Title 63, Title 63 — Public Health and Safety

The prohibition in Section 2 of this act does 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 of preemption or intergovern…

Notwithstanding any other law, the requirements of this act shall be enforced exclusively through the private civil actions described in Section 5 of this act. No direct or indirect enforcement of this act may be taken or threatened by the state, a political subdivision, a distri…

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…

A. 1. A defendant against whom an action is brought under Section 5 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 5 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. 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 …

Public statistical report – Late fee. A. Any physician who performs or induces or attempts to perform or induce an abortion shall report to the State Department of Health, on a schedule and in accordance with forms and rules and regulations adopted and promulgated by the State Bo…

This act shall not affect any provision of state law that regulates or prohibits abortion including, but not limited to, any provision that restricts or regulates an abortion by a particular method or during a particular stage of pregnancy. Added by Laws 2022, c. 321, § 10, emerg…

Any person who knowingly or recklessly performs or induces or attempts to perform or induce an abortion in violation of the Pain- Capable Unborn Child Protection Act shall be guilty of a Class D2 felony offense. No penalty may be assessed against the woman upon whom the abortion …

Attorney fees. A. Any woman upon whom an abortion has been performed in violation of the Pain-Capable Unborn Child Protection Act, or the father of the unborn child who was the subject of such an abortion, may maintain an action against the person who performed or induced the abo…

was performed on. In every civil or criminal proceeding or action brought under the Pain-Capable Unborn Child Protection Act, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall …

As used in this act, the term: 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 l…

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…

No abortion shall be performed or induced or attempted to be performed or induced without the voluntary and informed consent of the female upon whom the abortion is to be performed or induced or attempted to be performed or induced. Except in the case of a medical emergency, cons…

A. Within ninety (90) days after this act is enacted, 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 two percent (2%) or more of the state's population, and shall cause to be avail…

A. The State Board of Medical Licensure and Supervision shall develop and maintain a stable Internet website to provide the information described under Section 2 of this act. No information regarding who uses the website shall be collected or maintained. The State Board of Medica…

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 death or that a twenty-four-hour de…

A. Within ninety (90) days after this act is enacted, the State Board of Medical Licensure and Supervision shall prepare a reporting form for physicians containing a reprint of this act and listing: 1. The number of females to whom the physician or an agent of the physician provi…

Any person who knowingly or recklessly performs or attempts to perform an abortion in violation of this act shall be guilty of a Class D2 felony offense. No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed. No penalty or …

grandparent. Any person upon whom an abortion has been performed or induced without this act being 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 maintain an action pursuant to Sections 1-738.3…

In every civil or criminal proceeding or 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. Th…

Purchasing of Family Planning and Counseling Services Act. This act shall be known as the "Prioritization of Public Funding in the Purchasing of Family Planning and Counseling Services Act". Added by Laws 2013, c. 385, § 1, eff. Nov. 1, 2013.

As used in the Prioritization of Public Funding in the Purchasing of Family Planning and Counseling Services Act: 1. "Public funds" means state funds from whatever source, including without limitation state general revenue funds, state special account and limited purpose grants a…

Subject to any applicable requirements of federal statutes, rules, regulations or guidelines, any expenditures or grants of public funds for family planning or counseling services by the State of Oklahoma, by and through the Department shall be made in the following order of prio…

A cause of action in law or equity for recoupment, declaratory or injunctive relief against any person who has intentionally violated the Prioritization of Public Funding in the Purchasing of Family Planning and Counseling Services Act may be maintained by a district attorney wit…

If any one or more provisions, sections, subsections, sentences, clauses, phrases or words 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 the Prioritization of Pu…

requirement - Violations - Penalties. A. The State Board of Health shall establish abortion facility supplies and equipment standards, including equipment required to be immediately available for use in an emergency. Such standards shall, at a minimum: 1. Specify required equipme…

A. Any physician who performs an abortion on a minor who is less than fourteen (14) years of age at the time of the abortion shall preserve, in accordance with rules promulgated by the Oklahoma State Bureau of Investigation, fetal tissue extracted during such abortion. The physic…

A. The State Board of Health shall establish policies and procedures for conducting pre-licensure and re-licensure inspections of abortion facilities. Prior to issuing or reissuing a license, the Department shall conduct an on-site inspection to ensure compliance with the rules p…

Severability. A. A person who intentionally, knowingly or recklessly violates any provision or requirement of this act, Section 1-729a et seq. of Title 63 of the Oklahoma Statutes or any rule or regulation adopted under Section 1-729a et seq. of Title 63 of the Oklahoma Statutes …

This act shall be known and may be cited as the "Humanity of the Unborn Child Act". Added by Laws 2016, c. 353, § 1, eff. Nov. 1, 2016. NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 15, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 20…

Promotion on social media platforms A. Utilizing funds appropriated to the Health Department specifically for the provisions of this act, the State Department of Health shall develop, update annually and maintain an electronic form containing information concerning public and pri…

informational materials – Community assistance. Contingent on the availability of funds being appropriated by the Legislature specifically for this purpose, the State Department of Health shall: 1. Develop and make available materials designed to provide accurate, scientifically …

Contingent on the availability of funds being appropriated by the Legislature specifically for this purpose and pursuant to Section 5 of this act, the State Department of Education, in collaboration with the State Department of Health, shall establish an instructional program for…

Fund. There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated as the "Public Education on the Humanity of the Unborn Child Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consis…

use – Required information for patients – Violations - Penalties. A. As used in this section: 1. "Abortion" means the use or prescription of any instrument, medicine, drug or any other substance or device: (a) to intentionally kill the unborn child of a woman known to be pregnant…

Protocol Act. This act shall be known and may be cited as the "Oklahoma Abortion-Inducing Drug Risk Protocol Act". Added by Laws 2021, c. 577, § 1, eff. Nov. 1, 2021.

A. A person who intentionally, knowingly or recklessly violates any provision of this act is guilty of a misdemeanor. B. A person who intentionally, knowingly or recklessly violates any provision of this act by fraudulent use of an abortion-inducing drug, with or without the know…

A. In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this act shall: 1. Provide a basis for a civil malpractice action for actual and punitive damages; 2. Provide a basis for a professional d…

A. Nothing in this act shall be construed as creating or recognizing a right to abortion. B. It is not the intention of this act to make lawful an abortion that is otherwise unlawful. C. Nothing in this act repeals, replaces or otherwise invalidates existing federal or state laws…

cases challenging constitutionality. The 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 act is ch…

If any one or more provisions, sections, subsections, sentences, clauses, phrases or words 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 ef…

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, …

Abortion-inducing drugs shall only be provided by a qualified physician following procedures laid out in this act. It shall be unlawful for any manufacturer, supplier, physician, qualified physician or any other person to provide any abortion-inducing drug via courier, delivery o…

A. The qualified physician providing an abortion-inducing drug shall examine the woman in person, and prior to providing an abortion-inducing drug, shall: 1. Independently verify that a pregnancy exists; 2. Determine the woman's blood type, and if she is Rh negative, be able to a…

state grounds. Notwithstanding any other provision of this act or the laws of this state, abortion-inducing drugs shall not be provided in any school facility or on state grounds including, but not limited to, elementary, secondary and institutions of higher education in this sta…

A. No abortion-inducing drug shall be provided without the informed consent of the pregnant woman as described in this section to whom the abortion-inducing drug is provided. B. Informed consent to a chemical abortion shall be obtained at least seventy-two (72) hours before the a…

abortion – Printed and website materials. A. The State Board of Medical Licensure and Supervision shall cause to be published in the state-prepared, printed materials on informed consent for abortion and the state-prepared and maintained website on informed consent for abortion t…

– Annual statistical report upon data gathered. A. For the purpose of promoting maternal health and adding to the sum of medical and public health knowledge through the compilation of relevant data, a report of each drug-induced abortion performed shall be made to the State Depar…