An Act
ENROLLED SENATE
BILL NO. 538 By: Treat and Bullard of the
Senate
and
Echols, Lepak, and Wolfley
of the House
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 amoun ts;
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 compliance
and monitoring; conforming language; updating
statutory language; providing an effective date; and
declaring an emergency.
SUBJECT: Childbirth
BE IT ENACTED BY THE PEOPLE 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 intentionally:
ENR. S. B. NO. 538 Page 2
a. kill the unborn child of a woman known to be preg nant,
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 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 refer her for such
an abortion, and does not accept funds or services
knowingly from any e ntity which performs abortions or
receives money for abortions.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -740.17, is
amended to read as follows:
Section 1-740.17. A. The State Department of Health 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.
ENR. S. B. NO. 538 Page 3
B. The purpose of the grants shall be to reimbu rse 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 both directly to the
private organizations and to one or mo re 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 relevan t 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
to term including, but not limited to, agencies and programs 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 in-person community outreach, and telecare, 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
health care services to mothers and infants up to three (3) years
ENR. S. B. NO. 538 Page 4
postpartum for the purpose of reducing the rate s of maternal
mortality 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 a ffiliates provide, abortion
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 this state;
2. Have the grant amount appr oved 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 Department ;
3. For services des cribed in paragraphs 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 this title;
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 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 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.
ENR. S. B. NO. 538 Page 5
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 specific ally 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 Choosing 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 review.
SECTION 4. This act shall become effective July 1, 202 4.
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 this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 538 Page 6
Passed the Senate the 29th day of May, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 24th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _______ __
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________