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SENATE FLOOR VERSION
February 23, 2023
SENATE BILL NO. 538 By: Treat
An Act relating to childbirth; amending 63 O.S. 2021,
Section 1-740.16, which relates to definitions used
in the Choosing 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 additional reimbursable services;
extending time period of certain services; adding and
updating statutory references; amending 63 O.S. 2021,
Section 1-740.18, which relates to grant complian ce
and monitoring; conforming language; updating
statutory language; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, S ection 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 an y other substance or device to intentionally:
a. kill the unborn child of a woman known to be pregnant,
or
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b. terminate the pregnancy of a woman know n 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, o r
(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 and as a 501(c)3 entity under the federal
Internal Revenue Code, and
b. does not encourage or coun sel any woman to have an
abortion not necessary to prevent her death, to
provide her such an abortion or to refer her for such
an abortion, and does not acce pt funds or services
knowingly from any entity which performs abortions or
receives money for abort ions.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-740.17, is
amended to read as follows:
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Section 1-740.17. A. The State Department of Health s hall 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 gr ants 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 Department 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 a ssistance in
securing the services of re levant existing programs or agencies that
assist women in Oklahoma this state to carry their children to term,
and/or providing services that as sist women to carry their children
to term including, but not limited to, agencies and programs that
will provide:
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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, information and/or services that
encourage and assist them to carry their children to term; and
3. Providing services including, but not limited to, healthcare
services to mothers and infants up to three (3) years postpartum for
the purpose of reducing the rates of maternal mortality and infant
mortality in this state by three pe rcent (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, abort ion services.
B. D. To be eligible for a service grant, an organization
shall:
1. Be registered with the Oklahoma Secretary of State as a not-
for-profit corporation located in Oklahoma;
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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. the Department, if the grant was provided directly to
the private organization by the Depart ment;
3. For services described in paragraphs 1 and 2 of subsection A
C of this section, provide each pregnant w oman counseled with
accurate information on the develop mental 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 children to term and to maximize
their potentials thereafter as provided in paragraphs 1 and 2 of
subsection C of this section or to reduce the rat es 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 th e funds provided pursuant to the
Choosing Childbirth Act, nor any other funds or services provided by
the organization, are used to encourage or counsel a woman to have
an abortion not necessary to prevent her death, to 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:
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Section 1-740.18. The State Department of Health shall make
grants to a grant-supervising entity under the Choosi ng Childbirth
Act from funds appropriated by the Legislatu re specifically for this
purpose. The State Department of Health shall annually monitor and
review the any grant-supervising entity participating in the
Choosing Childbirth Act and any private organization directly
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 Choosin g Childbirth
Act, and it. The Department shall cease funding a grant-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 judicial r eview.
SECTION 4. This act shall become effective July 1, 202 3.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereb y
declared to exist, by reason whereof this act shall tak e effect and
be in full force from and after its passage and a pproval.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 23, 2023 - DO PASS