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SENATE FLOOR VERSION
February 9, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 834 By: Daniels
An Act relating to abortion; amending 21 O.S. 2021,
Section 861, which relates to crimes and punishments;
adding and modifying circumstances under which
certain acts are not criminal offenses; listing
additional acts that are not cri minal offenses;
requiring certain reporting of abortion; defining
terms; amending 59 O.S. 2021, Section s 509 and 637,
which relate to unprofessional conduct by physicia ns;
modifying and adding certain exceptions; requiring
certain reporting of abortion; defining terms;
amending 63 O.S. 2021, Section 1 -731.3, which relates
to abortion; modifying and adding certain exceptions;
requiring certain reporting of abortion; defining
terms; amending Section 1, Chapter 11, O.S.L. 2022
(63 O.S. Supp. 2022, Section 1-731.4), which relates
to abortion; adding and modifying definitions;
clarifying applicability of certain provisi on; adding
and modifying exceptions to certain prohibition ;
removing duplicative language; requiring certain
reporting of abortion; amending 63 O.S. 2021, Section
1-732, which relates to abortion; modifying and
adding certain exceptions; removing duplicative
language; modifying applicability of certain
provisions; making language gender neutral; requiring
certain reporting of abortion; defining terms;
amending 63 O.S. 2021, Section 1 -745.2, which relates
to definitions used in the Pain-Capable Unborn Child
Protection Act; modifying definitions; amending 63
O.S. 2021, Section 1-745.4, which relates to a bortion
requirements; modifying applicability of certain
provision; modifying and adding certain exceptions;
requiring certain reporting of abortion; amending 63
O.S. 2021, Section 1-745.5, which relates to
abortion; modifying applicability of certain
provision; amending Section 2, Chapter 190, O.S.L.
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2022 (63 O.S. Supp. 2022, Section 1-745.32), which
relates to definitions used in the Oklahoma Heartbeat
Act; updating statutory reference; defining terms;
amending Section 3, Chapter 190, O.S.L. 2022 (63 O .S.
Supp. 2022, Section 1-745.33), which relates to
determining presence of fetal heartbeat; clarifying
applicability of certain provisi on; adding and
updating statutory refer ences; amending Section 4,
Chapter 190, O.S.L. 2022 (63 O.S. Supp. 2022, Section
1-745.34), which relates to abortion prohibition if
heartbeat detected; clarifying applicability of
certain provision; adding and updating statutory
references; amending Section 5, Chapter 190, O.S.L.
2022 (63 O.S. Supp. 2022, Section 1-745.35), which
relates to medical emergency; modifying exception;
updating statutory references; adding certain
exception; requiring certain reporting of abortion;
amending Section 1, Chapter 321, O.S.L. 2022 (63 O.S.
Supp. 2022, Section 1-745.51), which relates to
definitions; adding and modifying definitions;
amending Section 2, Chapter 3 21, O.S.L. 2022 (63 O.S.
Supp. 2022, Section 1-745.52), which relates to
abortion prohibition; clarifying applicability of
certain provision; modifying exceptions; updating
statutory references; requiring certain reporting of
abortion; requiring abortion performed under certain
exceptions to be reported to State Department of
Health on certain form; restricting type of
information requested; requiring abortion provider to
state proper exception and include other required
information; requiring Department to compile reported
information into annual statistical report ; directing
certain publication and submission of report;
requiring promulgati on of certain rules; repealing 63
O.S. 2021, Sections 1-733 and 1-745.6, which relate
to abortion; updating statutory language; providing
for codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 861, is
amended to read as follows:
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Section 861. A. Every person who administers to any woman, or
who prescribes for any woman, or advises or procures an y woman to
take any medicine, drug or substance, or uses or employs any
instrument, or other means wh atever, with intent thereby to procure
the miscarriage of such woman an abortion, unless the same:
1. The abortion is necessary to preserve her life due to a
medical emergency as defined in subsection D of this section; or
2. The pregnancy is the result of:
a. rape or sexual assault that has been reported to law
enforcement, or
b. incest of a minor that has been reported to law
enforcement,
shall be guilty of a fe lony punishable by impriso nment in the State
Penitentiary for not less than two (2) years nor more than five (5)
years.
B. 1. The use, prescription, administration, procuring, or
selling of any type of contraception shall not be a violation of
subsection A of this section if the contraception is administered
before the time when a pregnancy coul d be determined through
conventional medical testing .
2. An act related to in vitro fertilization or otherwise
related to the diagnosis or treatment of infertility or the
preservation of fertility by a licensed healthcare provider acting
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lawfully and within the scope of his or her practice shall not be a
violation of subsection A of this section.
3. An act is not a violation of subsection A of this section if
performed with the purpose to:
a. save the life or preserve the health of the unborn
child,
b. remove a dead unborn child whose death was caused by
miscarriage or spontaneous abortion, or
c. remove an ectopic pregnancy.
C. Any abortion performed or induced under an exception
provided by subsection A of this section or performed or induced to
remove an ectopic pregnancy shall be reported by the abortion
provider to the State Department of Health in accordance with
Section 18 of this act.
D. As used in this section:
1. “Medical emergency” means a condition that, in reasonable
medical judgment:
a. cannot be remedied by delivery of the child , and
b. so complicates the medical c ondition of the preg nant
woman as to necessitate the immediate abortion of her
pregnancy to avert her death or for which a delay w ill
create serious risk of substantial and irrever sible
physical impairment of a major b odily function, not
including psychological or emotional c onditions. A
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condition is not a medical e mergency if it is based o n
a claim, diagnosis, or determination that the woman
may engage in conduct which she intends to result in
her death or in the subs tantial and irreversible
physical impairment of a major bo dily function; and
2. “Reasonable medical judgment ” means a medical judgment that
would be made by a reasonab ly prudent physician who is knowledgeable
about the case and the treatment possibilities with respect to the
medical conditions involved .
SECTION 2. AMENDATORY 59 O.S. 2021, Section 509, is
amended to read as follows:
Section 509. The words “unprofessional conduct” as used in
Sections 481 through 518.1 of this title are hereby declared to
include, but shall not be limited to, the following:
1. Procuring, aiding or abetting a criminal operation;
2. The obtaining of any fee or off ering to accept any fee,
present or other form of remuneration whatsoever, on the assurance
or promise that a manifestly incurable disease can or will be cured;
3. Willfully betraying a professional secret to the detriment
of the patient;
4. Habitual intemperance or the habitual use of habit-forming
drugs;
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5. Conviction or confession of, or plea of guilty, nolo
contendere, no contest or Alford plea to a felony or any offense
involving moral turpitude;
6. All advertising of medical business in which stat ements are
made which are grossly untrue or impro bable and calculated to
mislead the public;
7. Conviction or confession of, or plea of guilty, nolo
contendere, no contest or Alford plea to a crime involving v iolation
of:
a. the antinarcotic or prohibitio n laws and regulations
of the federal government,
b. the laws of this state,
c. State Commissioner of Health rules, or
d. a determination by a judge or jury;
8. Dishonorable or immoral conduct which is likely to deceive,
defraud, or harm the public;
9. The commission of any act which is a violation of the
criminal laws of any state when such act is connected with the
physician’s practice of medicine. A complaint, indictment or
confession of a criminal violati on shall not be necessary for the
enforcement of this provision. Proof of the commission of th e act
while in the practice of medicine or under the guise of the practice
of medicine shall be unprofessional conduct;
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10. Failure to keep complete and accurat e records of purchase
and disposal of controll ed drugs or of narcotic drugs;
11. The writing of false or fictitious prescriptions for any
drugs or narcotics declared by the laws of this state to be
controlled or narcotic drugs;
12. Prescribing or adminis tering a drug or treatment without
sufficient examination and the establishment of a valid phys ician-
patient relationship and not prescribing in a safe, medically
accepted manner;
13. The violation, or attempted violation, direct or indirect,
of any of the provisions of the Oklahoma Allopathic Medica l and
Surgical Licensure and Supervision Act, eit her as a principal,
accessory or accomplice;
14. Aiding or abetting, directly or indirectly, the practice of
medicine by any person not duly authorized under th e laws of this
state;
15. The inability to pr actice medicine with reasonable skill
and safety to patients by reason of age, illness, drunkenness,
excessive use of drugs, narcotics, chemicals, or any other type of
material or as a result of any mental or p hysical condition. In
enforcing this section the State Board of Medical Licensure and
Supervision may, upon probable cause, request a physician to submit
to a mental or physical examination by physicians designated by it.
If the physician refuses to subm it to the examination, the Board
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shall issue an order requiring the physician to show cause why the
physician will not submit to the examination and shall schedule a
hearing on the order within thirty (30) days after notice is served
on the physician, excl usive of the day of service. The physician
shall be notified by either personal service or by certified mail
with return receipt requested. At the hearing, the physician and
the physician’s attorney are entitled to present any testimony and
other evidence to show why the physician should not be requ ired to
submit to the examination. After a compl ete hearing, the Board
shall issue an order either requiring the physician to submit to the
examination or withdrawing the request for examination. The medical
license of a physician ordered to submit for e xamination may be
suspended until the results of the examination are received and
reviewed by the Board;
16. a. Prescribing, dispensing or administering of controlled
substances or narcotic drugs in excess of t he amount
considered good medical practice,
b. Prescribing, dispensing or administering control led
substances or narcotic drugs without medical need in
accordance with pertinent licensing board standards,
or
c. Prescribing, dispensing or administering opio id drugs
in excess of the maximum limits autho rized in Section
2-309I of Title 63 of the Oklaho ma Statutes;
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17. Engaging in physical conduct with a patient which is sexual
in nature, or in any verbal behavior which is seductive or sexually
demeaning to a patient;
18. Failure to maintain an office re cord for each patient which
accurately reflects t he evaluation, treatment, and medical necessity
of treatment of the patient;
19. Failure to provide necessary ongoing medical treatment when
a doctor-patient relationship has been established, which
relationship can be severed by either party providing a reasonable
period of time is granted;
20. a. Performance of an abortion as defined by Section 1 -730
of Title 63 of the Oklahoma Statutes, except for an
abortion necessary to prevent the death of the mother
or to prevent substantial or irreversible physi cal
impairment of the mother that substantially increases
the risk of death. The performance of an abortion on
the basis of the mental or emotional health of the
mother shall be a violation of this paragraph,
notwithstanding a claim or diagnosis that the woman
may engage in conduct which she intends to result in
her death, unless:
(1) the abortion is necessary due to a medical
emergency as defined in subparagraph d of this
paragraph, or
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(2) the pregnancy is the result of:
(a) rape or sexual assault that ha s been
reported to law enforcement, or
(b) incest of a minor that has been reported to
law enforcement.
b. The Board shall impose a penalty as provided in
Section 509.1 of this title on a licensee who violates
this paragraph. The penalty shall include, bu t not be
limited to, suspension of the license for a period of
not less than one (1) year .
c. Any abortion performed or induced under an exception
provided by subparagraph a of this paragraph or
performed or induced to remove an ectopic pregnancy
shall be reported by the physician to the State
Department of Health in accordance with Section 18 of
this act.
d. As used in this paragraph:
(1) “abortion” means the act of using, prescribing,
administering, procuring, or selling of any
instrument, medicine, drug, or any other
substance, device, or means with the purpose to
terminate the pregnancy of a wom an, with
knowledge that the termination by any of those
means will with reasonable likelihood cause the
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death of an unborn child. It does not include
the use, prescription, administration, procuring,
or selling of any type of contraception if the
contraception is administered before the time
when a pregnancy could be determined through
conventional medical testing . It does not
include any act related to in vitro fertilization
or otherwise related to the diagnosis or
treatment of infertility or the preservation of
fertility by a licensed healthcare provider
acting lawfully and within the scope of his or
her practice. An act is not an abortion if the
act is performed with the purpose to:
(a) save the life or preserve the h ealth of the
unborn child,
(b) remove a dead unborn child whose death was
caused by miscarriage or spontaneous
abortion, or
(c) remove an ectopic pregnancy,
(2) “medical emergency” means a condition that, in
reasonable medical judgment :
(a) cannot be remedied by delivery of the child ,
and
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(b) so complicates the medical c ondition of the
pregnant woman as to neces sitate the
immediate abortion of her pregna ncy to avert
her death or for which a delay wi ll create
serious risk of substantial and irreversible
physical impairment of a major b odily
function, not including psycholo gical or
emotional conditions. A conditio n is not a
medical emergency if it is based on a claim,
diagnosis, or determination that the woman
may engage in conduct which she intends to
result in her death or in the subs tantial
and irreversible physical impa irment of a
major bodily function, and
(3) “reasonable medical judgment ” means a medical
judgment that would be made by a reasonably
prudent physician who is knowledgeable about the
case and the treatment possibilities with respect
to the medical conditions involved ; or
21. Failure to provide a p roper and safe medical facility
setting and qualified assistive personnel for a recognized medical
act, including but not limited to an initial in -person patient
examination, office surgery, diagnostic service or any other medical
procedure or treatment. Adequate medical records to support
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diagnosis, procedure, treatment or prescribed medications must be
produced and maintained.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 637, is
amended to read as follows:
Section 637. A. The State Board of Osteopathic Examiners may
refuse to admit a person to an examination or may refuse to issue or
reinstate or may suspend or revoke any license issued or reinstated
by the Board upon proof that the applicant or holder of such a
license:
1. Has obtained a license, license renewal or aut horization to
sit for an examination, as the c ase may be, through fraud,
deception, misrepresentation or bribery; or has been granted a
license, license renewal or authorization to sit for an examination
based upon a material mistake of fact;
2. Has engaged in the use or employment of dishonesty, fra ud,
misrepresentation, fals e promise, false pretense, unethical conduct
or unprofessional conduct, as may be determined by the Board, in the
performance of the functio ns or duties of an osteopathic physician,
including but not limited to the following:
a. obtaining or attempting to obtain any fee, charge,
tuition or other compensation by fraud, deception or
misrepresentation; willfully and continually
overcharging or overtreating patients; or charging for
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visits to the physician’s office which did not occur
or for services which were not rendered,
b. using intimidation, coercion or deception to obtain or
retain a patient or discourage the use of a second
opinion or consultation,
c. willfully performing inappropri ate or unnecessary
treatment, diagnostic tests or osteopathic medical or
surgical services,
d. delegating professional responsibilities to a person
who is not qualified by training, skill, competency,
age, experience or licensure to perform them, noting
that delegation may only occur within an appropr iate
doctor-patient relationship, wherein a proper patient
record is maintained including, but not limited to, at
the minimum, a current history and physical,
e. misrepresenting that any disease, ailment, or
infirmity can be cured by a method, procedure,
treatment, medicine or devic e,
f. acting in a manner which results in final disciplinary
action by any professional society or association or
hospital or medical staff of such hospital in this or
any other state, whether agreed to voluntarily or not,
if the action was in any way rela ted to professional
conduct, professional competence, malpractice or any
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other violation of the Oklahoma Osteopathic Medicine
Act,
g. signing a blank prescription form; or dispensing,
prescribing, administering or otherwise distr ibuting
any drug, controlled substance or other treatment
without sufficient examination or the establishment of
a physician-patient relationship, or for other than
medically accepted therapeutic or experimenta l or
investigational purpose duly authorized b y a state or
federal agency, or not in good faith to relieve pain
and suffering, or not to treat an ailment, physical
infirmity or disease, or violating any state or
federal law on controlled dangerous substanc es
including, but not limited to, prescribing, dispensing
or administering opioid drugs in excess of the maximum
limits authorized in Section 2 -309I of Title 63 of the
Oklahoma Statutes,
h. engaging in any sexual activity within a physician -
patient relationship,
i. terminating the care of a patient wi thout adequate
notice or without making other arrangements for the
continued care of the patient,
j. failing to furnish a copy of a patient ’s medical
records upon a proper request from the patient or
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legal agent of the patient or another physician; or
failing to comply with any othe r law relating to
medical records,
k. failing to comply with any subpoena issued by the
Board,
l. violating a probation agreement or order w ith this
Board or any other agency, and
m. failing to keep complete and accurate records of
purchase and disposal of controlled drugs or narcotic
drugs;
3. Has engaged in gross negligence, gross malpractice or gross
incompetence;
4. Has engaged in repeat ed acts of negligence, malpractice or
incompetence;
5. Has been finally adjudicated and found guilty, or entered a
plea of guilty or nolo contendere in a criminal prosecution, for any
offense reasonably related to the qualifications, functions or
duties of an osteopathic physician, whether or not sentence is
imposed, and regardless of the pen dency of an appeal;
6. Has had the authority to engage in the activities regulated
by the Board revoked, suspended, restricted, modified or limited, or
has been reprimanded, warned or censured, probated or oth erwise
disciplined by any other state or feder al agency whether or not
voluntarily agreed to by the physician including, but not limited
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to, the denial of licensure, surrender of the license, permit or
authority, allowing the license, permit or authority t o expire or
lapse, or discontinuing or limitin g the practice of osteopath ic
medicine pending disposition of a complaint or completion of an
investigation;
7. Has violated or failed to comply with provisions of an y act
or regulation administered by the Boa rd;
8. Is incapable, for medical or psychiatr ic or any other good
cause, of discharging the functions of an osteopathic physician in a
manner consistent with the public ’s health, safety and welfare;
9. Has been guilty of advertising by means of knowingly false
or deceptive statements;
10. Has been guilty of advertising, prac ticing, or attempting
to practice under a name other than one ’s own;
11. Has violated or refused to comply with a lawful order of
the Board;
12. Has been guilty of habitual drunkenn ess, or habitual
addiction to the use of morphine, cocaine or other habit -forming
drugs;
13. Has been guilty of personal offensive behavior, which would
include, but not be limited to, obscenity, lewdness, and
molestation;
14. a. Has performed an abortion as defined by Section 1-730
of Title 63 of the Oklahoma Statutes, except for an
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abortion necessary to prevent the death of the mother
or to prevent substantial or irreversible physical
impairment of the mother th at substantially increases
the risk of death. The performance of an abortion on
the basis of the mental or emotional health of the
mother shall be a violation of this paragraph,
notwithstanding a claim or diagnosis that the woman
may engage in conduct whi ch she intends to result in
her death, unless:
(1) the abortion is necessary due to a medical
emergency as defined in subparagraph d of this
paragraph, or
(2) the pregnancy is the result of:
(a) rape or sexual assault that has been
reported to law enforcem ent, or
(b) incest of a minor that has been reported to
law enforcement.
b. The Board shall impose a penalty as provided in this
section and in Section 6 37.1 of this title on a
licensee who violates this paragraph. The penalty
shall include, but not be li mited to, suspension of
the license for a period of not less than one (1)
year.
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c. Any abortion performed or induced under an exception
provided by subparagraph a of this paragraph or
performed or induced to remove an ectopic pregnancy
shall be reported by the physician to the State
Department of Health in accordance with Section 18 of
this act.
d. As used in this paragraph:
(1) “abortion” means the act of using, prescribing,
administering, procuring, or selling of any
instrument, medicine, drug, or any other
substance, device, or means with the purpose to
terminate the pregnancy of a woman, with
knowledge that the termination by any of those
means will with reasonable likelihood cause the
death of an unborn child. It does not include
the use, prescription, administration, procuring,
or selling of any type of contraception if the
contraception is administered before the time
when a pregnancy could be determined through
conventional medical testing . It does not
include any act related to in vitro fertilization
or otherwise related to the diagnosis or
treatment of infertility or the preservation of
fertility by a licensed healthcare provider
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acting lawfully and within the scope of his or
her practice. An act is not an abortion if the
act is performed with the purpose to:
(a) save the life or preserve the health of the
unborn child,
(b) remove a dead unborn child whose death was
caused by miscarriage or spontaneous
abortion, or
(c) remove an ectopic pregnancy,
(2) “medical emergency” means a condition that, in
reasonable medical judgment :
(a) cannot be remedied by delivery of the child,
and
(b) so complicates the medical c ondition of the
pregnant woman as to necessitate the
immediate abortion of her pregnancy to avert
her death or for which a delay will create
serious risk of substantial and irreversible
physical impairment of a major bodily
function, not including psycholo gical or
emotional conditions. A condition is not a
medical emergency if it is based on a claim,
diagnosis, or determination that the woman
may engage in conduct which she intends to
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result in her death or in the substantial
and irreversible physical impa irment of a
major bodily function, and
(3) “reasonable medical judgment ” means a medical
judgment that would be made by a reasonably
prudent physician who is knowledgeable about the
case and the treatment possibilities with respect
to the medical conditions involved ; or
15. Has been adjudicated to be insane, or incompetent, or
admitted to an institution for the treatment of psychiatric
disorders.
B. The State Board of Osteopathic Exami ners shall neither
refuse to renew, nor suspend, nor revoke any license, however, for
any of these causes, unless the person accused has been given at
least twenty (20) days’ notice in writing of the charge agains t him
or her and a public hearing by the Bo ard; provided, three-fourths
(3/4) of a quorum present at a meeting may vote to suspend a license
in an emergency situation if the licensee affected is prov ided a
public hearing within thirty (30) days of the emer gency suspension.
C. The State Board of Os teopathic Examiners shall have the
power to order or subpoena the attendance of witnesses, the
inspection of records and premises and the production of rele vant
books and papers for the investigation of matters th at may come
before them. The presiding off icer of the Board shall have the
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authority to compel the giving of testimony as is conferred on
courts of justice.
D. Any osteopathic physician in the State of Oklahoma this
state whose license to practice osteop athic medicine is revoked or
suspended under this section shall have the right to seek judicial
review of a ruling of the Board pursuant to the Administrative
Procedures Act.
E. The Board may enact rules and r egulations pursuant to the
Administrative Procedures Act setting out additional acts of
unprofessional conduct, which acts shall be grounds for refusal to
issue or reinstate, or for action to condition, suspend or revoke a
license.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 1-731.3, is
amended to read as follows:
Section 1-731.3. A. No person shall perform or induce an
abortion upon a pregnant woman without first detecting whether or
not her unborn child has a heartbeat. No person shall perform or
induce an abortion upon a pregnant woman after such time as her
unborn child has been determined to have a detectable heartbeat
except if, in reasonable medical judgment, she has a condition that
so complicates her medical condition that it necessitates the
abortion of her pregna ncy to avert her death or to avert s erious
risk of substantial and irreversible physical impairment of a major
bodily function, not including psychological or emotional
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conditions. No such condition may be determined to exist if it is
based on a claim or diagnosis that the woman will engage in conduct
which she intends to result in her death or in substantial and
irreversible physical impairment of a major bodily function .
B. A “detectable heartbeat ” shall mean Subsection A of this
section shall not apply :
1. If the abortion is necessary due to a medical emergency as
defined in subsection D of this section; or
2. If the pregnancy is the result of :
a. rape or sexual assault that has been reported to law
enforcement, or
b. incest of a minor that has been reported to law
enforcement.
C. Any abortion performed or induced under an exception
provided by subsection B of this section , performed or induced to
remove an ectopic pregnancy, or performed or induced in compliance
with subsection A of this section shall be reported by the abortion
provider to the State Department of Health in accordance with
Section 18 of this act.
D. As used in this section:
1. “Abortion” means the act of using, prescribing,
administering, procuring, or selling of any i nstrument, medicine,
drug, or any other substance, device, or means with the purpose to
terminate the pregnancy of a wom an, with knowledge that the
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termination by any of those means will with reasonable likelihood
cause the death of an unborn child. It does not include the use,
prescription, administration, procuring, or selling of any type of
contraception if the contraception is administered before the time
when a pregnancy could be determined through conventional medical
testing. It does not include any act related to in vitro
fertilization or otherwise related to the diagnosis or treatment of
infertility or the preservation of fertility by a licensed
healthcare provider acting lawfully and within the scope of his or
her practice. An act is not an abortion if the act is performed
with the purpose to:
a. save the life or preserve the health of the unborn
child,
b. remove a dead unborn child whose death was caused by
miscarriage or spontaneous abortion , or
c. remove an ectopic pregnancy;
2. “Detectable heartbeat ” means embryonic or fetal cardiac
activity or the steady or repetitive rhythmic contract contractions
of the heart within the gestational sac .;
3. “Medical emergency” means a condition that, in reasonable
medical judgment:
a. cannot be remedied by delivery of the child, and
b. so complicates the medical condition of the pregnant
woman as to necessitate the immediate abortion of her
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pregnancy to avert her d eath or for which a delay will
create serious risk of substantial and irreversible
physical impairment of a major bodily function, not
including psychological or emotional conditions. A
condition is not a medical e mergency if it is based on
a claim, diagnosis, or determination that the woman
may engage in conduct which she intends to result in
her death or in the substantial and irreversible
physical impairment of a major bodily function; and
C. 4. “Reasonable medical judgment ” means a medical judgment
that would be made by a reasonably prudent physician , who is
knowledgeable about the case and the treatment po ssibilities with
respect to the medical con ditions involved.
D. E. Any person violating subsection A of this section shall
be guilty of homicide.
SECTION 5. AMENDATORY Section 1, Chapter 11, O.S.L. 2022
(63 O.S. Supp. 2022, Section 1-731.4), is amended to read as
follows:
Section 1-731.4. A. As used in this section:
1. The terms “abortion” and “unborn child” shall have the same
meaning as provided by Section 1-730 of Title 63 of the Oklahoma
Statutes “Abortion” means the act of using, prescribing,
administering, procuring, or selling of any instrument, medicine,
drug, or any other substance, device, or means with the purpose to
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terminate the pregnancy of a wom an, with knowledge that the
termination by any of those means will with reasonable likelihood
cause the death of an unborn child. It does not include the use,
prescription, administration, procuring, or selling of any type of
contraception if the contraception is administered before the time
when a pregnancy could be determined through conventional medical
testing. It does not include any act related to in vitro
fertilization or otherwise related to the diagnosis or treatment of
infertility or the preservation of fertility by a licensed
healthcare provider acting lawfully and within the scope of his or
her practice. An act is not an abortion if the act is performed
with the purpose to:
a. save the life or preserve the h ealth of the unborn
child,
b. remove a dead unborn child whose death was caused by
miscarriage or spontaneous abortion, or
c. remove an ectopic pregnancy; and
2. “Medical emergency” means a condition which that, in
reasonable medical judgment :
a. cannot be remedied by delivery of the child in which
an abortion is necessary to preserve the life of a
pregnant woman whose life is endangered by a physical
disorder, physical illness or physical injury
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including a life-endangering physical condition caused
by or arising from the pregnancy itself, and
b. so complicates the me dical condition of the pregnant
woman as to necessitate the immediate abortion of her
pregnancy to avert her death or for which a delay will
create serious risk of substantial and irreversible
physical impairment of a major bodily function, not
including psychological or emotional conditions . A
condition is not a medical e mergency if it is based on
a claim, diagnosis, or determination that the woman
may engage in conduct which she intends to result in
her death or in the substantial and irreversible
physical impairment of a major bodily func tion;
3. “Reasonable medical judgment ” means a medical judgment that
would be made by a re asonably prudent physi cian who is knowledgeable
about the case and the treatment possibilities with respect to the
medical conditions involved ; and
4. “Unborn child” means a human fetus or embryo in any stage of
gestation from fertilization until birth .
B. 1. Notwithstanding any other provision of law, a person
shall not purposely perform, induce, or attempt to perform or induce
an abortion except to save the life of a pregnant woman in:
1. If the abortion is nece ssary due to a medical emergency as
defined in subsection A of this section ; or
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2. If the pregnancy is the res ult of:
a. rape or sexual assault that has been reported to law
enforcement, or
b. incest of a minor that has been reported to law
enforcement.
2. C. 1. A person convicted of performing or attempting to
perform an abortion shall be guilty of a felony punishable by a fine
not to exceed One Hundred Thousand Dollars ($100,000.00), or by
confinement in the custody of the Department of Correcti ons for a
term not to exceed ten (10) years, or by such fine and imprisonment.
3. 2. This section does not:
a. authorize the charging or conviction of a woman with
any criminal offense in the death of her own unborn
child, or
b. prohibit the sale, use, pr escription or administration
of a contraceptive measure, drug or chemical if the
contraceptive measure, drug or chemical is
administered before the time when a pregnancy could be
determined through conventi onal medical testing and if
the contraceptive measure, drug or chemical is sold,
used, prescribed or administered in accordance with
manufacturer instructions.
4. 3. It is an affirmative defense to prosecution under this
section if a licensed physician provi des medical treatment to a
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pregnant woman which results in the accidental or unintentional
injury or death to the unbo rn child.
D. Any abortion performed or induced under an exception
provided by subsection B of this section or performed or induced to
remove an ectopic pregnancy shall be reported by the abor tion
provider to the State Department of Health in accordance with
Section 18 of this act.
SECTION 6. AMENDATORY 63 O.S. 2021, Section 1 -732, is
amended to read as f ollows:
Section 1-732. A. No person shall perform or induce an
abortion upon a pregnant woman after suc h time as her unborn child
has become viable unless such:
1. The abortion is necessary to prevent the death of the
pregnant woman or to prevent impairment to her heal th due to a
medical emergency as defined in subsection I of this section; or
2. The pregnancy is the result of:
a. rape or sexual assault that has been reported to law
enforcement, or
b. incest of a minor that has been reported to law
enforcement.
B. An unborn child shall be presumed to be viable if mo re than
twenty-four (24) weeks have elap sed since the probable beginning of
the last menstrual period of the pregnant woman, based upon either
information provided by her or by an examination by h er attending
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physician. If it is the judgment of the attend ing physician that a
particular unborn child is not viable where the presumption of
viability exists as to that particular unborn child, then he or she
shall certify in writing the precise medical criter ia upon which he
has determined that the particular u nborn child is not viable before
an abortion may be performed or induced.
C. No abortion of a viable unborn child shall be performed or
induced except after written certification by the attending
physician that in his best medical judgment the abortion is
necessary to prevent the death of the pregnant woman or to prevent
an impairment to her health . The physician shall further certify in
writing the medical indications for such abortion and the probable
health consequences if the abortion is not performed or induced.
D. C. The physician who sh all perform or induce an abortion
upon a pregnant woman after such time as her unborn child has become
viable shall utilize the available method or technique of abort ion
most likely to preserve the life and health of the unborn child,
unless he or she shall first certify in writing that in his or her
best medical judgment such method or technique shall present a
significantly greater danger t o the life or health of the pregna nt
woman than another available method or t echnique.
E. D. An abortion of a viable unborn child performed solely
under the exception provided by paragraph 2 of subsection A of this
section shall be performed or induced only when there is in
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attendance a physician other than the physician performin g or
inducing the abortion who shall tak e control of and provide
immediate medical care for the child.
E. During the performance or inducing of th e abortion, the
physician performing it, and subsequent to it, the physician
required by this section to be i n attendance, if applicable under
subsections D and F of this section, shall take all reasonable steps
in keeping with good medical practice, consi stent with the procedure
used, to preserve the life and health of the child, in the same
manner as if the chi ld had been born naturally or spontaneou sly.
F. The requirement of the attendance of a second physician may
be waived when in the best judgment of the attending physician a
shall not apply to an abortion performe d due to a medical emergency
exists and further delay would result in a serious thr eat to the
life or physical health of the pregnant woman under the exception
provided by paragraph 1 of sub section A of this section . Provided
that, under such emergen cy circumstances and waiver, the attending
physician shall have the duty to take all rea sonable steps to
preserve the life and health of the chil d before, during and after
the abortion procedure, unless such steps shall, in the best medical
judgment of the physician, present a significantly great er danger to
the life or health of the pregnant woman.
F. G. Any person violating subsection A of this section shall
be guilty of homicide.
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H. Any abortion performed or induced under an exception
provided by subsection A of this section, performed or induced to
remove an ectopic pregnancy, or performed or induced before the
unborn child has become viable shall be reported by the abortion
provider to the State Department of Health in accordance with
Section 18 of this act.
I. As used in this section:
1. “Abortion” means the act of using, prescribing,
administering, procuring, or selling of any i nstrument, medicine,
drug, or any other substance, device, or means with the purpose to
terminate the pregnancy of a woman , with knowledge that the
termination by any of those means will with reasonable likelihood
cause the death of an unborn child. It does not include the use,
prescription, administration, procuri ng, or selling of any type of
contraception if the contraception is administered before the time
when a pregnancy could be determined through convent ional medical
testing. It does not include any act related to in vitro
fertilization or otherwise related to the diagnosis or treatment of
infertility or the preservation of fertility by a licensed
healthcare provider acting lawfully and within the scope of his or
her practice. An act is not an abortion if the act is performed
with the purpose to:
a. save the life or preserve the healt h of the unborn
child,
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b. remove a dead unborn child whose death was caused by
miscarriage or spontaneous abortion, or
c. remove an ectopic pregnancy;
2. “Medical emergency” means a condition that, in reasonable
medical judgment:
a. cannot be remedied by delivery of the child , and
b. so complicates the medical condition of the pr egnant
woman as to necessitate the immediate abortion of her
pregnancy to avert her death or for which a delay will
create serious risk of substantial an d irreversible
physical impairment of a major b odily function, not
including psychological or emotional conditions. A
condition is not a medical e mergency if it is based on
a claim, diagnosis, or determina tion that the woman
may engage in conduct which sh e intends to result in
her death or in the subs tantial and irreversible
physical impairment of a major bodily function; and
3. “Reasonable medical judgment” means a medical judgment that
would be made by a reasonably prudent physician who is knowledgeable
about the case and the treatment possibilities with respect to th e
medical conditions involved .
SECTION 7. AMENDATORY 63 O.S. 2021, Section 1-745.2, is
amended to read as follows:
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Section 1-745.2. As used in the Pain-Capable Unborn Child
Protection Act only:
1. “Abortion” means the use or prescription act of using,
prescribing, administering, procuring, or selling of any instrument,
medicine, drug, or any other substance or, device, or means with the
purpose to terminate the pregnancy of a woman known to be pregnant
with an intention other tha n to increase the probability of a live
birth, to preserve, with knowledge that the termination by any of
those means will with reasonable likelihood cause the death of an
unborn child. It does not include the use, prescription,
administration, procuring, or selling of any type of contraception
if the contraception is administered befor e the time when a
pregnancy could be determined through conventional medical test ing.
It does not include any act related to in vitro fertilization or
otherwise related to the diagnosis or treatment of infertility or
the preservation of fertility by a licensed healthcare provider
acting lawfully and within the scope of his or her practice. An act
is not an abortion if the act is performed with the purpose to:
a. save the life or preserve the health of the unborn
child after live birth, or to,
b. remove a dead unborn child who died as the result of
natural causes in utero, accidental t rauma, or a
criminal assault on the pregnant woman or her u nborn
child, and which causes the premature termination of
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the pregnancy whose death was caused by miscarriage or
spontaneous abortion, or
c. remove an ectopic pregnancy;
2. “Attempt to perform or induce an abortion” means an act, or
an omission of a statutorily required act, that, under the
circumstances as the actor believes them to be, constitutes a
substantial step in a course of conduct planned to culminate in the
performance or induction of a n abortion in this state in violation
of the Pain-Capable Unborn Child Protection Act;
3. “Postfertilization age” means the age of the unborn child as
calculated from the fertilization of the human ovum;
4. “Fertilization” means the fusion of a human spe rmatozoon
with a human ovum;
5. “Medical emergency” means a condition that, in reasonable
medical judgment,:
a. cannot be remedied by delivery of the child, and
b. so complicates the medical condition of the pre gnant
woman that it necessitates as to necessitate the
immediate abortion of her pregnancy without first
determining postfertilization a ge to avert her death
or for which the delay necessary to determine
postfertilization age a delay will create serious risk
of substantial and irre versible physical impairment of
a major bodily function, not including psychological
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or emotional conditions. No condition shall be deemed
A condition is not a medical emergency if it is based
on a claim or, diagnosis, or determination that the
woman will may engage in conduct which she intends to
result in her death or in substantial and irreversible
physical impairment of a major bodily function;
6. “Reasonable medical judgment” means a medical judgment that
would be made by a reasonably prudent physician , who is
knowledgeable about the case and the treatme nt possibilities with
respect to the medical conditions involved;
7. “Physician” means any person licensed to practice medicine
and surgery or osteopathic medic ine and surgery in this state;
8. “Probable postfertilization age of the unborn child ” means
what, in reasonable medical judgment, will with reasonab le
probability be the postfertilization age of the unborn child at the
time the abortion is planned to be performed or induced;
9. “Unborn child” or “fetus” each means an individual organism
of the species homo sapiens from fertilization until live birth; and
10. “Woman” means a female human bein g whether or not she has
reached the age of majority.
SECTION 8. AMENDATORY 63 O.S. 2021, Section 1 -745.4, is
amended to read as follows:
Section 1-745.4. A. Except in the case of a med ical emergency
as provided by subsection C of this section, no abortion shall be
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performed or induced or be attempted to be performed or induced
unless the physician performing or inducing it has first made a
determination of the probable postfertilization age of the unborn
child or relied upon suc h a determination made by another phys ician.
In making such a determination, the physician shall make such
inquiries of the woman and perform or cause to be perfo rmed such
medical examinations and tests as a reas onably prudent physician,
knowledgeable about the case and the medical conditions involved,
would consider necessary to perform in making an accurate diagnosis
with respect to postfertilization age.
B. Knowing or reckless failure by any physician to confo rm to
any requirement of this section const itutes “unprofessional
conduct”.
C. Subsection A of this section shall not apply :
1. If the abortion is necessary due to a medical emerge ncy as
defined in subsection D of this section; or
2. If the pregnancy is the result of:
a. rape or sexual assault that has been reported to law
enforcement, or
b. incest of a minor that has been reported to law
enforcement.
D. Any abortion performed or induced under an exception
provided by subsection C of this section, performed or induced to
remove an ectopic pregnancy, or performed or induced in compliance
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with subsection A of this section shall be reported by the abortion
provider to the State Department of Health in accordance with
Section 18 of this act.
SECTION 9. AMENDATORY 63 O.S. 202 1, Section 1-745.5, is
amended to read as follows:
Section 1-745.5. A. No Except as provided by subsection C of
Section 1-745.4 of this title, no person shall perform or induce or
attempt to perform or induce an abortion upon a woman when it has
been determined, by the physician performing or inducing or
attempting to perform or i nduce the abortion or by another physician
upon whose determination that physician relies, that the probable
postfertilization age of t he woman’s unborn child is twenty (20 ) or
more weeks, unless, in reasonable medical judgment, she has a
condition which so complicates her medical condition as to
necessitate the abortion of her pregnancy to avert her death or to
avert serious risk of subs tantial and irreversible physical
impairment of a major bodily function, not including psychological
or emotional conditi ons. No such condition shall be deemed to exist
if it is based on a claim or diagnosis that the woman will engage in
conduct which she intends to result in her death or in substantial
and irreversible physical impairment of a major bodily function .
B. When an abortion upon a woman whose unborn child has been
determined to have a probable postfertilization age of twenty (20)
or more weeks is not prohibited by this section, the physician shall
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terminate the pregnancy in the manner which, in reasonable medic al
judgment, provides the best opportunity for the unborn child to
survive, unless, in reasonable medical judgment, termination of the
pregnancy in that manner would pose a greater risk either of the
death of the pregnant woman or of the substantial and ir reversible
physical impairment of a major bodily function, not including
psychological or emotional conditions, of the woman than would other
available methods. No such gr eater risk shall be deemed to exist if
it is based on a claim or diagnosis that the woman will engage in
conduct which she intends to result in her death or in substantial
and irreversible physical impairment of a major bodily function.
SECTION 10. AMENDATORY Section 2, Chapter 190, O.S.L.
2022 (63 O.S. Supp. 2022, Section 1-745.32), is amended to read as
follows:
Section 1-745.32. As used in this act the Oklahoma Heartbeat
Act:
1. “Abortion” means the act of using, prescribing,
administering, procuring, or selling of any instrument, medicine,
drug, or any other substance, device, or means with the purpose to
terminate the pregnancy of a woman, with knowledge that the
termination by any of t hose means will with reasonable likelihood
cause the death of an unborn child. It does not include the use,
prescription, administration, procuring, or selling of any type of
contraception if the contraception is administered before the time
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when a pregnancy could be determined through conventional medi cal
testing. It does not include any act related to in vitro
fertilization or otherwise related to the diagnosis or treatment of
infertility or the preservation of fertility by a licensed
healthcare provider acting lawfully and within the scope of his or
her practice. An act is not an abortion if the act is performed
with the purpose to:
a. save the life or preserve the healt h of the unborn
child,
b. remove a dead unborn child whose death was caused by
miscarriage or spontaneous abortion , or
c. remove an ectopic pregnancy;
2. “Fetal heartbeat” means cardiac activity or the steady and
repetitive rhythmic contraction of the fetal heart within the
gestational sac;
2. 3. “Gestational age” means the amount of time that has
elapsed from the first day of a woman’s last menstrual period;
3. 4. “Gestational sac” means the structure comprising the
extraembryonic membranes that envelop the unborn child and that is
typically visible by ultrasound after the fourth week of pregnancy;
4. 5. “Medical emergency” means a condition that, in reasonable
medical judgment:
a. cannot be remedied by delivery of the child , and
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b. so complicates the medical condition of the pr egnant
woman as to necessitate the immediate abortion of her
pregnancy to avert her death or for which a d elay will
create serious risk of substantial and irre versible
physical impairment of a major b odily function, not
including psychological or emotional conditions. A
condition is not a medical e mergency if it is based on
a claim, diagnosis, or determinatio n that the woman
may engage in conduct which she inte nds to result in
her death or in the subs tantial and irreversible
physical impairment of a major bodily function;
6. “Physician” means an individual licensed to practice
medicine in this state including a medical doctor and a doctor of
osteopathic medicine;
5. 7. “Pregnancy” means the human female reproductive condition
that:
a. begins with fertiliz ation,
b. occurs when the woman is carrying the deve loping human
offspring, and
c. is calculated from the first day of the woman’s last
menstrual period;
6. 8. “Reasonable medical judgment” means a medical judgment
that would be made by a reasonably prudent physician who is
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knowledgeable about the case and the treatm ent possibilities with
respect to the medical conditions involved;
9. “Standard medical practice” means the degree of skill, care,
and diligence that an obstetricia n of ordinary judgment, learning,
and skill would employ in like circumstances;
7. 10. “Unborn child” means a human fetus or embryo in any
stage of gestation from fertili zation until birth; and
8. 11. “Woman” and “women” include any person whose biologica l
sex is female including any person with XX chromosomes and any
person with a uterus, regardless of any gender identit y that the
person attempts to assert or claim.
SECTION 11. AMENDATORY Section 3, Chapter 190, O.S.L.
2022 (63 O.S. Supp. 2022, Section 1 -745.33), is amended to read as
follows:
Section 1-745.33. A. For the purposes of determining the
presence of a fetal heartbeat under this section, “standard medical
practice” includes employing the appropriate means of detecting the
heartbeat based on the estimated gestational age of the unborn child
and the condition of the woman and her pregnancy.
B. Except as provided by Sections 5 and 6 of this act Sections
1-745.35 and 1-745.36 of this title or Section 14 of this act, an
abortion may not be performed or, induced, or attempted to be
performed or induced on a pregnant woman unless a physician has
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determined, in accordance with this section, whether the woman’s
unborn child has a detectable fetal heartbeat.
C. In making a determination under subsection B of this
section, the physician must use a test that is:
1. Consistent with the physician’s good faith and reasonable
understanding of standard medical practice; and
2. Appropriate for the estimated gestational age of the unbo rn
child and the condition of the pregnant woman and her pregnancy.
D. A physician making a determination under subsection B of
this section shall record in the pregnant woman’s medical record:
1. The estimated gestational age of the unborn child;
2. The method used to estimate the gestational age; and
3. The test used for detecting a fetal heartbeat including the
date, time, and results of the test.
SECTION 12. AMENDATORY Section 4, Chapter 190, O.S.L.
2022 (63 O.S. Supp. 2022, Section 1 -745.34), is amended to read as
follows:
Section 1-745.34. A. Except as provided by Sections 5 and 6 of
this act Sections 1-745.35 and 1-745.36 of this title or Section 14
of this act, a physician shall not knowingly perform or, induce, or
attempt to perform or induce an abortion on a pregnant woman if the
physician detected a fetal heartbeat for the unborn child as
required by Section 3 of this act Section 1-745.33 of this title or
failed to perform a test to detect a fetal heartbeat.
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B. A physician shall not be in violation of this section if the
physician performed a test for a fetal heartbeat as required by
Section 3 of this act Section 1-745.33 of this title and did not
detect a fetal heartbeat.
C. This section shall not affect any provision of state law
that regulates or prohibits abortion including but not lim ited to
any provision that restricts or regulates an ab ortion by a
particular method or during a particular stage of pregnancy.
SECTION 13. AMENDATORY Section 5, Chapter 190, O.S.L.
2022 (63 O.S. Supp. 2022, Section 1 -745.35), is amended to read as
follows:
Section 1-745.35. A. Sections 3 and 4 of this act Sections 1-
745.33 and 1-745.34 of this title shall not apply if a physician
believes an abortion is necessary due to a medical emergency exists
that prevents complian ce with this act as defined in Section 1-
745.32 of this title.
B. A physician who performs or induces an abortion under
circumstances described by subsection A of this section shall make
written notations in the pr egnant woman’s medical record of:
1. The physician’s belief that a medical emergency necessitated
the abortion; and
2. The medical condition of the pregnant woman that prevented
compliance with this act the Oklahoma Heartbeat Act .
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C. A physician performing or inducing an abortion under this
section shall maintain in the physician’s practice records a copy of
the notations made under subsection B of this section.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.35a of Title 63, unless
there is created a duplication in numbering, reads as fo llows:
Sections 1-745.33 and 1-745.34 of Title 63 of the Oklahoma
Statutes shall not apply if the pregnancy is the result of:
1. Rape or sexual assault that has been reported to law
enforcement; or
2. Incest of a minor that has been reported to law enforceme nt.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.36a of Title 63, unless
there is created a du plication in numbering, reads as follows:
Any abortion performed or induced under an exception provided by
Section 1-745.35 or 1-745.36 of this title or Section 14 of this
act, performed or induced to remove an ectopic pregnancy, or
performed or induced in complian ce with Sections 1-745.33 and 1-
745.34 of Title 63 of the Oklahoma Statutes shall be reported by the
abortion provider to the State Department of Health in accordance
with Section 18 of this act.
SECTION 16. AMENDATORY Section 1, Chapter 321, O.S.L.
2022 (63 O.S. Supp. 2022, Section 1-745.51), is amended to read as
follows:
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Section 1-745.51. As used in this act Section 1-745.51 et seq.
of this title:
1. “Abortion” means the act of using, prescribing,
administering, procuring, or selling of any inst rument, medicine,
drug, or any other substance, device, or means with the purpose to
terminate the pregnancy of a woman, with knowledge that the
termination by any of those means will with reasonable likelihood
cause the death of an unborn child. It does not include the use,
prescription, administration, proc uring, or selling of Plan B,
morning-after pills, or any other type of contraception or emergency
contraception if the contraception is administered before the time
when a pregnancy could be determined through convent ional medical
testing. It does not include any act related to in vitro
fertilization or otherwise related to the diagnosis or treatment of
infertility or the preservation of fertility by a licensed
healthcare provider acting lawfully and within the scope of his or
her practice. An act is not an abortion if the act is performed
with the purpose to:
a. save the life or preserve the health of the unborn
child,
b. remove a dead unborn child whose death was caused by
miscarriage or spontaneous abortion , or
c. remove an ectopic pregnancy;
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2. “Fertilization” means the fusion of a human spermatozoon
with a human ovum;
3. “Medical emergency” means a condition in which an abortion
is necessary to preserve the life of a pregnant woman whose life is
endangered by a physical disorder, physical illness, or physical
injury, including a life-endangering physical condition caused by or
arising from the pregnancy itself that, in reasonable medi cal
judgment:
a. cannot be remedied by delivery of the child , and
b. so complicates the medical condition of the pregnant
woman as to necessitate the immediate abortion of her
pregnancy to avert her death or for which a delay will
create serious risk of su bstantial and irreversible
physical impairment of a major bodily function, not
including psychological or emotional conditi ons. A
condition is not a medical emergency if it is based on
a claim, diagnosis, or det ermination that the woman
may engage in conduct which she intends to result in
her death or in the substantial and irreversi ble
physical impairment of a major bodily f unction;
4. “Reasonable medical judgment ” means a medical judgment that
would be made by a reasonably prudent physician who is knowl edgeable
about the case and the treatment possibilities with respect to the
medical conditions involved;
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4. 5. “Unborn child” means a human fetus or embryo in any stage
of gestation from fertilizatio n until birth; and
5. 6. “Woman” and “women” include any person whose biological
sex is female, including any person with XX chromosomes and any
person with a uterus, regardless of any gender identity that the
person attempts to assert or claim.
SECTION 17. AMENDATORY Section 2, Chapter 321, O.S.L.
2022 (63 O.S. Supp. 2022, Section 1-745.52), is amended to read as
follows:
Section 1-745.52. A. Except as provided by Section 3 of this
act Section 1-745.53 of this title, a person shall not knowingly
perform or, induce, or attempt to perform or induce an abortion
unless:
1. The abortion is necessary to save the life of a pregnant
woman in due to a medical emergency as defined in Section 1-745.51
of this title; or
2. The pregnancy is the result of:
a. rape, or sexual assault that has been reported to law
enforcement, or
b. incest of a minor that has been reported to law
enforcement.
B. Any abortion performed or induced under an exception
provided by subsection A of this section or Section 1-745.53 of this
title or performed or induced to remove an ectopic pregnancy shall
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be reported by the abortion provider to the St ate Department of
Health in accordance with Section 18 of this act.
SECTION 18. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-738r of Title 63, unless there
is created a duplicati on in numbering, reads as follows:
A. Any abortion performed or induced under an exception
provided by Section 861 of Title 21 of the Oklahoma St atutes,
Section 509 or 637 of Title 59 of the Ok lahoma Statutes, Section 1-
731.3, 1-731.4, or Section 1-732 of Title 63 of the Oklahoma
Statutes, Section 1-745.1 et seq. of Title 63 of the Oklahoma
Statutes, Section 1-745.31 et seq. of Title 63 of the Oklahoma
Statutes, or Section 1-745.51 of Title 63 of the Oklahoma Statutes
shall be reported by the abortion provider to the State Department
of Health on a form prescribed by the State Commissioner of Health.
The form shall not request the name of the woman who obtained the
abortion or any other potentia lly identifying information that could
lead to the identification of the woman.
B. The abortion provider shall state on the form the specific
exception under which the abortion was performed and shall provide a
detailed explanation of the justification for performing such
abortion including any relevant supporting documentation. The
completed form shall include all other information as may be
required by the Commissioner.
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C. The Department shall compile the informatio n received under
this section into an annual statistical report which shall be
published on the Department’s Internet website and submitted to the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives each year.
D. The Commissioner shall promulgate rules to implement this
section. Such rules shall include, but not be limited to:
1. The manner of reporting;
2. Information to be reported; and
3. Patient privacy protections that ensure the anonymity of
women who obtain an abortion under an exception provided by Section
861 of Title 21 of the Oklahoma Statutes, Section 731.4 of Title 63
of the Oklahoma Statutes, Section 1-745.31 et seq. of Title 63 of
the Oklahoma Statutes, or Section 1-745.51 of Title 63 of the
Oklahoma Statutes.
SECTION 19. REPEALER 63 O.S. 2021, Sections 1-733 and 1-
745.6, are hereby repealed.
SECTION 20. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereo f this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON HEA LTH AND HUMAN SERVICES
February 9, 2023 - DO PASS AS AMENDED BY CS