Title 63, Title 63 — Public Health and Safety

proceedings - Confidentiality - Appeal. A. If a pregnant unemancipated minor elects not to allow the request for written informed consent of her parent, any judge of a district court in the county in which the pregnant unemancipated minor resides shall, upon petition or motion, a…

civil liability. Performance of an abortion in knowing or reckless violation of Sections 1-740.1 through 1-740.5 of this title shall be a misdemeanor. Performance of an abortion in violation of Sections 1- 740.1 through 1-740.5 of this title shall be grounds for actual and puniti…

fee - Public report - Rules - Failure to post public report - Attorneys fees. A. Any physician performing an abortion upon an unemancipated minor shall complete and electronically transmit to the State Department of Health a report of the procedure within thirty (30) days after h…

A. A person who knowingly or recklessly uses a false governmental record or makes a fraudulent representation or statement in order to obtain an abortion for a minor in violation of this title or intentionally causes, aids, abets or assists an unemancipated minor to obtain an abo…

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 shall remain effective notwithstan…

If any court of law enjoins, suspends, or delays the implementation of the provisions of this act, the provisions of Sections 1-730, 1-738.1, 1-738.7, 1-740.1, 1-740.2 and 1-740.3 of Title 63 of the Oklahoma Statutes, as of December 31, 2006, are effective during the injunction, …

Exemptions. A. No private hospital, hospital director or governing board of a private hospital in Oklahoma, is required to permit abortions to be performed or induced in such hospital. Refusal to permit an abortion, in accordance with a standard policy, is not grounds for civil l…

state employee or agency prohibited - Exceptions - Use of public funds to encourage abortions prohibited. A. It shall be unlawful for any person employed by this state or any agency or political subdivision thereof, within the scope of the person’s employment, to perform or assis…

A. It is the intent of the Legislature that the birth of a child does not constitute a legally recognizable injury and that it is contrary to public policy to award damages because of the birth of a child or for the rearing of that child. B. For the purposes of this section: 1. "…

insurance plans - Elective abortion prohibited. A. Pursuant to the Patient Protection and Affordable Care Act, P.L. 111-148, all qualified health plans offered through an Exchange established in the state are prohibited from including elective abortion coverage. Nothing in this s…

or other entity - Penalties - Construction of act - Exceptions. A. 1. Any person who intentionally or knowingly pays to or accepts anything of value from any person, firm, association of persons, partnership or corporation for securing or soliciting patients for any health care p…

cost - Penalty. Any entity advertising mammography services must include in its advertising the total cost of the procedure. Any entity who has been determined to be in violation of this section by the State Board of Health, after notice and hearing by the Board, shall be subject…

This act shall be known and may be cited as the "Parental Notification for Abortion Act". Added by Laws 2013, c. 320, § 1, eff. Nov. 1, 2013. NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 8, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 2…

As used in the Parental Notification for Abortion Act: 1. "Parent" means one parent of the pregnant minor, or the guardian or conservator if the pregnant female has one; 2. "Abortion" means the use of any means intentionally to terminate the pregnancy of a female known to be preg…

No abortion shall be performed or induced upon an unemancipated minor or upon a female for whom a guardian or conservator has been appointed pursuant to the Oklahoma Guardianship and Conservatorship Act because of a finding of incompetency, until at least forty-eight (48) hours a…

Immediate notice shall not be required if the attending physician certifies in the pregnant female's record that, in reasonable medical judgment, a medical emergency exists and there is insufficient time to provide the prior notification required by Section 6 of this act. The att…

No notice shall be required under this act if: 1. The person who is entitled to notice states in notarized writing that he or she has been notified and the statement is placed in the female's medical record; or 2. The pregnant female declares that she is a victim of sexual or phy…

Performance of an abortion in knowing or reckless violation of this act shall be a misdemeanor. Performance of an abortion in violation of this act shall be grounds for a civil action pursuant to Sections 1-738.3f through 1-738.3k of Title 63 of the Oklahoma Statutes. Added by La…

provisions. If some or all of the provisions of Sections 1-740.2, 1-740.3 and 1-740.4 of Title 63 of the Oklahoma Statutes, as amended by Sections 2, 3 and 4 of this act, are ever temporarily or permanently restrained or enjoined by judicial order, these sections shall be enforce…

This act shall be known and may be cited as the "Pain-Capable Unborn Child Protection Act". Added by Laws 2011, c. 89, § 1, eff. Nov. 1, 2011. 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 …

A. If any one or more provisions, sections, subsections, sentences, clauses, phrases or words of the Pain-Capable Unborn Child Protection Act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and …

Nothing in the Pain-Capable Unborn Child Protection Act shall be construed as creating or recognizing a right to abortion. Added by Laws 2011, c. 89, § 11, eff. Nov. 1, 2011. NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 2, was itself repealed by Laws 2022,…

This act shall be known and may be cited as the "Heartbeat Informed Consent Act". Added by Laws 2012, c. 159, § 1, eff. Nov. 1, 2012. NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 4, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.

As used in the Heartbeat Informed Consent Act: 1. "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device to cause the premature termination of the pregnancy of a woman known to be pregnant with an intention other than to incre…

A. Any abortion provider who knowingly performs or induces any abortion shall comply with the requirements of the Heartbeat Informed Consent Act. B. Prior to a woman giving informed consent to having any part of an abortion performed or induced, if the pregnancy is at least eight…

A. The provisions of Section 4 of this act shall not apply to an abortion provider in the case that the abortion is necessary to avert the mother's death or in the case of a medical emergency. B. Upon a determination by an abortion provider under subsection A of this section that…

A. Any person who intentionally or recklessly performs or induces an abortion in violation of the Heartbeat Informed Consent Act shall be guilty of a misdemeanor. No penalty shall be assessed against the woman upon whom the abortion is performed or induced or attempted to be perf…

In every civil or criminal proceeding or action brought under the Heartbeat Informed Consent Act, the court shall rule whether the identity of any woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disc…

Nothing in the Heartbeat Informed Consent Act shall be construed as creating or recognizing a right to abortion. Added by Laws 2012, c. 159, § 8, eff. Nov. 1, 2012. NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 4, was itself repealed by Laws 2022, c. 133, §…

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 effectiv…

As used in the Pain-Capable Unborn Child Protection Act only: 1. "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the pr…

The Legislature of the State of Oklahoma finds that: 1. Pain receptors (nociceptors) are present throughout the unborn child's entire body by no later than sixteen (16) weeks after fertilization and nerves link these receptors to the brain's thalamus and subcortical plate by no l…

This act shall be known and may be cited as the "Oklahoma Heartbeat Act". Added by Laws 2022, c. 190, § 1, emerg. eff. May 3, 2022.

As used in this act: 1. "Fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac; 2. "Gestational age" means the amount of time that has elapsed from the first day of a woman's last menstrual period; …

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 h…

A. Except as provided by Sections 5 and 6 of this act, a physician shall not knowingly 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 or failed to perform a test to detect a f…

A. Sections 3 and 4 of this act shall not apply if a physician believes a medical emergency exists that prevents compliance with this act. B. A physician who performs or induces an abortion under circumstances described by subsection A of this section shall make written notations…

Preemption or intergovernmental immunity. Sections 3 and 4 of this act do not apply to an abortion performed at the behest of federal agencies, contractors, or employees that are carrying out duties under federal law, if a prohibition on that abortion would violate the doctrines …

This act shall not be construed to: 1. Create or recognize a right to abortion before a fetal heartbeat is detected; 2. Authorize the initiation of a cause of action against or the prosecution of a woman on whom an abortion is performed or induced or attempted to be performed or …

Notwithstanding any other law, the requirements of this act shall be enforced exclusively through a private civil action described in Section 9 of this act. No direct or indirect enforcement of this act may be taken or threatened by the state, a political subdivision, a district …

A. Any person, other than the state, its political subdivisions, and any officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who: 1. Performs or induces an abortion in violation of this act; 2. Knowingly engages i…

postfertilization age of unborn child. A. Except in the case of a medical emergency, no abortion shall be 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 postfertilizatio…

A. 1. A defendant against whom an action is brought under Section 9 of this act may assert an affirmative defense to liability under this section if: a. the defendant has standing to assert the rights of women seeking an abortion under the tests for third- party standing establis…

A. Notwithstanding any other law, a civil action brought under Section 9 of this act shall be brought in: 1. The county in which all or a substantial part of the events or omissions giving rise to the claim occurred; 2. The county of residence for any one of the natural person de…

A. Notwithstanding any other law, this state has sovereign immunity, a political subdivision has governmental immunity, and each officer and employee of this state or a political subdivision has official immunity in any action, claim, counterclaim, or any type of legal or equitab…

A. Notwithstanding any other law, any party including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision, any governmental entity or public official in this state, or any person in this state from enforcing …

A. Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state statute regulating abortion the Supreme Court of the United States held that an explicit statement of legislative intent is controlling, it is the intent of t…

age of unborn child is 20 or more weeks – Exceptions – Procedure for abortion. A. 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 induce the…

As used in this 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 …

Except as provided by Section 3 of this act, a person shall not knowingly perform or attempt to perform an abortion unless: 1. The abortion is necessary to save the life of a pregnant woman in a medical emergency; or 2. The pregnancy is the result of rape, sexual assault, or ince…