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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2088 By: Echols
AS INTRODUCED
An Act relating to abortion definition; amending 63
O.S. 2021, Section 1 -737.8, which relates to
definitions; clarifying terms; amending 63 O.S. 2021,
Section 1-756.2, which relates to definitions;
clarifying terms; amending 63 O.S. 2021, Section 1-
757.2, which relates to definitions; clarifying
terms; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -737.8, is
amended to read as follows:
Section 1-737.8 For the purposes of the Oklahoma Unborn Child
Protection from Dismemberment Abortion Act:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device:
a. to purposely kill the unborn child of a woman known to
be pregnant, or
b. to purposely terminate the pregnancy of a woman known
to be pregnant, with a purpose other tha n:
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(1) after viability to produce a live birth and
preserve the life and hea lth of the child born
alive, or
(2) to remove a dead unborn child , or
(3) pre-inducement due to a terminal fetus ;
2. "Attempt to perform an abortion " means to do or omit to do
anything that, under the circumstances as the actor believes them to
be, is an act or omission constitutin g a substantial step in a
course of conduct planned t o culminate in the actor performing an
abortion. Such substantial steps include, but are not limite d to:
a. agreeing with an individual to perform an abortion on
that individual or on some other person, whether or
not the term "abortion" is used in the agreement, and
whether or not the agreement is contingent on another
factor such as receipt of payment or a determination
of pregnancy, or
b. scheduling or planning a time to p erform an abortion
on an individual, whether or not the term "abortion"
is used, and whether or not the performance is
contingent on another factor such as receipt of
payment or a determination of pregnancy.
This definition shall not be construed to requir e that an abortion
procedure actually must be initiated for an attempt to occur;
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3. "Dismemberment abortion " means, with the purpose of causing
the death of an unborn child, purpose ly to dismember a living unborn
child and extract him or her one piece at a time from the uterus
through use of clamps, grasping forceps, tongs, scissors or similar
instruments that, through the co nvergence of two rigid levers,
slice, crush, and/or grasp a portion of the unborn child 's body to
cut or rip it off. This definition does not include an abortion
which uses suction to dismember the body of the deve loping unborn
child by sucking fetal part s into a collection container;
4. "Physician" means a person licensed to practice medicine and
surgery or osteopathic medicine and s urgery, or otherwise legally
authorized to perform an abortion;
5. "Purposely" means the following: A person acts purpose ly
with respect to a material element of an offense when:
a. if the element involves the nature of his or her
conduct or a result the reof, it is his or her
conscious objective to engage in conduct of that
nature or to cause such a result, and
b. if the element involves the attendant circumstances,
he or she is aware of the existence of such
circumstances or he or she believes or hopes t hat they
exist;
6. "Serious health risk to the unborn child 's mother" means
that in reasonable medical judgment she has a condition that so
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complicates her medical condition that it necessitates the abortion
of her pregnancy to avert her death or to avert serious risk of
substantial and irreversible physical impairment of a major bodil y
function, not including psychological o r emotional conditions. No
such condition may be determine d to exist if it is based on a claim
or diagnosis that the woman will enga ge in conduct which she inten ds
to result in her death or in substantial and irrev ersible physical
impairment of a major bo dily function; and
7. "Terminal fetus" means a fetus who has a genetic abnormality
and the fetus has no medical chance of survival p ost-delivery; and
8. "Woman" means a female human being whether or not she has
reached the age of majority.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -756.2, is
amended to read as follows:
Section 1-756.2 As used in this act:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug or any other substance or device intent ionally to
terminate the pregnancy of a female known to be preg nant with an
intention other than to increase the probability of a live birth, to
preserve the life or health of the child after live birth, to remove
an ectopic pregnancy or, to remove a dead unborn child who died as
the result of a spontaneous miscarriag e, accidental trauma or a
criminal assault on the pregnant female or her unborn child, or pre-
inducement of a terminal fetus;
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2. "Abortion-inducing drug" means a medicine, drug or any othe r
substance prescribed or dispensed with the intent of terminating 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 includes the off-label use of drugs known to
have abortion-inducing properties, which are prescribed specifically
with the intent of causing an abortion, such as mifepristone
(Mifeprex), misoprostol (Cytotec) and methotrexate. This definition
does not apply to drugs that may be known t o cause an abortion, but
which are prescribed for other medical 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 occur rence associated
with the use of a drug in humans, whether or not considered drug -
related. It does not include an adverse event or suspected adverse
reaction that, had it occurred in a more 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 th e performance of an abortion which
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includes, but is not limited to, uterine perforation, cervical
perforation, infection, heavy or uncontrolled bleeding, hemorrhage,
blood clots resulting in pulmonary embolism or dee p vein thrombosis,
failure to actually t erminate the pregnancy, incomplete abortion
(retained tissue), pelvic inflammatory disease, endometritis, missed
ectopic pregnancy, cardiac arrest, respiratory arrest, rena l
failure, metabolic disorder, shock, emboli sm, coma, placenta previa
in subsequent pregnancies, preterm delivery in subsequent
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 such as
depression, suicidal ideation, anxiety, sleeping disorders, death
and any other adverse event as defined by the Food and Drug
Administration criteria provided in the Medwat ch Reporting System;
6. "Gestational age" means the time that has elapsed since the
first day of the woman's last menstrual period, also known as "last
menstrual period" or "LMP";
7. "Hospital" means an institution providing medical and
surgical treatment and nursing care for sick or injured p eople, or
institutions defined under Section 1-701 of Title 63 of the Oklahoma
Statutes;
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8. "Physician" means any person licen sed to practice medicine
in this state. The term includes medical doctors and doctors of
osteopathy;
9. "Pregnant" or "pregnancy" means that female reproductive
condition of having an unborn child in the mother 's uterus;
10. "Provide" or "provision" means, when used regarding
abortion-inducing drugs, any act of giving, selling, dispensing,
administering, transferring possession t o or otherwise providing or
prescribing an abortion-inducing drug;
11. "Qualified physician" means a physician licensed in thi s
state who has the ability to:
a. identify and document a viable intrauterine pregnancy,
b. assess the gestational age of pregna ncy and to inform
the patient of gestational age-specific risks,
c. diagnose ectopic pregnancy,
d. determine blood type and adm inister RhoGAM if a woman
is Rh negative,
e. assess for signs of domestic abuse, reproduc tive
control, human trafficking and other signals of
coerced abortion,
f. provide surgical intervention or has entered into a
contract with another qualified physician to provide
surgical intervention, and
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g. supervise and bear legal responsibility for any agent,
employee or contractor who is pa rticipating in any
part of procedure including, but not limited to, pre-
procedure evaluation and care;
12. "Reasonable medical judgment" means a medical judgment that
would be made by a reasonably prudent physician knowledgeable about
the case and the tre atment possibilities with respect to the medical
conditions involved; and
13. "Terminal fetus" means a fetus who has a genetic
abnormality and the fetus has no medical chance of survival post -
delivery; and
14. "Unborn child" means an individual organism of the 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. AMENDATORY 63 O.S. 20 21, Section 1-757.2, is
amended to read as follows:
Section 1-757.2 As used in this act:
1. "Abortion" means the act of using or prescribing any
instrument, medicine, drug or an y other substance, device or mea ns
with the intent to terminat e the pregnancy of a woman known to be
pregnant, with knowledge that the termination by those means will
with reasonable likelihood cause the death of the unborn child.
Such use, prescription o r means is not an abortion if do ne with the
intent to:
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a. save the life or preserve the health of the unborn
child,
b. remove a dead unborn child caused by spontaneou s
abortion, accidental trauma or a criminal assault on
the pregnant woman or her unborn child,
c. remove an ectopic pregna ncy, or
d. treat a maternal disease or illness for which the
prescribed drug is indica ted, or
e. pre-induce due to a terminal fetus ;
2. "Abortion-inducing drug" means a medicine, drug or any other
substance prescribed or dispensed with the intent of terminatin g the
pregnancy of a woman known to b e pregnant, with knowledge tha t the
termination will with reasonable likelihood cause the death of the
unborn child. This includes th e off-label use of drugs known to
have abortion-inducing properties, which are prescr ibed specifically
with the intent of causing an abortion, such as m ifepristone
(Mifeprex), misoprostol (Cytotec) and methot rexate. This definition
does not apply to drugs that may be known to cause an abortion, but
which are prescribed for other medical i ndications, such as
chemotherapeutic agents and diagnostic drugs. The use of such drugs
to induce abortion is also known a s "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 occurrenc e associated
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with the use of a drug in humans, whether o r not considered drug-
related. It does not incl ude an adverse event or suspect ed adverse
reaction that, had it occurred in a more s evere form, might have
caused death;
4. "Associated physician" means a person fully licensed and in
good standing to practice medicine in the state including medical
doctors and doctors of osteopathy, who has entered into an
associated physician agreemen t;
5. "Complication" means any adverse physical or psychological
condition arising from the performance of an abortion which
includes, but is not limited to, uterine perfor ation, cervical
perforation, infection, heavy or uncontrolled bleeding, hemorrhage,
blood clots resulting in pulmonary emb olism or deep vein thrombosis,
failure to actually terminate the pregnancy, incomplete abortion
(retained tissue), pelvic inflammatory disease, endometritis, missed
ectopic pregnancy, cardiac arrest, respiratory arres t, renal
failure, metabolic disorder, s hock, embolism, coma, placenta previa
in subsequent pregnancies, preterm delivery in s ubsequent
pregnancies, free fluid in the abdomen , hemolytic reaction due to
the administration of ABO-incompatible blood or blood p roducts,
adverse reactions to anesthesi a and other drugs, subsequent
development of breast cancer, psychological complication s such as
depression, suicidal ideation, anxiety , sleeping disorders, death
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and any other adverse event as defined by the Food and Drug
Administration criteria provided i n the Medwatch Reporting Syste m;
6. "Gestational age" means the time that has elapsed since the
first day of the woman's last menstrual period, also known as "last
menstrual period" or "LMP";
7. "Hospital" means an institution providing medical and
surgical treatment and nursing care for sick or injured people, or
institutions defined und er Section 1-701 of Title 63 of the Oklahoma
Statutes;
8. "Manufacturers and distributors" means individuals or
entities that create, produce, supply, transport or sell drugs,
which include:
a. any substances recognized by an official pharmacopoeia
or formulary,
b. any substances intended for use in th e diagnosis,
cure, mitigation, treatment or prevention of disease,
c. any substances other than food intended to affect t he
structure or any function of the body, or
d. any substances intended for use as a co mponent of a
medicine but not a device or a com ponent, part or
accessory of a device;
9. "Obstetrician/gynecologist ", also known as OB/GYN, means a
licensed physician w ho specializes in the care of w omen during
pregnancy and childbirth and in the diagnosi s and treatment of
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diseases of the female repro ductive organs and specializes i n other
women's health issues such as menopa use, hormone problem s,
contraception or birth control, and infertility;
10. "Physician" means any person fully licensed by and in good
standing with the State Board of Medical Lic ensure and Supervision
or the State Board of Osteopathic Examiners 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 o f giving, selling, dispensing,
administering, transferring possession to or otherwise p roviding or
prescribing an abortion-inducing drug; and
13. "Terminal fetus" means a fetus who has a genetic
abnormality and the fetus has no medical chance of survival post -
delivery; and
14. "Unborn child" means an individual organism of the species
Homo sapiens, beginning at fertilization, until th e point of being
born-alive as defined in Title 1 U.S.C., Section 8(b).
SECTION 4. This act shall become effec tive November 1, 2023.
59-1-7169 TJ 01/18/23