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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislatur e (2024)
HOUSE BILL 3955 By: Blancett and Roe
AS INTRODUCED
An Act relating to childbirth and mental health;
amending 63 O.S. 2021, Section 1 -740.16, which
relates to definitions used in the Choo sing
Childbirth Act; modifying definition ; amending 63
O.S. 2021, Section 1 -740.17, which relates to grants
to private organizations for services ; modifying
grantmaking authority of the State Department of
Health; describing methods of making grants and
approving grant amounts; stipulating a dditional
reimbursable services; extending time period of
certain services; including the State Department of
Mental Health and Substance Abuse S ervices; amending
63 O.S. 2021, Section 1-740.18, which relates to
grant compliance and monitoring; conforming language;
providing an effective date ; and declaring an
emergency.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -740.16, is
amended to read as follows:
Section 1-740.16 As used in the Choosing Childbirth Act:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug or any other substance or device to intenti onally:
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a. kill the unborn child of a woman known to be pregnant,
or
b. terminate the pregnancy of a woman known to be
pregnant, with an intention other than:
(1) after viability of the unborn child, to produce a
live birth and preserve the life and health of
the child born alive , or
(2) to remove a dead unborn child;
2. "Unborn child" means an individual organism of the species
Homo sapiens from fertilization until birth; and
3. "Grant-supervising entity" means a private entity which
approves all grants made under the Choosing Childbirth Act that are
not directly made to private organizations by the State Department
of Health for reimbursement of services provided under the Choosing
Childbirth Act and which:
a. is organized as a not-for-profit corporation in
Oklahoma this state and as a 501(c)3 entity under the
federal Internal Revenue Code, and
b. does not encourage or counsel any woman to have an
abortion not necessary to prevent her death, to
provide her such an abortion or to r efer her for such
an abortion, and does not accept funds or services
knowingly from any entity which performs abortions or
receives money for abortions.
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SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -740.17, is
amended to read as follo ws:
Section 1-740.17 A. The State Department of Health and the
Oklahoma Department of Mental Health and Substance Abuse Services
shall make grants, as directed in subsection B of this section, from
funds appropriated by the Legislature specifically for this purpose,
to a grant-supervising entity for the purpose of reimbursing for the
Choosing Childbirth Act.
B. The purpose of the grants shall be to reimburse private
organizations in Oklahoma this state for the reasonable expenses of
programs providing the following services listed in subsection C of
this section. The Depar tments shall make grants either:
1. Directly to the private organizations;
2. To one or more grant -supervising entities, who shall
reimburse the private organizations; or
3. Both directly to the private organizations and to one or
more grant-supervising entities, who shall reimburse the private
organizations.
C. Reimbursable services provided under the Choosing Childbirth
Act shall include:
1. Providing information on, referral to and assistance in
securing the services of relevant existing programs or agencies that
assist women in Oklahoma this state to carry their children to term,
and/or providing services that assist women to carry their children
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to term including, but not limited to, agencies and pr ograms that
will provide:
a. medical attention for the pregnant woman for the
duration of her pregnancy including, but not limited
to, obstetric ultrasounds,
b. mental health and substance abuse services,
c. nutritional support services,
d. housing assistance,
e. transportation assistance,
f. adoption services,
g. education and employment assistance , and
h. parenting education and support services;
2. Providing women in Oklahoma this state, in person and
through community outreach, informa tion and/or services that
encourage and assist them to carry their children to term; and
3. Providing services including, but not limited to, healthcar e
services to mothers and infants up to three (3) years postpartum for
the purpose of reducing the rates of maternal mort ality and infant
mortality in this state by three percent (3%) within five (5) years
of the effective date of this act not later than July 1, 2026;
provided, however, no funds shall be provided to an organization
that provides, or whose affiliates provide, abortion services.
B. D. To be eligible for a service grant, an organization
shall:
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1. Be registered with the Oklahoma Secretary of State as a not-
for-profit corporation located in Oklahoma or be a certified
treatment provider by the Oklahoma Department of Mental Health and
Substance Abuse Services.;
2. Have the grant amount approved by a:
a. the grant-supervising entity, if the grant was
provided to the private organization by a grant -
supervising entity, or
b. if the grant was provided directly, by the State
Department of Health or the Oklahoma Depart ment of
Mental Health and Substance Abuse Services ;
3. For services described in p aragraphs 1 and 2 of subsection A
C of this section, provide each pregnant woman counseled with
accurate information on the developmental characteristics of unborn
children including offering the printed information described in
Section 1-738.3 of Title 63 of the Oklahoma Statutes;
4. Assure that the grant 's sole purposes are to assist and
encourage women to carry their child ren to term and to maximize
their potentials there after as provided in paragraphs 1 and 2 of
subsection C of this section or to reduce the rates of maternal
mortality and infant mortality in this state as provided in
paragraph 3 of subsection A C of this section; and
5. Assure that none of the funds prov ided pursuant to the
Choosing Childbirth Act, nor any other funds or services provi ded by
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the organization, are used to encourage or counsel a woman to have
an abortion not necessary to prevent her death, t o provide her such
an abortion or to refer her for such an abortion.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -740.18, is
amended to read as follows:
Section 1-740.18 The State Department of Health shall make
grants to a grant-supervising entity under the Choosing Childbirth
Act from funds appropriated by the Legislature specifically for this
purpose. The State Department of He alth shall annually monitor and
review the any grant-supervising entity participating in the
Choosing Childbirth act and any private organization dire ctly
receiving a service grant from the Department to assure ensure that
the grant-supervising entity or private organization carefully
adheres to the purposes and requirements of the Cho osing Childbirth
Act, and it. The Department shall cease funding a g rant-supervising
entity or private organization that fails to do so adhere to such
purposes and requirements if the Department proves specific findings
of noncompliance, subject to judicia l review.
SECTION 4. This act shall become effectiv e July 1, 2024.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
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be in full force from and aft er its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 02/15/2024 -
DO PASS, As Coauthored.