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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1809 By: Dahm
AS INTRODUCED
An Act relating to abortion; defining term s;
prohibiting chemical abortions under certain
circumstances; providing certain protections and
construction; making abortion drug manufacturer
responsible for certain disposal and mitigation;
providing penalties; 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 1-758 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Abortion drug” means any medicine, drug, or any other
substance, or any combination of drugs, medicines, or substances,
when it is used to intentionally:
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 :
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(1) to produce a live birth , or
(2) to remove a dead unbo rn child;
2. “Attempts to provide” means conduct that, under the
circumstances as the actor believes them to be, constitutes a
substantial step in a course of conduct planned t o culminate in a
chemical abortion;
3. “Catch kit” means a collection container designed to catch
and hold medical waste or infectious waste, often used for
collecting samples for testing ;
4. “Chemical abortion” refers to the use of an abortion drug to
intentionally:
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) to produce a live birth , or
(2) to remove a dead unborn child ;
5. “Health care provider” means any person licensed to
prescribe prescription drugs under applicable federal and state
laws;
6. “Medical waste bag”, also referred to as an “infectious
waste bag”, “health care waste bag”, or “biohazard waste bag”, means
a red biohazardous waste container made to contain medical or
biohazardous waste.
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a. Warning labels shall be affixed to the container
stating “BIOHAZARD” and depicting the biohazard symbol
recognized by the American National S tandards
Institute.
b. The container must either :
(1) be fluorescent orange or orange-red, with
lettering and symbols in a contrasting color , or
(2) include such required warning labels in
fluorescent orange or orange-red, with lettering
and symbols in a contra sting color;
7. “Provide” means to dispense or pr escribe an abortion drug,
or to otherwise make an abortion drug available to a patient; and
8. “Unborn child” means an individual organism of the species
homo sapiens, beginning at conception, until the point of being born
alive.
B. A health care provider shall not knowingly provide or
attempt to provide a chemical abortion , if such provision or attempt
is in or affects interstate commerce, without:
1. Physically examining the patient;
2. Being physically present at the location of the chemical
abortion;
3. Scheduling a follow-up visit for the patient to occur not
more than seven (7) days after the administration or use of the drug
to assess the patient ’s physical condition; or
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4. Providing a catch kit and medical waste bag, including
instructions for the patient to bring the catch kit and medical
waste bag to the health care provider for proper disposal .
C. A health care provider found in violation of subsection B of
this section shall, upon conviction , be fined not more than Ten
Thousand Dollars ($10,000.00) or imprisoned in the custody of the
Department of Corrections not more than three (3) years, or receive
both such fine and imprisonment.
D. 1. This section shall not apply to a chemical abortion that
is necessary to preserve the life of a mother whose life is
endangered by a physical disorder, physical illness, or physical
injury, including a life -endangering physical condition.
2. A patient upon whom an abortion is performed may not be
prosecuted for a violation of this section or a conspiracy to
violate this section.
3. Nothing in this section shall be construed to have any
impact on the treatment of a verified ectopic pregnancy.
E. The manufacturer of any abortion drug shall be responsible
for proper disposal of discarde d abortion drugs and mitigation of
the environmental effects of endocrine -disrupting chemical
byproducts of chemical abortion drugs entering public waste systems
due to the disposal of tainted human remains entering the wastewater
system as a result of at -home abortions. If endocrine-disrupting
chemicals from abortion drugs are found in wastewater, the
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manufacturer shall be responsible for cleanup, remediation, and
further preventative measures. A violation of this subsection shall
be punishable by a fine not more than Twenty Thousand Dollars
($20,000.00) per violation.
SECTION 2. This act shall become effective November 1, 2024.
59-2-3134 DC 1/17/2024 3:45:59 PM