reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.17. Public disclosure of identity.

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 disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her identity should be preserved from public disclosure, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Such an order shall be accompanied by specific written findings explaining why the identity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced, anyone, other than a public official, who brings an action under Section 6 of this act shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
Added by Laws 2012, c. 159, § 7, 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NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 4, was itself repealed by Laws 2022, c. 133, § 2, emerg.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.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.18. Interpretation of statute.

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NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 4, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.19. Severability of act.

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 notwithstanding such unconstitutionality. The Oklahoma Legislature hereby declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.
Added by Laws 2012, c. 159, § 9, 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.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.32. Definitions.

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;
3. "Gestational sac" means the structure comprising the extraembryonic membranes that envelop the unborn child and that is typically visible by ultrasound after the fourth week of pregnancy;
4. "Physician" means an individual licensed to practice medicine in this state including a medical doctor and a doctor of osteopathic medicine;
5. "Pregnancy" means the human female reproductive condition that:
a.
begins with fertilization,
b.
occurs when the woman is carrying the developing human offspring, and
c.
is calculated from the first day of the woman's last menstrual period;
6. "Standard medical practice" means the degree of skill, care, and diligence that an obstetrician of ordinary judgment, learning, and skill would employ in like circumstances;
7. "Unborn child" means a human fetus or embryo in any stage of gestation from fertilization until birth; and
8. "Woman" and "women" include any person whose biological sex is female including any person with XX chromosomes and any person with a uterus, regardless of any gender identity that the person attempts to assert or claim.
Added by Laws 2022, c. 190, § 2, emerg. eff. May 3, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.33. Determining presence of fetal heartbeat.

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 her pregnancy.
B. Except as provided by Sections 5 and 6 of this act, an abortion may not be performed or induced on a pregnant woman unless a physician has determined, in accordance with this section, whether the woman's unborn child has a detectable fetal heartbeat.
C. In making a determination under subsection B of this section, the physician must use a test that is:
1. Consistent with the physician's good faith and reasonable understanding of standard medical practice; and
2. Appropriate for the estimated gestational age of the unborn child and the condition of the pregnant woman and her pregnancy.
D. A physician making a determination under subsection B of this section shall record in the pregnant woman's medical record:
1. The estimated gestational age of the unborn child;
2. The method used to estimate the gestational age; and
3. The test used for detecting a fetal heartbeat including the date, time, and results of the test.
Added by Laws 2022, c. 190, § 3, emerg. eff. May 3, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.34. Abortion not to be performed if heartbeat detected.

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 fetal heartbeat.
B. A physician shall not be in violation of this section if the physician performed a test for a fetal heartbeat as required by Section 3 of this act and did not detect a fetal heartbeat.
C. This section 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. 190, § 4, emerg. eff. May 3, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.35. Medical emergency.

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 in the pregnant woman's medical record of:
1. The physician's belief that a medical emergency necessitated the abortion; and
2. The medical condition of the pregnant woman that prevented compliance with this act.
C. A physician performing or inducing an abortion under this section shall maintain in the physician's practice records a copy of the notations made under subsection B of this section.
Added by Laws 2022, c. 190, § 5, emerg. eff. May 3, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.36. Federal agencies, contractors or employees – 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 of preemption or intergovernmental immunity.
Added by Laws 2022, c. 190, § 6, emerg. eff. May 3, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.37. Construction of act.

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 induced in violation of this act;
3. Wholly or partly repeal, either expressly or by implication, any other statute that regulates or prohibits abortion; or
4. Restrict a political subdivision from regulating or prohibiting abortion in any manner.
Added by Laws 2022, c. 190, § 7, emerg. eff. May 3, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.38. Enforcement.

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 attorney, or an executive or administrative officer or employee of this state or a political subdivision against any person or entity, in any manner whatsoever, except as provided in Section 9 of this act, and no violation of this act may be used to justify or trigger the enforcement of any other law or any type of adverse consequence under any other law, except as provided in Section 9 of this act; provided, that this section does not preclude enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation.
Added by Laws 2022, c. 190, § 8, emerg. eff. May 3, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.40. Affirmative defense.

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 established by the United States Supreme Court, and
b.
the imposition of civil liability on the defendant will result in an undue burden on a woman or group of women seeking an abortion.
2. The defendant shall bear the burden of proving the affirmative defense in this subsection by a preponderance of the evidence.
B. The affirmative defense under subsection A of this section shall not be available if the United States Supreme Court overrules Roe v. Wade, 410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505 U.S. 833 (1992), regardless of whether the conduct on which the cause of action is based under Section 9 of this act occurred before the Supreme Court overruled either of those decisions.
C. Nothing in this section or this act shall in any way limit or preclude a defendant from asserting the defendant's personal constitutional rights as a defense to liability under Section 9 of this act, and a court shall not award relief under Section 9 of this act if the conduct for which the defendant has been sued was an exercise of state or federal constitutional rights that personally belong to the defendant.
D. Nothing in this section or this act shall limit or preclude a defendant from asserting the unconstitutionality of any provision of this act as a defense to liability under Section 9 of this act.
Added by Laws 2022, c. 190, § 10, emerg. eff. May 3, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.41. Venue.

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 defendants at the time the cause of action accrued;
3. The county of the principal office in this state of any one of the defendants that is not a natural person; or
4. The county of residence for the claimant if the claimant is a natural person residing in this state.
B. If a civil action is brought under Section 9 of this act in any one of the venues described by subsection A of this section, the action shall not be transferred to a different venue without the written consent of all parties.
Added by Laws 2022, c. 190, § 11, emerg. eff. May 3, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.42. Sovereign, governmental, and official immunity.

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 equitable action that challenges the validity of any provision or application of this act, on constitutional grounds or otherwise, or that seeks to prevent or enjoin the state, its political subdivisions, or any officer or employee of this state or a political subdivision from enforcing any provision or application of this act, unless that immunity has been abrogated or preempted by federal law in a manner consistent with the Constitution of the United States.
B. Notwithstanding any other law, no provision of state law may be construed to waive or abrogate an immunity described by subsection A of this section unless it expressly waives immunity with specific reference to this section.
C. Notwithstanding any other law, no attorney representing this state, a political subdivision, or any officer or employee of this state or a political subdivision is authorized or permitted to waive an immunity described in subsection A or take any action that would result in a waiver of that immunity.
D. Notwithstanding any other law, no court of this state shall have jurisdiction to consider any action, claim, or counterclaim that seeks declaratory or injunctive relief to prevent this state, a political subdivision, any officer or employee of this state or a political subdivision, or any person from enforcing any provision or application of this act, or from filing a civil action under this act.
E. Nothing in this section or this act shall be construed to prevent a litigant from asserting the invalidity or unconstitutionality of any provision or application of this act as a defense to any action, claim, or counterclaim brought against that litigant.
Added by Laws 2022, c. 190, § 12, emerg. eff. May 3, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.43. Liability for costs and attorney fees.

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 any statute, ordinance, rule, regulation, or any other type of law that regulates or restricts abortion or that limits taxpayer funding for individuals or entities that perform or promote abortions, in any state or federal court, or that represents any litigant seeking such relief in any state or federal court, shall be jointly and severally liable for court costs and attorney fees of the prevailing party.
B. For purposes of this section, a party is considered a prevailing party with respect to a claim or cause of action if a state or federal court:
1. Dismisses that claim or cause of action brought against the party that seeks the declaratory or injunctive relief described by subsection A of this section, regardless of the reason for the dismissal; or
2. Enters judgment in the party's favor on that claim or cause of action.
C. Regardless of whether a prevailing party sought to recover court costs or attorney fees in the underlying action, a prevailing party under this section may bring a civil action to recover court costs and attorney fees against a party including an entity, attorney, or law firm, that sought declaratory or injunctive relief described by subsection A of this section not later than three (3) years after the date on which, as applicable:
1. The dismissal or judgment described by subsection B of this section becomes final on the conclusion of appellate review; or
2. The time for seeking appellate review expires.
D. It is not a defense to an action brought under subsection C of this section that:
1. A prevailing party under this section failed to seek recovery of court costs or attorney fees in the underlying action;
2. The court in the underlying action declined to recognize or enforce the requirements of this section; or
3. The court in the underlying action held that any provisions of this section are invalid, unconstitutional, or preempted by federal law, notwithstanding the doctrines of issue or claim preclusion.
Added by Laws 2022, c. 190, § 13, emerg. eff. May 3, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.51. Definitions.

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 any of those means will with reasonable likelihood cause the death of an unborn child. It does not include the use, prescription, administration, procuring, or selling of Plan B, morning-after pills, or any other type of contraception or emergency contraception. An act is not an abortion if the act is performed with the purpose to:
a.
save the life or preserve the health of the unborn child,
b.
remove a dead unborn child caused by spontaneous abortion, or
c.
remove an ectopic pregnancy;
2. "Fertilization" means the fusion of a human spermatozoon with a human ovum;
3. "Medical emergency" means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself;
4. "Unborn child" means a human fetus or embryo in any stage of gestation from fertilization until birth; and
5. "Woman" and "women" include any person whose biological sex is female, including any person with XX chromosomes and any person with a uterus, regardless of any gender identity that the person attempts to assert or claim.
Added by Laws 2022, c. 321, § 1, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.31 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.52. Abortion prohibited - Exceptions.

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 incest that has been reported to law enforcement.
Added by Laws 2022, c. 321, § 2, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.32 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.53. Application of federal law.

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 intergovernmental immunity.
Added by Laws 2022, c. 321, § 3, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.33 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.54. Enforcement.

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 district attorney, or an executive or administrative officer or employee of this state or a political subdivision against any person or entity, in any manner whatsoever, except as provided in Section 5 of this act, and no violation of this act may be used to justify or trigger the enforcement of any other law or any type of adverse consequence under any other law, except as provided in Section 5 of this act; provided, that this section does not preclude the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation, and that would remain prohibited by such other law or regulation in the absence of this act.
Added by Laws 2022, c. 321, § 4, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.34 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.56. Affirmative defense.

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 established by the United States Supreme Court, and
b.
the imposition of civil liability on the defendant will result in an undue burden on a woman or group of women seeking an abortion.
2. The defendant shall bear the burden of proving the affirmative defense in this subsection by a preponderance of the evidence.
B. The affirmative defense under subsection A of this section shall not be available if the United States Supreme Court overrules Roe v. Wade, 410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505 U.S. 833 (1992), regardless of whether the conduct on which the cause of action is based under Section 5 of this act occurred before the Supreme Court overruled either of those decisions.
C. Nothing in this section or this act shall in any way limit or preclude a defendant from asserting the defendant's personal constitutional rights as a defense to liability under Section 5 of this act, and a court shall not award relief under Section 5 of this act if the conduct for which the defendant has been sued was an exercise of state or federal constitutional rights that personally belong to the defendant.
D. Nothing in this section or this act shall limit or preclude a defendant from asserting the unconstitutionality of any provision of this act as a defense to liability under Section 5 of this act.
Added by Laws 2022, c. 321, § 6, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.36 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.57. Venue.

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 defendants at the time the cause of action accrued;
3. The county of the principal office in this state of any one of the defendants that is not a natural person; or
4. The county of residence for the claimant, if the claimant is a natural person residing in this state.
B. If a civil action is brought under Section 5 of this act in any one of the venues described by subsection A of this section, the action shall not be transferred to a different venue without the written consent of all parties.
Added by Laws 2022, c. 321, § 7, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.37 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.58. Immunity - Jurisdiction.

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 equitable action that challenges the validity of any provision or application of this act, on constitutional grounds or otherwise, or that seeks to prevent or enjoin the state, its political subdivisions, or any officer or employee of this state or a political subdivision from enforcing any provision or application of this act, unless that immunity has been abrogated or preempted by federal law in a manner consistent with the Constitution of the United States.
B. Notwithstanding any other law, no provision of state law may be construed to waive or abrogate an immunity described by subsection A of this section unless it expressly waives immunity with specific reference to this section.
C. Notwithstanding any other law, no attorney representing this state, a political subdivision, or any officer or employee of this state or a political subdivision is authorized or permitted to waive an immunity described in subsection A of this section or take any action that would result in a waiver of that immunity.
D. Notwithstanding any other law, no court of this state shall have jurisdiction to consider any action, claim, or counterclaim that seeks declaratory or injunctive relief against the state, a political subdivision, or any officer or employee of this state or a political subdivision in relation to this act.
E. Notwithstanding any other law, no court of this state shall have jurisdiction to consider any action, claim, or counterclaim that seeks declaratory or injunctive relief to prevent a private individual from enforcing any provision or application of this act, or from filing a civil action under this act.
F. Nothing in this section or act shall be construed to prevent a litigant from asserting the invalidity or unconstitutionality of any provision or application of this act as a defense to any action, claim, or counterclaim brought against that litigant.
Added by Laws 2022, c. 321, § 8, emerg. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.38 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-745.60. Application with other state abortion laws.

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. eff. May 25, 2022.
NOTE: Editorially renumbered from § 1-745.40 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-746.1. Definitions.

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 live birth, to preserve the life or health of the child after live birth, to remove an ectopic pregnancy or to remove a dead unborn child who died as a result of a spontaneous abortion, accidental trauma or a criminal assault on the pregnant female or her unborn child;
2. "Attempt to perform or induce an abortion" means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in Oklahoma in violation of this act;
3. "Fetal anomaly incompatible with life" means a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth. Fetal anomaly incompatible with life does not include conditions which can be treated;
4. "Medical emergency" means any condition which, on the basis of the physician's good-faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;
5. "Perinatal hospice" means comprehensive support that includes support from the time of diagnosis through the time of birth and death of the infant and through the postpartum period. Supportive care may include maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, psychiatrists, psychologists, or other mental health professionals, clergy, social workers, and specialty nurses; and
6. "Physician" means a person licensed to practice medicine in this state pursuant to Sections 495 and 633 of Title 59 of the Oklahoma Statutes.
Added by Laws 2014, c. 175, § 1, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-746.2. Voluntary and informed consent.

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, consent to an abortion is voluntary and informed if and only if, at least seventy-two (72) hours before the abortion:
1. In the case of a female seeking an abortion of her unborn child diagnosed with a fetal anomaly incompatible with life, the female is informed, by telephone or in person, by the physician who is to perform the abortion or the physician's agent:
a.
that perinatal hospice services are available,
b.
this service is an alternative to abortion,
c.
that she has the right to review the printed materials described in this section,
d.
that these materials are available on a state-sponsored website, and
e.
what the website address is where she can access this information.
The information required by this paragraph may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to have the printed materials given or mailed to her;
2. The physician or the physician's agent shall orally inform the female that the materials have been provided by the State of Oklahoma and that they list the places which offer perinatal hospice services both in her state and nationally. If the female chooses to view the materials other than on the website, they shall either be given to her at least seventy-two (72) hours before the abortion, or received by her at least seventy-two (72) hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee;
3. The female certifies in writing, prior to the abortion, that the information described in paragraphs 1 and 2 of this section has been furnished her, and that she has been informed of her opportunity to review the information referred to in paragraph 2 of this section; and
4. Prior to the performance of the abortion, the physician who is to perform the abortion or the physician's agent receives a copy of the written certification prescribed by paragraph 3 of this section. This certification shall be maintained in the female patient's file for not less than five (5) years.
Added by Laws 2014, c. 175, § 2, eff. Nov. 1, 2014. Amended by Laws 2015, c. 255, § 7, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 10, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-746.3. Printed materials to provide information.

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 available on the state website provided for in Section 4 of this act, the following printed materials in such a way as to ensure that the information is easily comprehensible: geographically indexed materials designed to inform the female who has been told her unborn child has a fetal anomaly incompatible with life of public and private agencies and services available to her which offer perinatal hospice and palliative care if she chooses to continue her pregnancy. The material shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they might be contacted or, at the option of the Board, printed materials including a toll-free, twenty-four-hour-a-day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer.
B. The materials referred to in subsection A of this section shall be printed in a typeface large enough to be clearly legible. The website provided for in Section 4 of this act shall be maintained at a minimum resolution of 70 DPI (dots per inch). All letters on the website shall be a minimum of 11-point font. All information shall be accessible with an industry standard browser, requiring no additional plug-ins.
C. The materials required under this section shall be available at no cost from the Board upon request and in appropriate number to any person, facility or hospital.
Added by Laws 2014, c. 175, § 3, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-746.4. Website to provide information.

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 Medical Licensure and Supervision shall monitor the website on a daily basis to prevent and correct tampering and shall immediately notify abortion providers of any change in the location of the material on its website.
B. The website:
1. Must use enhanced, user-friendly search capabilities to ensure that the information described in Section 2 of this act is easily accessible and must be searchable by keywords and phrases, specifically to ensure that entering the terms "abortion" and "fetal anomaly" yield the materials described in Section 2 of this act, regardless of how the materials are labeled;
2. Must ensure that the materials described in Section 2 of this act are printable;
3. Must give clear prominent instructions on how to receive the information in printed form; and
4. Must be accessible to the public without requiring registration or use of a user name, a password or another user identification.
Added by Laws 2014, c. 175, § 4, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-746.5. Medical emergency.

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 delay will create serious risk of substantial and irreversible impairment of a major bodily function.
Added by Laws 2014, c. 175, § 5, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-746.7. Violations - Penalties.

Any person who knowingly or recklessly performs or attempts to perform an abortion in violation of this act shall be guilty of a felony. No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed.
No penalty or civil liability may be assessed for failure to comply with paragraph 1 or 2 of Section 2 of this act or that portion of paragraph 3 of Section 2 of this act requiring a written certification that the female has been informed of her opportunity to review the information referred to in paragraph 1 of Section 2 of this act unless the Board has made the printed materials available at the time the physician or the physician's agent is required to inform the female of her right to review them.
Added by Laws 2014, c. 175, § 7, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-746.8. Violations – Civil actions for mother, father 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 1-738.3f through 1-738.3k of Title 63 of the Oklahoma Statutes against any person or entity which performed or induced or attempted to perform or induce the abortion in violation of this act, or against any person or entity which made a referral as defined in Sections 1-738.3f through 1-738.3k of Title 63 of the Oklahoma Statutes regarding this particular abortion. The procedure and remedy in a civil action brought pursuant to this section shall be the same as the procedure and remedy in other suits brought pursuant to Sections 1-738.3f through 1-738.3k of Title 63 of the Oklahoma Statutes.
Added by Laws 2014, c. 175, § 8, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-746.9. Anonymity in court proceedings.

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. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less-restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under Section 8 of this act shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
Added by Laws 2014, c. 175, § 9, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-746.10. Severability.

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 notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.
Added by Laws 2014, c. 175, § 10, eff. Nov. 1, 2014.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 9, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-747.1. Short title - Prioritization of Public Funding in the 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.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-747.2. Definitions.

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 and/or loans, and federal funds provided under Title V (42 U.S.C., Section 701 et seq.), Title X (42 U.S.C., Section 300 et seq.), Title XIX (42 U.S.C., Section 1396 et seq.), Title XX (42 U.S.C., Section 1397 et seq.) and Title X (42 U.S.C., Section 1786 et seq.);
2. "Federally qualified health center" means a health care provider that is eligible for federal funding under 42 U.S.C., Section 1396d(1)(2)(B);
3. "Rural health clinic" means a health care provider that is eligible for federal funding under 42 U.S.C., Section 1395x(aa)(2);
4. "Hospital" means a primary or tertiary care facility licensed as a hospital under the laws of this state; and
5. "Department" means the Oklahoma Health Care Authority or the State Department of Health.
Added by Laws 2013, c. 385, § 2, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-747.3. Order of priority.

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 priority:
1. To public entities;
2. To nonpublic hospitals, federally qualified health centers, and rural health clinics; and
3. To nonpublic health providers that have as their primary purpose the provision of the primary health care services enumerated in 42 U.S.C., Section 254b(a)(1).
Added by Laws 2013, c. 385, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-747.4. Cause of action.

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 with appropriate jurisdiction, or by the Attorney General.
Added by Laws 2013, c. 385, § 4, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-747.5. Severability.

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 Public Funding in the Purchasing of Family Planning and Counseling Services Act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases or words of the act, or the application of the act, would be declared unconstitutional.
Added by Laws 2013, c. 385, § 5, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-749. Preservation of fetal tissue extracted.

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 physician shall submit the tissue to the Oklahoma State Bureau of Investigation.
B. The Oklahoma State Bureau of Investigation shall adopt rules to implement the provisions of this section. Such rules shall contain, at a minimum:
1. The amount and type of fetal tissue to be preserved and submitted by a physician pursuant to the provisions of this section;
2. Procedures for the proper preservation of such tissue for the purposes of DNA testing and examination;
3. Procedures for documenting the chain of custody of such tissue for use as evidence;
4. Procedures for the proper disposal of fetal tissue preserved pursuant to this section;
5. A uniform reporting form mandated to be utilized by physicians when submitting fetal tissue under this section, which shall include the name and address of the physician submitting the fetal tissue and the name and complete address of residence of the parent or legal guardian of the minor upon whom the abortion was performed; and
6. Procedures for communication with law enforcement regarding evidence and information obtained pursuant to this section.
C. Failure of a physician to comply with any requirement of this section or any rule adopted thereunder:
1. Shall constitute unprofessional conduct pursuant to the provisions of Section 509 of Title 59 of the Oklahoma Statutes; and
2. Is a felony.
Added by Laws 2015, c. 386, § 2, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 14, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.