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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1724 By: Jenkins
AS INTRODUCED
An Act relating to abortion pills; creating the
Prevention of Maternal Harm Act of 2025;
criminalizing coerced abortion; providing for
imprisonment; providing fines; amending 63 O.S. 2021,
Section 2-210, which relates to Schedule IV; adding
mifepristone and misoprostol; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law to be co dified
in the Oklahoma Statutes as Section 1 -760 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as th e "Prevention of
Maternal Harm Act of 2025 ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -760.1 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Coerced criminal abortion by means of fraud is committed
when a person knowingl y and intentionally engages in the use of an
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abortion-inducing drug on a pregnant woman, without her knowledge or
consent, with the intent to cause an abortion.
B. 1. Except as provided in paragraph 2 of this subsection,
whoever commits the crime of coerced criminal abortion by means of
fraud shall be imprisoned for not less than five (5) years nor more
than ten (10) years, fined not less than Ten Thousand Dollars
($10,000.00) nor more than Seventy-five Thousand Dollars
($75,000.00), or both such fine and imprisonment.
2. Whoever commits the crime of coerced criminal abortion by
means of fraud when the unborn child is more than three (3) months
of gestational age shall be impris oned for not less than ten (10)
years nor more than twenty (20) years, fined not less than Fifty
Thousand Dollars ($50,000.00) nor more than One Hundred Thousand
Dollars ($100,000.00), or both such fine and imprisonment .
C. The prosecution of a person pur suant to this section shall
not be a defense against the prosecution under any other provision
of law, including murder or attempted murder, should the person
commit the crime of coerced criminal abortion by means of fraud and
the use of an abortion -inducing drug results in the death or serious
bodily injury of the pregnant woman.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 2 -210, is
amended to read as follows:
Section 2-210. A. Any material, compound, mixture, or
preparation which contains any quantity of the following substances
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having a potential for ab use associated with a stimulant or
depressant effect on the central nervous system:
1. Chloral betaine;
2. Chloral hydrate;
3. Ethchlorvynol;
4. Ethinamate;
5. Meprobamate;
6. Paraldehyde;
7. Petrichloral;
8. Diethylpropion;
9. Phentermine;
10. Pemoline;
11. Chlordiazepoxide;
12. Chlordiazepoxide and its salts, but not including
chlordiazepoxide hydrochloride and clidinium bromide or
chlordiazepoxide and water -soluble esterified estrogens;
13. Diazepam;
14. Oxazepam;
15. Clorazepate;
16. Flurazepam and its salts;
17. Clonazepam;
18. Barbital;
19. Mebutamate;
20. Methohexital;
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21. Methylphenobarbital;
22. Phenobarbital;
23. Fenfluramine;
24. Pentazocine;
25. Propoxyphene;
26. Butorphanol;
27. Alprazolam;
28. Halazepam;
29. Lorazepam;
30. Prazepam;
31. Temazepam;
32. Triazolam;
33. Carisoprodol;
34. Dichloralphenazone;
35. Estazolam;
36. Eszopiclone;
37. Midazolam;
38. Modafinil;
39. Zaleplon;
40. Zolpidem;
41. Tramadol;
42. Bromazepam;
43. Suvorexant;
44. Phenazepam;
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45. Etizolam; or
46. Clonazolam;
47. Mifepristone; or
48. Misoprostol.
B. 1. The following nonnarcotic substances, which may, under
the Federal Food, Drug, and Cosmetic Ac t (21 U.S.C., Section 301),
be lawfully sold over the counter without a prescription, are
excluded from all schedules of controlled substances under this
title:
a. Breathe-Aid,
b. BronCare,
c. Bronchial Congestion,
d. Bronkaid Tablets,
e. Bronkaid Dual Action Caplets,
f. Bronkotabs,
g. Bronkolixir,
h. NeoRespin,
i. Pazo Hemorrhoid Ointment and Suppositories,
j. Primatene Tablets,
k. Primatene "Dual Action" Formula,
l. Quelidrine,
m. Resp, and
n. Vatronal Nose Drops.
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2. At the request of any person, the Dir ector may exempt any
other drug product containing ephedrine from being included as a
Schedule IV controlled substance if such product:
a. is labeled and marketed in a manner consistent with
the pertinent OTC tentative final or final monograph
issued by the FDA, and
b. is manufactured and distributed for legitimate
medicinal use and in a manner that reduces or
eliminates the likelihood of abuse.
3. In making a determination regarding a drug product, the
Director, after notice and hearing, shall consider th e following:
a. the history and current pattern of abuse,
b. the name and labeling of the product,
c. the intended manner of distribution, advertising and
promotion of the product, and
d. other factors as may be relevant to and consistent
with the public health and safety.
4. The hearing shall be held in accordance with the
Administrative Procedures Act.
5. A list of current drug products meeting exemption
requirements under this subsection may be obtained from the Bureau
upon written request.
C. The Board of Pharmacy may except by rule any compound,
mixture, or preparation containing any depressant substance listed
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in subsection A of this section from the application of all or any
part of the Uniform Controlled Dangerous Substances Act, Section 2 -
101 et seq. of this title, if the compound, mixture, or preparation
contains one or more active medicinal ingredients not having a
depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity,
proportion, or concentration that vitiate the potential for abuse of
the substances which have a depressant effect on the central nervous
system.
SECTION 4. This act shall become effective November 1, 2025.
60-1-11012 TJ 01/07/25