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ENGROSSED HOUSE
BILL NO. 3013 By: Crosswhite Hader, Olsen,
Talley, McDugle, and
Maynard of the House
and
Bullard of the Senate
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 Statutes 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 pre scription of any ins trument,
medicine, drug, or any other substance or device intentionally to
terminate the pregnancy of a female known to be pregnant 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
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the result of a spontaneous miscarriage, accidental trauma, or a
criminal assault on the pregnant female or her unborn child;
2. "Abortion-inducing drug" means a medicine, drug, o r any
other substance prescribed or dispense d 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 misop rostol (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 p regnancy or spontaneous
miscarriage;
3. "Preventive contraception" means any dru g, chemical,
biological product, or device used with the intent to prevent
pregnancy and that is used in accordance with manufacturer
instructions;
4. "Trafficking" means the act of buying , selling, or
delivering medicine, drugs, or any substance illegally; and
5. "Unborn child" means the unborn offspring of human beings
from the moment of conception, through pre gnancy, and until live
birth, including the human conceptus, z ygote, morula, blastocyst,
embryo, and fetus.
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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 know ingly or intentionally:
1. Delivers an abortion-inducing drug to that person; or
2. Possesses an abortion-inducing drug with the intent to
deliver the abortion-inducing drug to that person,
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 lawfully 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.
E. Nothing in this act may be construed to prohibit the use,
sale, prescription, or admi nistration of a preventive contraceptive
measure, drug, chemical, or device if the preventive contraceptive
measure, drug, chemical, or device is used, sold, prescrib ed, or
administered in accordance with manufacturer i nstructions.
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SECTION 2. This act shall become effective November 1, 2024.
Passed the House of Representatives the 14th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate