Title 63, Title 63 — Public Health and Safety

Legibility - Availability at no cost. A. Within ninety (90) days after the Unborn Child Pain Awareness/Prevention Act becomes law, the State Board of Medical Licensure and Supervision shall cause to be published, in English and in each language which is the primary language of tw…

The State Board of Medical Licensure and Supervision shall develop and maintain a stable Internet web site to provide the information described under Section 10 of this act. No information regarding who uses the web site shall be collected or maintained. The State Board of Medica…

indications. When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the judgment of the physician that an abortion is necessary to avert the death of the fema…

Public report - Alteration of dates. A. Within ninety (90) days after the Unborn Child Pain Awareness/Prevention Act becomes law, the State Department of Health shall prepare a reporting form for physicians containing a reprint of the Unborn Child Pain Awareness/Prevention Act an…

Any person who knowingly or recklessly performs or attempts to perform an abortion in violation of the Unborn Child Pain Awareness/Prevention Act shall be guilty of a Class D2 felony offense. Any physician who knowingly or recklessly submits a false report under subsection C of S…

Civil liability. A. Any person upon whom an abortion has been performed without the Unborn Child Pain Awareness/Prevention Act having been complied with, the father of the unborn child who was the subject of such an abortion, or the grandparent of such an unborn child may maintai…

whom abortion has been performed or attempted. In every civil or criminal proceeding or action brought under the Unborn Child Pain Awareness/Prevention Act, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be pre…

If any one or more provision, section, subsection, sentence, clause, phrase or word of the Unborn Child Pain Awareness/Prevention Act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the bala…

As used in this section and Sections 1-738.2 through 1-738.5 of Title 63 of the Oklahoma Statutes: 1. "Abortion" means the term as defined in Section 1-730 of Title 63 of the Oklahoma Statutes; 2. "Attempt to perform an abortion" means an act, or an omission of a statutorily requ…

physicians - Confirmation of receipt of medical risk information. A. No abortion shall be performed in this state except with the voluntary and informed consent of the woman upon whom the abortion is to be performed. B. Except in the case of a medical emergency, consent to an abo…

A. Within one hundred twenty (120) days of the effective date of this act, the State Board of Medical Licensure and Supervision shall cause to be published, in English and in Spanish, and shall update on an annual basis, the following printed materials in such a way as to ensure …

Contents of form - Submission - Late fee. A. By February 1, 2008, the State Department of Health shall prepare and make available on its stable Internet website the form described in subsection B of this section. A copy of this act shall be posted on the website. Physicians perfo…

certification - Medical emergency exception. A. Any abortion provider who knowingly performs any abortion shall comply with the requirements of this section. B. In order for the woman to make an informed decision, at least one (1) hour prior to a woman having any part of an abort…

relief - Action for damages - License suspension. A. An abortion provider who knowingly violates a provision of Section 2 of this act shall be liable for damages as provided in this section and may be enjoined from such acts in accordance with this section in an appropriate court…

A woman upon whom an abortion has been performed in negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b of Title 63 of the Oklahoma Statutes, or the parent or legal guardian of the woman if she is an unemancipated minor, as defined in Section 1-740.1 of…

If judgment is rendered in favor of the plaintiff in any action pursuant to Section 1 of this act, the court shall also render judgment for costs including reasonable expert witness fees and for a reasonable attorney fee in favor of the plaintiff against the defendant. If judgmen…

Disclosure. In every action brought under this act, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion…

An action pursuant to this act shall be brought within two (2) years of the date the woman upon whom an abortion has been performed in negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1- 740.2 or 1-740.4b of Title 63 of the Oklahoma Statutes, or the parent or legal guar…

A. Nothing in this act shall be construed as creating or recognizing a right to abortion. B. Nothing in this act shall apply to a hospital as defined in Section 1-701 of Title 63 of the Oklahoma Statutes which has a dedicated emergency department as defined in 42 CFR 489.24b. Add…

If any one or more provision, section, subsection, sentence, clause, phrase or word of this act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective…

Patient's right to information. When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her dea…

If some or all of the newly amended provisions of 63 O.S. 2011, Section 1-738.2, 63 O.S. 2011, Section 1-738.3; 63 O.S. 2011, Section 1-738.3a; 63 O.S. 2011, Section 1-738.8; 63 O.S. 2011, Section 1-738.13; 63 O.S. 2011, Section 1-738m, as amended by Section 2, Chapter 303, O.S.L…

This act shall be known and may be cited as the "Unborn Child Pain Awareness/Prevention Act". Added by Laws 2006, c. 185, § 6, eff. Nov. 1, 2006. NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. Apr…

As used in the Unborn Child Pain Awareness/Prevention 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 inc…

weeks' gestation - Certification, furnishing of information. A. Except in the case of a medical emergency, at least seventy- two (72) hours prior to an abortion being performed on an unborn child whose probable gestational age is twenty (20) weeks or more, the physician performin…

alleviate pain - Notice. Except in the case of a medical emergency, before an abortion is performed on an unborn child who is twenty (20) weeks gestational age or more, the physician performing the abortion or the agent of the physician shall inform the female if an anesthetic or…

This act shall be known and may be cited as the “Statistical Abortion Reporting Act”. Added by Laws 2010, c. 276, § 1, eff. Nov. 1, 2010. NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2…

statistics. A. As used in the Statistical Abortion Reporting Act: 1. "Abortion" means the term as defined in Section 1-730 of Title 63 of the Oklahoma Statutes; 2. "Complication" means any adverse physical or psychological condition arising from the performance of an abortion, wh…

form. A. Subsections B and C of this section shall become operative on the later of: 1. April 1, 2012; or 2. Thirty (30) calendar days following the date on which the State Department of Health posts on its website the Individual Abortion Form and instructions concerning its elec…

A. Complications of Induced Abortion Report. By March 1, 2012, the State Department of Health shall prepare and make available, on its stable Internet website, a Complications of Induced Abortion Report for all physicians licensed and practicing in the State of Oklahoma. B. Subse…

Abortion Parental Consent Summary Report. A. Beginning in 2013, by June 1 of each year, the Department shall issue, on its stable Internet website, a public Annual Abortion Report providing statistics for the previous calendar year compiled from all of the reports covering that y…

rules – Claims brought by taxpayers. A. The State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners shall notify, by March 1, 2012, all physicians licensed to practice in this state over whom they have licensure authority of the requirements …

The Oklahoma Legislature, by joint resolution, may appoint one or more of its members who sponsored or cosponsored this act in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged. Added by Laws 2010, …

Abortion Reporting Act. A. Sections 1-738.3a, 1-738.13 and 1-740.4a of Title 63 of the Oklahoma Statutes shall become ineffective and of no binding force on the date specified in subsection B of this section, but if the Statistical Abortion Reporting Act is ever temporarily or pe…

provisions. If some or all of the provisions of Sections 1-738k, 1-738m and 1-738n of Title 63 of the Oklahoma Statutes, as amended by Sections 1, 2 and 3 of this act, are ever temporarily or permanently restrained or enjoined by judicial order, these sections shall be enforced a…

All hospitals shall keep records, including admission and discharge notes, histories, results of tests and examinations, nurses worksheets, social service records and progress notes of patients. All abortion facilities and hospitals in which abortions are performed shall also kee…

- Liability. Any person who performs an abortion on a minor without parental consent or knowledge shall be liable for the cost of any subsequent medical treatment such minor might require because of the abortion. Added by Laws 2001, c. 379, § 2, emerg. eff. June 4, 2001. NOTE: Ed…

As used in Sections 1-740.1 through 1-740.5 of this title: 1. "Abortion" means the term as is defined in Section 1-730 of this title; 2. "Medical emergency" means the existence of any physical condition, not including any emotional, psychological, or mental condition, which a rea…

abortion services, funding - Annual reports - Contracts for services - Rules. A. Before July 1, 2007, the State Department of Health shall establish and implement a program to facilitate funding to nongovernmental entities that provide alternatives-to-abortion services. The servi…

There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the "Alternatives-to-Abortion Services Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies …

A. A form created by the State Department of Health shall be used by physicians to obtain the consent required prior to performing an abortion on a minor who is not emancipated. B. A form is not valid, and therefore consent is not sufficient, unless: 1. A parent or legal guardian…

provisions. If some or all of the provisions of Sections 1-740.2 and 1-740.3 of Title 63 of the Oklahoma Statutes, as amended by Sections 1 and 3 of this act, are ever temporarily or permanently restrained or enjoined by judicial order, these sections shall be enforced as though …

This act shall be known and may be cited as the "Choosing Childbirth Act". Added by Laws 2017, c. 308, § 1, eff. Nov. 1, 2017.

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: a. kill the unborn child of a woman known to be pregnant, or b. terminate the pregnancy of a woman known to be …

for services. A. The State Department of Health shall make grants, as directed in subsection B of this section, from funds appropriated by the Legislature for the Choosing Childbirth Act. B. The purpose of the grants shall be to reimburse private organizations in this state for t…

The State Department of Health shall annually monitor and review any grant-supervising entity participating in the Choosing Childbirth Act and any private organization directly receiving a service grant from the Department to ensure that the grant- supervising entity or private o…

If any provision, word, phrase or clause of the Choosing Childbirth Act or the application thereof to any person or circumstance is held invalid, such invalidity shall make the entire Act invalid and to this end, the provisions, works, phrases and clauses of the Choosing Childbir…

A. Except in the case of a medical emergency, a physician may not perform an abortion on a pregnant female unless the physician has: 1. Obtained proof of age demonstrating that the female is not a minor; 2. Obtained proof that the female, although a minor, is emancipated; or 3. C…

There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the “Choosing Childbirth Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by th…

A. Prior to the court hearing for judicial waiver pursuant to Section 1-740.3 of Title 63 of the Oklahoma Statutes, the court may require the pregnant unemancipated minor to participate in an evaluation and counseling session with a mental health professional from the State Depar…