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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 731 By: Dahm
AS INTRODUCED
An Act relating to abortion; amending Section 2,
Chapter 190, O.S.L. 2022 (63 O.S. Supp. 2022, Section
1-745.32) and Section 1, Chapter 321 , O.S.L. 2022 (63
O.S. Supp. 2022, Section 1 -745.51), which relate to
definitions; adding and modifying definitions of
abortion; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 2, Chapter 190, O.S.L.
2022 (63 O.S. Supp. 2022, Section 1 -745.32), is amended to read as
follows:
Section 1-745.32. As used in this act:
1. “Abortion” has the same meaning as provided by Section 1 -730
of this title;
2. “Fetal heartbeat” means cardiac activity or the steady and
repetitive rhythmic contractio n of the fetal heart within the
gestational sac;
2. 3. “Gestational age” means the amount of time that has
elapsed from the first day of a woman’s last menstrual period;
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3. 4. “Gestational sac” means the structure comprising the
extraembryonic membranes that e nvelop the unborn child and that is
typically visible by ultrasound after the fourth week of pregnancy;
4. 5. “Physician” means an individual licensed to practice
medicine in this state including a medical doctor and a doctor of
osteopathic medicine ;
5. 6. “Pregnancy” means the human female reprodu ctive condition
that:
a. begins with fertiliza tion,
b. occurs when the woman is carrying the developing human
offspring, and
c. is calculated from the first day of the woman’s last
menstrual period;
6. 7. “Standard medical practice” means the degree of skill,
care, and diligence that an obstetrician of ordinary judgment,
learning, and skill would employ in like circumstances;
7. 8. “Unborn child” means a human fetus or embryo in any stage
of gestation from fertilizatio n until birth; and
8. 9. “Woman” and “women” include any person whose biological
sex is female including any person with XX chromosomes and any
person with a uterus, regardless of any gender identit y that the
person attempts to assert or claim .
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SECTION 2. AMENDATORY Section 1, Chapter 321, O.S.L.
2022 (63 O.S. Supp. 2022, Section 1 -745.51), is amended to read as
follows:
Section 1-745.51. As used in this act:
1. “Abortion” means the act of using, prescribing,
administering, procuring, or selling of any instrument, medicine,
drug, or any other substance, device, or means with the purp ose to
terminate the pregnan cy of a woman, with knowledge that the
termination by any of those means will with reasonable likelihood
cause the death of an unborn child. It does not include the use,
prescription, administration, procuring, or selling of Pl an B,
morning-after pills, or any other type of contraception or emergency
contraception. An act is not an abortion if the act is performed
with the purpose to:
a. save the life or preserve the healt h of the unborn
child,
b. remove a dead unborn child cau sed by spontaneous
abortion, or
c. remove an ectopic pregnancy
has the same meaning as provided by S ection 1-730 of this title;
2. “Fertilization” means the fusion of a human spermatozoon
with a human ovum;
3. “Medical emergency” means a condition in whi ch an abortion
is necessary to preserve the life of a pregnant woman whose life is
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endangered by a physical disorder, physical illness, or physical
injury, including a life-endangering physical condition caused by or
arising from the pregnancy itself;
4. “Unborn child” means a human fetus or embryo in any stage of
gestation from fertilizatio n until birth; and
5. “Woman” and “women” include any person whose biological sex
is female, including any person with XX chromosomes and any person
with a uterus, regardless of any gender ident ity that the person
attempts to assert or claim.
SECTION 3. This act shall become effective November 1, 2023.
59-1-692 DC 1/18/2023 4:40:41 PM