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SENATE FLOOR VERSION
April 21, 2025
ENGROSSED HOUSE
BILL NO. 1168 By: Crosswhite Hader, Adams,
Lepak, Maynard, Hildebrant,
West (Kevin), and Steagall
of the House
and
Bullard of the Senate
An Act relating to abortion-inducing drugs; defining
terms; prohibiting trafficking of certain drugs;
providing for felony; providing 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 Section 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 in crease the probability of a live birth, to
preserve the life or health of the child after live birth, t o 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, o r any
other substance prescribed or dispensed with the intent of inducing
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 misop rostol (Cytotec) and
methotrexate. This definition does not apply to drugs that may be
known to cause an abortion but which are prescribed for other
medical indications, such as chemotherapeutic agents or diagnostic
drugs, or for treatment of an ectopic p regnancy or spontaneous
miscarriage;
3. "Preventive contraception " means any drug, chemical,
biological product, or device used with the intent to preve nt
pregnancy and that is used in accordance with manufacturer
instructions;
4. "Trafficking" means the act of buying, selling, or
delivering medicine, drugs, or any substance illegally; and
5. "Unborn child" means the unborn offspring of human beings
from the moment of conception, through pregnancy, and until live
birth, including the human conceptus, zyg ote, 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 intentionally:
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 traffickin g 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 of 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 prohi bit the use,
sale, prescription, or administration of a preventive contraceptive
measure, drug, chemica l, or device if the preventive contraceptive
measure, drug, chemical, or device is used, sold, prescribed, or
administered in accordance with manufacturer instructions.
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SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
April 21, 2025 - DO PASS