r epackaged or
transported;
9. Employ the number of inspectors and pharmacist compliance
officers necessary in the investigation of criminal activity or
preparation of administrative ac tions at an annual salary to be
fixed by the Board, and to authorize nec essary expenses. Any
inspector certified as a peace officer by the Council of Enforcement
Education and Training shall have statewide jurisdiction to perform
the duties authorized by this section. In addition, the inspectors
shall be considered peace off icers and shall have the same powers
and authority as that granted to peace officers. In addition, such
inspectors or pharmacist compliance officers shall have the
authority to take and copy records and the duty to confiscate all
drugs, medicines, chemica ls or poisons found to be stored, sold,
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vended, given away, compounded, dispensed or manufactured contrary
to the provisions of the Oklahoma Pharmacy Act;
10. Investigate complaints, subpoena witnesses and records,
initiate prosecution, and hold hearings;
11. Administer oaths in all manners pertaining to the affairs
of the Board and to take evidence and compel the attendance of
witnesses on questions pertaining to the enforcement of t he Oklahoma
Pharmacy Act;
12. Reprimand, place on probation, suspend, r evoke permanently
and levy fines not to exceed Three Thousand Dollars ($3,000.00) for
each count for which any person charged with violating the Oklahoma
Pharmacy Act or Oklahoma Board of Pharmacy administrative rules has
been convicted in Board hearings. The Board also may take other
disciplinary action. The Board may impose as part of any
disciplinary action the payment of costs expended by the Board for
any legal fees and costs , including, but not limited to, staff time,
salary and travel expense, witn ess fees and attorney fees. The
Board may also require additional continuing education , including
attendance at a live continuing education program, and may require
participation in a rehabilitation program for the impaired. The
Board may take such actio ns singly or in combination, as the nature
of the violation requires;
13. Adopt and establish rules of professional conduct
appropriate to the establishment and maintenance of a high standard
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of integrity and dignity in the profes sion of pharmacy. Such r ules
shall be subject to amendment or repeal by the Board as the need may
arise;
14. Make and publish rules such as may be necessary for
carrying out and enforcing the provisions of t he Oklahoma Pharmacy
Act, Oklahoma drug laws an d rules, federal drug law s and
regulations, and make such other rules as in its discretion may be
necessary to protect the health, safety , and welfare of the public;
15. Establish and collect appropriate fees for licenses,
permits, inspections , and services provided; and such fee s shall be
nonrefundable. Such fees shall be promulgated to implement the
provisions of the Oklahoma Pharmacy Act under the provisions of the
Administrative Procedures Act and the Oklahoma Abortion-Inducing
Drug Certification Prog ram Act;
16. Regulate:
a. personnel working in a pharmacy, such as interns and
supportive personnel, including technicians, and issue
pharmacy technician permits and intern licenses,
b. interns, preceptors an d training areas through which
the training of applicants occurs for licensure as a
pharmacist, and
c. such persons regarding all aspects relating to the
handling of drugs, medicines, chemicals , and poisons;
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17. Acquire by purchase, lease, gift, solicitat ion of gift or
by any other manner, and to main tain, use and operate or to contract
for the maintenance, use and operation of or lease of any and all
property of any kind, real, personal or mixed or any interest
therein unless otherwise provided by the Okl ahoma Pharmacy Act;
provided, all contracts for real property shall be subject to the
provisions of Section 63 of Title 74 of the Oklahoma Statutes;
18. Perform other such duties, exercise other such powers and
employ such personnel as the provisions and enforcement of the
Oklahoma Pharmacy Act may re quire; and
19. Approve pilot projects designed to utilize new or expanded
technology or processes and provide patients with better pharmacy
products or provide pharmacy services in a more safe and efficient
manner. Such approvals may include provisions g ranting exemptions
to any rule adopted by the Board.
SECTION 18. This act shall become effective November 1, 2021.
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Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives