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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3013 By: Crosswhite Hader and Olsen
AS INTRODUCED
An Act relating to abortion-inducing drugs; defining
terms; prohibiting trafficking of certain drugs;
providing for felony; providing exceptions; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 1-756.30 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. As used in this act:
1. "Abortion" means the use or prescription of any ins trument,
medicine, drug, or any other substance or device intentiona lly to
terminate the pregnancy of a female known to be pregnan t with an
intention other than to increase the probability of a live birth, to
preserve the life or health of the child after li ve birth, to remove
an ectopic pregnancy, or to remove a dead unborn child who died as
the result of a spontaneous miscar riage, accidental trauma, or a
criminal assault on the pregnant female or her unborn child;
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2. "Abortion-inducing drug" means a medicine, drug, or any
other substance prescribed or dispensed with the intent of inducing
an abortion. This includes off-label use of drugs known to
have abortion-inducing properties, which are prescribed specifically
with the intent of causing an abortion, such as misoprostol
(Cytotec) and methotrexate. This definition does not apply to drugs
that may be known to cause an abortion but which are prescribed for
other medical indications, such as chemotherapeutic agents or
diagnostic drugs, or for treatment of an ectopic pregnanc y;
3. "Trafficking" means the act of buying o r selling goods
illegally; and
4. "Unborn child" means the unborn offspring of human beings
from the moment of conception, through pregnancy , and until live
birth, including the human conceptus, z ygote, morula, blastocyst,
embryo, and fetus.
B. A person who knows or has reason to know that another person
intends to use an abortion-inducing drug to cause an unlawful
abortion and who knowingly or intentionally:
1. Delivers an abortion-inducing drug to that person;
2. Possesses an abortion-inducing drug with the intent to
deliver the abortion-inducing drug to that person; or
3. Offers or advertises an abortion -inducing drug for sale or
delivery to that person ,
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commits trafficking in an abortion-inducing drug and is guilty of a
felony upon conviction.
C. A person convicted of trafficking or attempting to traffic
abortion-inducing drugs shall be guilty of a felony punishable by a
fine not to exceed One Hundred Thousand Dollars ($100,000.00), or by
confinement in the custody of the Department of Corrections for a
term not to exceed ten (10) years, or by both such fine and
imprisonment.
D. This act does not apply to a pharmacist or a manufacturer or
distributor of drugs or surgical supplies who la wfully manufactures,
possesses, offers, sells , or distributes, in the usual course of
that entity's business or profession, any drug, medicine, or
instrument intended for any lawful medical purpose.
SECTION 2. This act shall become effective November 1, 2024.
59-2-8419 TJ 01/08/24