| 40 | 58 | | |
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| 41 | 59 | | |
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| 42 | 60 | | |
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| 43 | 61 | | |
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| 44 | 62 | | |
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| 45 | 63 | | AS INTRODUCED |
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| 46 | 64 | | |
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| 47 | 65 | | An Act relating to abortion; creating the Oklahoma |
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| 48 | 66 | | Life is a Human Right Act; defining terms; |
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| 49 | 67 | | prohibiting the prescription or selli ng of medication |
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| 50 | 68 | | with the intent to cause an abortion; civil |
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| 51 | 69 | | liability; providing for a certain procedure ; |
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| 52 | 70 | | providing for informed consent from pare nts or |
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| 53 | 71 | | guardians for refusal of treatment; requiring |
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| 54 | 72 | | physician to record certain information; directing |
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| 55 | 73 | | the State Department of Health to create forms; |
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| 56 | 74 | | providing exception for accidental in jury or death; |
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| 57 | 75 | | providing for the use of contraceptive s as long as |
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| 58 | 76 | | the purpose is not abortion; prohibiting emergency |
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| 59 | 77 | | contraception; defining certain conduct as |
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| 60 | 78 | | unprofessional; requiring revocation of license or |
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| 61 | 79 | | certificate; allowing certain civil action; |
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| 62 | 80 | | authorizing Attorney General to bring enforcement |
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| 63 | 81 | | actions; providing for the right to intervene; |
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| 64 | 82 | | providing for severability; providing for |
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| 65 | 83 | | codification; and providing an effecti ve date. |
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| 66 | 84 | | |
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| 67 | 85 | | |
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| 68 | 86 | | |
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| 69 | 87 | | |
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| 70 | 88 | | |
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| 71 | 89 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 104 | 146 | | SECTION 2. NEW LAW A new section of law to be codified |
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| 105 | 147 | | in the Oklahoma Statutes as Section 1-758.2 of Title 63, unless |
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| 106 | 148 | | there is created a duplication in numbering, reads as follows: |
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| 107 | 149 | | As used in this section: |
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| 108 | 150 | | 1. "Abortion" means the act of using or prescribing any |
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| 109 | 151 | | instrument, medicine, drug, or any other substance , device, or means |
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| 110 | 152 | | with the intent to terminate the clinically diagnosable pregnancy of |
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| 111 | 153 | | a woman with knowledge that the termination by those means will, |
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| 112 | 154 | | with reasonable likelihood, cause the death of the unborn child. |
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| 113 | 155 | | Such use, prescription, or means is not an abortion if done with the |
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| 114 | 156 | | intent to: |
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| 115 | 157 | | a. save the life or preserve the health of the unborn |
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| 116 | 158 | | human being, |
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| 117 | 159 | | b. remove a dead unborn human being caused by |
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| 118 | 160 | | miscarriage, |
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| 119 | 161 | | c. remove an ectopic pregnancy, or |
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| 120 | 162 | | d. perform a pre-viability separation procedure when such |
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| 121 | 163 | | procedure is necessary to preserve the life of the |
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| 122 | 164 | | pregnant woman; |
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| 165 | + | 2. "Born alive" means the complete expulsion or extraction from |
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| 166 | + | the pregnant woman of a human infant, at any stage of development, |
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| 167 | + | who, after such expulsion or extraction, breathes, ha s a beating |
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| 168 | + | heart, or has definite movement of voluntar y muscles, regardless of |
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| 169 | + | whether the umbilical cord has been cut and regardless of whether |
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| 150 | | - | 2. "Born alive" means the complete expulsion or extraction from |
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| 151 | | - | the pregnant woman of a human infant, at any stage of development, |
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| 152 | | - | who, after such expulsion or extraction, breathes, ha s a beating |
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| 153 | | - | heart, or has definite movement of voluntar y muscles, regardless of |
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| 154 | | - | whether the umbilical cord has been cut and regardless of whether |
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| 155 | 221 | | the expulsion or extraction occurs as a result of natural or induced |
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| 156 | 222 | | labor, Cesarean section, pre -viability separation procedure, or |
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| 157 | 223 | | other method; |
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| 158 | 224 | | 3. "Conception" means t he fusion of a human spermatozoon with a |
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| 159 | 225 | | human ovum; |
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| 160 | 226 | | 4. "Department" means the State Department of Health; |
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| 161 | 227 | | 5. "Ectopic pregnan cy" means the state of carrying an unborn |
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| 162 | 228 | | human being outside of the uterine cavity; |
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| 163 | 229 | | 6. "Health care provider" means any indivi dual who may be asked |
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| 164 | 230 | | to participate in any way in a health care service or proce dure, |
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| 165 | 231 | | including, but not limited to, the following: a physician, |
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| 166 | 232 | | physician's assistant, nurse , nurse's aide, medical assistant, |
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| 167 | 233 | | hospital employee, medical facility employee, or medical clinic |
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| 168 | 234 | | employee; |
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| 169 | 235 | | 7. "Gestational age" or "probable gestation age" means the ag e |
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| 170 | 236 | | of an unborn human being as calculated from the first day of the |
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| 171 | 237 | | last menstrual period of the pregnant woman; |
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| 172 | 238 | | 8. "Miscarriage" means a spontaneous loss of embry o or fetal |
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| 173 | 239 | | life; |
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| 206 | 296 | | condition that the woman is either currently suffering or likely to |
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| 207 | 297 | | suffer during the pregnancy. In making this determinatio n, absolute |
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| 208 | 298 | | certainty is not required; however, a mere po ssibility or |
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| 209 | 299 | | speculation shall be insufficient; |
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| 210 | 300 | | 10. "Pregnant" means the human female reproductive condition of |
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| 211 | 301 | | having a living unborn human being within he r body throughout every |
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| 212 | 302 | | stage of the unborn hu man being's life and development, from |
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| 213 | 303 | | fertilization to full gestation and childbirth ; |
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| 214 | 304 | | 11. "Unborn child" or "unborn human being" means an individual |
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| 215 | 305 | | living member of the species Homo sapien from conceptio n to full |
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| 216 | 306 | | gestation and childbirth; |
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| 217 | 307 | | 12. "Pre-viability" means before that stage of fetal |
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| 218 | 308 | | development when, in the reasonable medical judgment of the |
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| 219 | 309 | | physician based on t he particular facts of the case before him or |
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| 220 | 310 | | her and in light of the most advanced medical technology and |
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| 221 | 311 | | information available to him or her, there is a reasonable |
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| 222 | 312 | | likelihood of sustained survival of the unborn human being outside |
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| 223 | 313 | | the body of his or her mother, with or without artificial support; |
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| 257 | 371 | | 15. "Woman" means any person whose biological sex is female |
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| 258 | 372 | | based upon the person's genetics and reproductive anatomy. |
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| 259 | 373 | | SECTION 3. NEW LAW A new sec tion of law to be codified |
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| 260 | 374 | | in the Oklahoma Statutes as Section 1-758.3 of Title 63, unless |
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| 261 | 375 | | there is created a duplication in numbering, reads as follows: |
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| 262 | 376 | | A. No person may knowingly administer to, prescr ibe for, or |
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| 263 | 377 | | sell to any pregnant woman any medici ne, drug, or other substance |
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| 264 | 378 | | with the specific int ent of causing or abetting an abortion. |
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| 265 | 379 | | B. No person may knowingly use or employ any instrument, |
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| 266 | 380 | | device, means, or procedure upon a pregnant woman with the specific |
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| 267 | 381 | | intent of causing or abetting an abor tion. |
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| 268 | 382 | | SECTION 4. NEW LAW A new section of law to be codified |
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| 269 | 383 | | in the Oklahoma Statutes as Section 1-758.4 of Title 63, unless |
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| 270 | 384 | | there is created a duplication in numbering, reads as follows : |
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| 271 | 385 | | A. When performing a pre-viability separation procedure as |
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| 272 | 386 | | permitted under this act, the physician shall make re asonable |
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| 273 | 387 | | medical efforts under the circumstances to pre serve both the life of |
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| 307 | 445 | | diligent and conscientious health care provider would render to any |
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| 308 | 446 | | other child born alive at the same gestational age. |
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| 309 | 447 | | C. The requirements of this section shall not be construed to |
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| 310 | 448 | | prevent a child's parents or guardia n from refusing to give consent |
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| 311 | 449 | | to medical treatment or surgical care which is no t medically |
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| 312 | 450 | | necessary or reasonable, including care or treatment which: |
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| 313 | 451 | | 1. Is not necessary to save the life of the child; |
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| 314 | 452 | | 2. Has a potential risk to the child's life or health that |
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| 315 | 453 | | outweighs the potential benefit to the child with the treatment or |
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| 316 | 454 | | care; or |
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| 317 | 455 | | 3. Will do no more than temporarily prolong the act of dying |
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| 318 | 456 | | when death is imminent. |
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| 319 | 457 | | SECTION 5. NEW LAW A new secti on of law to be codified |
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| 320 | 458 | | in the Oklahoma Statutes as Section 1-758.5 of Title 63, unless |
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| 321 | 459 | | there is created a duplication in numbering, reads as follows: |
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| 322 | 460 | | A. In every case in whic h a physician performs a pre-viability |
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| 323 | 461 | | separation procedure as permitted under this act, the physician |
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| 324 | 462 | | shall, within fifteen (15) days, cause to be filed with the State |
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| 358 | 520 | | 2. Date the pre-viability separation procedure was performe d; |
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| 359 | 521 | | 3. The probable gestational age of the unborn human being and |
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| 360 | 522 | | the method used to calculate gestational age; |
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| 361 | 523 | | 4. A statement declaring that the pre-viability separation |
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| 362 | 524 | | procedure was necessary to p reserve the life of the pregnant woman; |
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| 363 | 525 | | and |
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| 364 | 526 | | 5. Specific medical indications supporting the determination |
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| 365 | 527 | | that pre-viability separation procedure was necessary to preserve |
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| 366 | 528 | | the life of the pregnant woman. |
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| 367 | 529 | | B. The physician shall sign the form as his or her attestation |
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| 368 | 530 | | under oath that the information stated thereon is true and correct |
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| 369 | 531 | | to the best of his or her knowledge. |
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| 370 | 532 | | SECTION 6. NEW LAW A new section of law to be codified |
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| 371 | 533 | | in the Oklahoma Statutes as Section 1-758.6 of Title 63, unless |
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| 372 | 534 | | there is created a duplication in numbering, reads as follows: |
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| 373 | 535 | | A. The State Department of Health shall create the forms |
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| 374 | 536 | | required by this act within thirty (30) days after the effective |
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| 375 | 537 | | date of this act. No provision of this act requiring the reporting |
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| 409 | 595 | | the reporting requirements of thi s act. It shall create this system |
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| 410 | 596 | | within thirty (30) days after the effective date of this act. |
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| 411 | 597 | | C. Unless required by a court order, t he Department shall not |
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| 412 | 598 | | release personally identifiable patient or physician information |
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| 413 | 599 | | obtained under this act. |
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| 414 | 600 | | SECTION 7. NEW LAW A new section of law to be cod ified |
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| 415 | 601 | | in the Oklahoma Statutes as Section 1-758.7 of Title 63, unless |
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| 416 | 602 | | there is created a duplication in numberin g, reads as follows: |
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| 417 | 603 | | A. Medical treatment provided to the pregnant woman by a |
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| 418 | 604 | | physician which results in the accidental or unintentional injury to |
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| 419 | 605 | | or the death of her unborn child is not a violation of Section 3 of |
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| 420 | 606 | | this act. |
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| 421 | 607 | | B. Nothing in this act may be construed to prohibit the use, |
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| 422 | 608 | | sale, prescription, or admi nistration of a contraceptive measure, |
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| 423 | 609 | | drug, chemical, or device if the contraceptive measure, drug, |
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| 424 | 610 | | chemical, or device is used, sold, prescribed, or administered in |
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| 425 | 611 | | accordance with manufacturer i nstructions and is not used, sold, |
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| 426 | 612 | | prescribed, or administered with the spec ific intent to cause or |
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| 459 | 669 | | A. A physician who intentionally or knowingly violates the |
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| 460 | 670 | | prohibition in Section 3 of this act commits an act of |
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| 461 | 671 | | unprofessional conduct and his or her licen se to practice medicine |
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| 462 | 672 | | in Oklahoma shall be suspended or revoked for a minimum of one (1) |
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| 463 | 673 | | year pursuant to Title 435 of the Oklahoma Administrative Code. |
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| 464 | 674 | | B. In addition to whatever rem edies are available under the |
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| 465 | 675 | | common or statutory law of this state, f ailure to comply with the |
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| 466 | 676 | | requirements of this act shall provide a basis for a civil |
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| 467 | 677 | | malpractice action for actual and punitive damages. |
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| 468 | 678 | | C. No civil penalty may be assessed against a pregnant woman. |
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| 469 | 679 | | SECTION 9. NEW LAW A new section of law to be codified |
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| 470 | 680 | | in the Oklahoma Statutes as Section 1-758.9 of Title 63, unless |
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| 471 | 681 | | there is created a duplication in numbering, reads as follows: |
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| 472 | 682 | | The Oklahoma Attorney General shall have author ity to bring an |
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| 473 | 683 | | action in law or equity to enforce the provisions of this act on |
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| 474 | 684 | | behalf of the State Commissioner of Health. |
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| 475 | 685 | | SECTION 10. NEW LAW A new section of law to be codified |
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| 476 | 686 | | in the Oklahoma Statutes a s Section 1-758.10 of Title 63, unless |
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| 477 | 687 | | there is created a duplication in numbering, reads as follows: |
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| 510 | 744 | | SECTION 11. NEW LAW A new sectio n of law to be codified |
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| 511 | 745 | | in the Oklahoma Statutes as Section 1-758.11 of Title 63, unless |
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| 512 | 746 | | there is created a duplication in numbering, r eads as follows: |
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| 513 | 747 | | It is the intent of the Oklahoma Legislature that ever y |
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| 514 | 748 | | provision of this act shall operate with equal f orce and shall be |
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| 515 | 749 | | severable one from the other and that, in the event that any |
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| 516 | 750 | | provision of this act shall be held invalid or unenforceable by a |
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| 517 | 751 | | court of competent jurisdiction, said p rovision shall be deem ed |
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| 518 | 752 | | severable and the remaining provisions of this act deemed fully |
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| 519 | 753 | | enforceable. |
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| 520 | 754 | | SECTION 12. This act shall become effective November 1, 2024. |
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| 521 | 755 | | |
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