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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1168 By: Crosswhite Hader, Maynard,
and Hildebrant of the House
and
Bullard of the Senate
AS INTRODUCED
An Act relating to abortion-inducing drugs; defining
terms; prohibiting trafficking of certain drugs;
providing for felony; pro viding exceptions; 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 Sect ion 1-756.30 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. As used in this act:
1. "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device intentionally to
terminate the pregnancy of a female known to be pregnant with an
intention other than to increase the probability of a live birth, to
preserve the life or health of the child after live birth, to remove
an ectopic pregnancy, or to remove a dead unborn child who died as
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the result of a spontaneous miscarriage, accidental trauma, or a
criminal assault on the pregnant female or her unborn child;
2. "Abortion-inducing drug" means a medicine, drug, or any
other substance prescribed or dispensed with the intent of in ducing
an abortion. This includes off -label use of drugs known to have
abortion-inducing properties, which are prescribed specifically with
the intent of causing an abortion, such as misoprostol (Cytotec) and
methotrexate. This definition does not apply to drugs that may be
known to cause an abortion but which are prescribed for o ther
medical indications, such as chemotherapeutic agents or diag nostic
drugs, or for treatment of an ectopic pregnancy or spontaneous
miscarriage;
3. "Preventive contraception " means any drug, chemical,
biological product, or device used with the intent to prevent
pregnancy and that is used in accordance with manufact urer
instructions;
4. "Trafficking" means the act of buying, selling, or
delivering medicine, drugs, or any subs tance illegally; and
5. "Unborn child" means the unborn offspring of human be ings
from the moment of conception, through pregnancy, and until live
birth, including the human conceptus, zygote, morula, blastocyst,
embryo, and fetus.
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B. A person who knows or has reason to know that another person
intends to use an abortion -inducing drug to cause an unlawful
abortion and who knowingly or intention ally:
1. Delivers an abortion -inducing drug to that person; or
2. Possesses an abortion -inducing drug with the intent to
deliver the abortion -inducing drug to that person,
commits trafficking in an abortion-inducing drug and is guilty of a
felony upon conviction.
C. A person convicted of trafficking or attempting to traffic
abortion-inducing drugs 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 o f Corrections for a
term not to exceed ten (10) years, or by both such fine and
imprisonment.
D. This act does not apply to a pharmacist or a manufacturer or
distributor of drugs or surgical supplies who lawfully manufactures,
possesses, offers, sells, or distributes, in the usual course of
that entity's business or profession, any drug, medicine, or
instrument intended for any lawful medical purpose.
E. Nothing in this act may be construed to prohibit the use,
sale, prescription, or administration of a p reventive contraceptive
measure, drug, chemical, or device if the preventive contraceptive
measure, drug, chemica l, or device is used, sold, prescribed, or
administered in accordance with man ufacturer instructions.
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SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
OVERSIGHT, dated 03/06/2025 - DO PASS, As Coauthored.