reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-711. Survey and inventory of hospitals and health centers.

The State Commissioner of Health shall conduct and make a survey and inventory of the location, size, and character of all existing public and private (proprietary as well as nonprofit) hospitals, community mental health facilities, health centers, and related health facilities within the State of Oklahoma; evaluate the sufficiency of such hospitals, community mental health facilities, health centers, and related health facilities to supply the necessary physical facilities for furnishing adequate hospital, clinical, and similar services to all people of the state; and compile data and conclusions, together with a statement of the additional facilities necessary, in conjunction with existing structures, to supply such services.
Laws 1963, c. 325, art. 7, § 711, operative July 1, 1963; Laws 1965, c. 36, § 2, emerg. eff. March 8, 1965.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-713. Standards of United States Surgeon General to be followed - Reports.

The State Commissioner of Health, in making the survey and inventory of existing hospitals, health centers, community mental health facilities, and related health facilities, and in developing programs for the construction of public and other nonprofit health facilities, shall carry out such purposes in accordance with standards prescribed by the Surgeon General of the United States Public Health Service with the approval of the Federal Hospital Advisory Council. The Commissioner shall make such reports, in such form and containing such information, as the Surgeon General of the United States Public Health Service may from time to time require, and shall comply with requirements of the Surgeon General as will assure the correctness and the verification of such reports.
Laws 1963, c. 325, art. 7, § 713; Laws 1965, c. 36, § 4, emerg. eff. March 8, 1965.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-719. Bonds of counties, cities and towns.

Any county, city, or town is hereby authorized to issue bonds for constructing and equipping a hospital, community mental health facility, public health center, or related health facility, to be owned and operated by such county, city, or town in accordance with standards approved by the State Commissioner of Health; provided, that such bonds may be issued to construct a jointly owned and operated hospital, community mental health facility, public health center, or related health facility, by two or more counties, or by one or more counties and a city or cities, or by two or more cities. Except as provided in the Municipal and County Economic and Community Development Bonds Act pursuant to Section 800 et seq. of Title 62 of the Oklahoma Statutes, the bonds shall be issued upon the assent thereto of three-fifths (3/5) of the voters of the subdivision issuing the bonds, voting at an election held for that purpose. The proposition voted on shall state specifically the type of hospital facility to be constructed. Such election shall be called by the governing board or managing body of such subdivision. Notice of the election shall be published for two (2) successive weeks in a weekly or daily newspaper, having a general circulation in the subdivision. The bonds shall be made to mature serially as now provided by law and shall be sold at an advertised sale under existing laws. The rate of interest shall not exceed eight percent (8%) per annum. The bonds shall be submitted to the Attorney General for his approval as ex officio Bond Commissioner of the state.
Added by Laws 1963, c. 325, art. 7, § 719. Amended by Laws 1965, c. 36, § 9, emerg. eff. March 8, 1965; Laws 1970, c. 286, § 10, emerg. eff. April 27, 1970; Laws 2022, c. 155, § 2, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-722. Electronic- or computer-generated signatures of physician.

Electronic- or computer-generated signatures of a physician are acceptable as authentication and may be used in any place in the medical record where a physician's signature is required, including, but not limited to, all medical orders, if the signature is generated by a confidential code which only the user possesses and the following safeguards are adhered to:
1. The physician signs and then files a statement in the hospital administrator's office which states that:
a.
the physician will use an electronic- or computer-generated signature to authenticate his entries in the medical record,
b.
the signature will be generated by a confidential code which only the physician possesses, and
c.
no person other than the physician will be permitted to use the signature;
2. The physician's use of an electronic- or computer-generated signature is approved in writing by the hospital's administrator and medical record committee;
3. The electronic- or computer-generated signature is the full, legal name of the physician and includes the physician's professional title; and
4. Rules and regulations pertaining to electronic-generated signatures as provided in this act shall be promulgated by the State Board of Health.
Added by Laws 1993, c. 124, § 1, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-723. Primary Health Care Development Revolving Fund.

A. There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the "Primary Health Care Development Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of appropriations, grants, gifts and other money obtained pursuant to this act.
B. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health for the enhancement and establishment of federally qualified health centers or federally qualified look-alike community health centers, as defined by 42 U.S.C., Section 13986d(1)(2)(B).
C. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2005, c. 253, § 1, eff. July 1, 2005. Amended by Laws 2012, c. 304, § 484.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-723.2. Discount program for qualified self-pay patients - Defense in collection action.

A. Each hospital in this state shall establish a discount program for hospital charges for qualified self-pay patients who have household incomes of up to three hundred percent (300%) of the federal poverty guidelines. This discount program shall not be required for patients who are eligible for or enrolled in private or public insurance plans providing hospital coverage, including indemnity plans.
B. While a hospital may set uniform prices for its services, products, and fees, qualified self-pay patients shall be eligible for minimum discounts from the hospital so that the hospital charge after the discount shall not exceed the greater of the amount Medicare would pay for the same services, or the cost of services as determined by multiplying the hospital’s whole cost-to-charge ratio by the billed charges.
C. It shall be the responsibility of the patient to establish their eligibility for the discount.
D. The provisions of this section do not apply to procedures that are not medically necessary as determined by the treating physician.
E. In a collection action brought by the hospital, a patient may assert the provisions of this section as a defense to the action. To be available as a defense, the patient must establish eligibility for the discount by proving:
1. The household income of the patient is below three hundred percent (300%) of the federal poverty guidelines; and
2. The patient is not eligible or enrolled in private or public insurance plans providing hospital coverage.
If the elements are established, the hospital is limited in its collection efforts to the greater of the amount Medicare would pay for the same services, or the cost of services as determined by multiplying the hospital’s whole cost-to-charge ratio by the billed charges.
Added by Laws 2006, c. 315, § 11, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-724. Health centers – Contracts, donations, and grants.

A. The State Department of Health is authorized to enter into contracts, based on the availability of funding, to promote the establishment of new facilities in Oklahoma which will qualify as federally qualified health centers (FQHC) or federally qualified look-alike community health centers, as defined by 42 U.S.C., Section 13986d(1)(2)(B) including:
1. Contracts to provide for community planning and development;
2. Contracts to provide for grants or grant writing to apply for federal 330 FQHC funding; and
3. Contracts for transitional operating support.
B. The State Department of Health is authorized to accept donations of land, property, buildings, equipment and gifts of money or other objects of value for the purpose of establishing or expanding federally qualified health centers.
C. The State Department of Health is authorized to utilize grant funds, donations and other funds made available to the Department for the purpose of establishing or expanding federally qualified health centers, to the extent funds are available.
D. The State Department of Health may enter into agreements with public or private entities as necessary for the purpose of establishing new federally qualified health centers.
Added by Laws 2005, c. 253, § 3, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-725.2. Definitions.

As used in the Transparency in Health Care Prices Act:
1. "Agency" means a government department, agency or a government-created entity;
2. "CPT code" means the Current Procedural Terminology code, or its successor code, as developed and copyrighted by the American Medical Association or its successor entity;
3. "Health care facility" means a facility licensed or certified by the State Department of Health, but shall not include a nursing care facility, assisted living facility or home care agency;
4. "Health care price" means the cash price that a health care provider or health care facility will charge a recipient for health care services that will be rendered. Health care price is the price charged for the standard service for the particular diagnosis and does not include any amount that may be charged for complications or exceptional treatment;
5. "Health care provider" means a person who is licensed, certified or registered by this state to provide health care services or a medical group, independent practice association or professional corporation providing health care services;
6. "Health care services" or "services" means services included in, or incidental to, furnishing to an individual:
a.
medical, mental, dental or optometric care or hospitalization, or
b.
other services for the purpose of preventing, alleviating, curing or healing a physical or mental illness or injury;
7. "Recipient" means an individual who receives health care services from a health care provider or health care facility; and
8. "Specialty service line" means health care services rendered by a specific medical specialist to include, but not be limited to:
a.
general surgery,
b.
obstetrics or gynecology,
c.
cardiology,
d.
urology,
e.
ophthalmology,
f.
neurology/neurosurgery,
g.
orthopedics,
h.
hematology/oncology,
i.
pathology,
j.
radiology,
k.
emergency medicine,
l.
physical therapy, or
m.
another specialty service provided by a health care facility.
Added by Laws 2021, c. 371, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-725.3. Publicly available prices for common services.

A. A health care provider shall make available to the public, in a single document, either electronically or by posting conspicuously on the provider's website if one exists, the health care prices for at least the twenty most common health care services the health care provider provides. If the health care provider, in the normal course of his or her practice, regularly provides fewer than twenty health care services, the health care provider shall make available the health care prices for the health care services the provider most commonly provides.
B. The health care provider shall identify the services by:
1. A Current Procedural Terminology code or other coding system commonly used by the health care provider and accepted as a national standard for billing; and
2. A plain English description.
C. The health care provider shall update the document as frequently as the health care provider deems appropriate, but at least annually.
Added by Laws 2021, c. 371, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-725.4. Prices required for certain services.

A. A health care facility shall make available to the public, in a single document, either electronically or by posting conspicuously on its website if one exists, the health care prices for at least:
1. The twenty most used diagnosis-related group codes or other codes for inpatient health care services per specialty service line used by the health care facility for billing; and
2. The twenty most used outpatient CPT codes or health care services procedure codes per specialty service line used for billing.
B. A health care facility shall include with the health care prices provided pursuant to subsection A of this section a plain English description of the services for which the health care prices are provided.
C. The health care facility shall update the document as frequently as it deems appropriate, but at least annually.
Added by Laws 2021, c. 371, § 4, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-725.5. Agency review of prices prohibited.

A. Nothing in the Transparency in Health Care Prices Act shall require a health care facility or health care provider to report its health care prices to any agency for review, filing or other purposes, or for applications for health care professional loan repayment. The Transparency in Health Care Prices Act shall not grant any agency the authority to approve, disapprove or limit a health care facility's or health care provider's health care prices or change its health care prices.
B. Nothing in this act shall impair contracts between private parties.
Added by Laws 2021, c. 371, § 5, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-727. Human cloning.

A. As used in this section, the term:
1. "Human cloning" means human asexual reproduction, accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism (at any stage of development) with a human genetic constitution;
2. "Somatic cell" means a diploid cell (having a complete set of chromosomes) obtained or derived from a living or deceased human body at any stage of development;
3. "Nucleus" means the cell structure that houses the chromosomes, and thus the genes; and
4. "Oocyte" means the female germ cell, the egg.
B. It shall be unlawful for any person or entity, public or private, to:
1. Perform or attempt to perform human cloning;
2. Participate in an attempt to perform human cloning;
3. Ship, transfer, or receive the product of human cloning for any purpose; or
4. Import the product of human cloning for any purpose.
C. Nothing in this section shall restrict areas of scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.
D. Any person or entity that is convicted of violating any provision of this section shall be guilty of a misdemeanor.
Added by Laws 2009, c. 223, § 1, eff. Nov. 1, 2009.
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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-728a. Short title.

This act shall be known and may be cited as the "Freedom of Conscience Act".
Added by Laws 2010, c. 47, § 1, emerg. eff. April 2, 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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-728b. Definitions.

As used in the Freedom of Conscience Act:
1. "Health care facility" means any public or private organization, corporation, authority, partnership, sole proprietorship, association, agency, network, joint venture, or other entity that is involved in providing health care services, including a hospital, clinic, medical center, ambulatory surgical center, private physician's office, pharmacy, nursing home, university hospital, medical school, nursing school, medical training facility, inpatient health care facility, or other place where health care services are provided;
2. "Human embryo" means a human organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells;
3. "In vitro human embryo" means a human embryo, whether cryopreserved or not, living outside of a woman's body;
4. "Participate in" means to perform, practice, engage in, assist in, recommend, counsel in favor of, make referrals for, prescribe, dispense, or administer drugs or devices or otherwise promote or encourage; and
5. "Person" means any individual, corporation, industry, firm, partnership, association, venture, trust, institution, federal, state or local governmental instrumentality, agency or body or any other legal entity however organized.
Added by Laws 2010, c. 47, § 2, emerg. eff. April 2, 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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-728c. Prohibits employer discrimination - Applicable circumstances.

An employer shall not discriminate against an employee or prospective employee by refusing to reasonably accommodate the religious observance or practice of the employee or prospective employee, unless the employer can demonstrate that the accommodation would pose an undue hardship on the program, enterprise, or business of the employer, in the following circumstances:
1. An abortion as defined in Section 1-730 of Title 63 of the Oklahoma Statutes. The provisions of this section shall not apply if the pregnant woman suffers from a physical disorder, physical injury, or physical illness which, as certified by a physician, causes the woman to be in imminent danger of death unless an abortion is immediately performed or induced and there are no other competent personnel available to attend to the woman. As used in this act, the term "abortion" shall not include the prescription of contraceptives;
2. An experiment or medical procedure that destroys an in vitro human embryo or uses cells or tissue derived from the destruction of an in vitro human embryo;
3. An experiment or medical procedure on an in vitro human embryo that is not related to the beneficial treatment of the in vitro human embryo;
4. An experiment or medical procedure on a developing child in an artificial womb, at any stage of development, that is not related to the beneficial treatment of the developing child;
5. A procedure, including a transplant procedure, that uses fetal tissue or organs that come from a source other than a stillbirth or miscarriage; or
6. An act that intentionally causes or assists in causing the death of an individual by assisted suicide, euthanasia, or mercy killing.
Added by Laws 2010, c. 47, § 3, emerg. eff. April 2, 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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-728d. No requirement to admit patients - Employee refusal to participate and immunity.

A. No health care facility is required to admit any patient or to allow the use of the health care facility for the purpose of performing any of the acts specified in Section 3 of this act.
B. A physician, physician's assistant, registered nurse, practical nurse, pharmacist, or any employee thereof, or any other person who is an employee of, member of, or associated with the staff of a health care facility in which the performance of an activity specified in Section 3 of this act has been authorized, who in writing, refuses or states an intention to refuse to participate in the activity on moral or religious grounds shall not be required to participate in the activity and shall not be disciplined by the respective licensing board or authorized regulatory department for refusing or stating an intention to refuse to participate in the practice with respect to the activity.
C. A physician, physician's assistant, registered nurse, practical nurse, pharmacist, or any employee thereof, or any other person who is an employee of, member of, or associated with the staff of a health care facility is immune from liability for any damage caused by the refusal of the person to participate in an activity specified in Section 3 of this act on moral or religious grounds.
Added by Laws 2010, c. 47, § 4, emerg. eff. April 2, 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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-728e. Discrimination - Circumstances - Prohibitions.

A. No health care facility, school, or employer shall discriminate against any person with regard to admission, hiring or firing, tenure, term, condition, or privilege of employment, student status, or staff status on the ground that the person refuses or states an intention to refuse, whether or not in writing, to participate in an activity specified in Section 3 of this act, if the refusal is based on religious or moral precepts.
B. No person shall be required to:
1. Participate in an activity specified in Section 3 of this act if the individual's participation in the activity is contrary to the person's religious beliefs or moral convictions;
2. Make facilities available for an individual to participate in an activity specified in Section 3 of this act if the person prohibits the activity from taking place in the facilities on the basis of religious beliefs or moral convictions; or
3. Provide any personnel to participate in an activity specified in Section 3 of this act if the activity is contrary to the religious beliefs or moral convictions of the personnel.
Added by Laws 2010, c. 47, § 5, emerg. eff. April 2, 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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-728f. Ability to sue - Damages.

A. For the purposes of this section, "damages" do not include noneconomic damages, as defined in Section 1-1708.1C of Title 63 of the Oklahoma Statutes.
B. A person who is adversely affected by conduct that is in violation of the Freedom of Conscience Act may bring a civil action for equitable relief, including reinstatement or damages, or both reinstatement and damages. An action under this subsection may be commenced against the state and any office, department, independent agency, authority, institution, association, or other body in state government created or authorized to be created by the state constitution or any law. In an action under this subsection, the court shall award reasonable attorney fees to a person who obtains equitable relief, damages, or both. An action under this subsection shall be commenced within one (1) year after the cause of action accrues or be barred.
Added by Laws 2010, c. 47, § 6, emerg. eff. April 2, 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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-729.1. Physician presence for abortion-inducing drugs.

When RU-486 (mifepristone) or any other drug or chemical is used for the purpose of performing or inducing an abortion, the physician who is prescribing, dispensing, or otherwise providing the drug or chemical shall be physically present, in person, in the same room as the patient when the drug or chemical is first provided to the patient.
Added by Laws 2012, c. 170, § 1, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-729.2. Violation of act - Penalties.

Any person who knowingly or recklessly violates this act shall be guilty of a felony. No penalty may be assessed against the female upon whom the abortion is performed or induced or attempted to be performed or induced.
Added by Laws 2012, c. 170, § 2, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-729.4. Anonymity of woman upon whom abortion is performed.

In every proceeding or action brought under this act, the anonymity of any woman upon whom an abortion is performed or induced or attempted to be performed or induced shall be preserved from public disclosure unless she gives her consent to such disclosure. The court, upon motion or sua sponte, 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. In the absence of written consent of the woman upon whom an abortion has been performed or induced or has been attempted to be performed or induced, anyone who brings an action under Section 3 of this act shall do so under a pseudonym.
Added by Laws 2012, c. 170, § 4, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-729.5. Immunity from civil action.

No pregnant female who obtains or possesses RU-486 (mifepristone) or any other drug or chemical for the purpose of performing or inducing an abortion to terminate her own pregnancy shall be subject to any action brought under Section 3 of this act.
Added by Laws 2012, c. 170, § 5, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-729.6. Interpretation of act.

Nothing in this act shall be construed as creating or recognizing a right to abortion.
Added by Laws 2012, c. 170, § 6, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-729.7. Severability of act.

If any one or more provision, section, subsection, sentence, clause, phrase or word of this act or the application hereof 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 2012, c. 170, § 7, eff. Nov. 1, 2012.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 3, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-730. Definitions.

A. As used in this article:
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 the result of a spontaneous miscarriage, accidental trauma, or a criminal assault on the pregnant female or her unborn child;
2. "Attempt to perform 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;
3. "Certified technician" means a Registered Diagnostic Medical Sonographer who is certified in obstetrics and gynecology by the American Registry for Diagnostic Medical Sonography (ARDMS) or a Nurse Midwife or Advance Practice Nurse Practitioner in Obstetrics with certification in obstetrical ultrasonography;
4. "Unborn child" or "unborn person" means the unborn offspring of human beings from the moment of conception, through pregnancy, and until live birth including the human conceptus, zygote, morula, blastocyst, embryo and fetus;
5. "Unemancipated minor" means any person less than eighteen (18) years of age who is not or has not been married or who is under the care, custody, and control of the person's parent or parents, guardian, or juvenile court of competent jurisdiction;
6. "Viable" means potentially able to live outside of the womb of the mother upon premature birth, whether resulting from natural causes or an abortion;
7. "Conception" means the fertilization of the ovum of a female individual by the sperm of a male individual;
8. "Health" means physical or mental health;
9. "Department" means the State Department of Health; and
10. "Inducing an abortion" means the administration by any person, including the pregnant woman, of any substance designed or intended to cause an expulsion of the unborn child, effecting an abortion as defined above.
B. Nothing contained herein shall be construed in any manner to include any contraceptive device or medication or sterilization procedure.
Added by Laws 1978, c. 207, § 2, eff. Oct. 1, 1978. Amended by Laws 2007, c. 161, § 1, eff. Nov. 1, 2007; Laws 2009, c. 227, § 1, eff. Nov. 1, 2009; Laws 2020, c. 149, § 3, eff. Nov. 1, 2020.
NOTE: Laws 2007, c. 161 was presented to the Governor and became law without his signature pursuant to § 11 of Article VI of the Oklahoma Constitution. It was filed in the Office of the Secretary of State on May 24, 2007.
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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-731. Persons who may perform abortions - Violations.

A. No person shall perform or induce an abortion upon a pregnant woman unless that person is a physician licensed to practice medicine in the State of Oklahoma who is board-certified in obstetrics and gynecology. Any person violating this section shall be guilty of a felony punishable by imprisonment for not less than one (1) year nor more than three (3) years in the custody of the Department of Corrections.
B. No person shall perform or induce an abortion upon a pregnant woman subsequent to the end of the first trimester of her pregnancy, unless such abortion is performed or induced in a general hospital.
Added by Laws 1978, c. 207, § 3, eff. Oct. 1, 1978. Amended by Laws 1997, c. 133, § 523, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 379, eff. July 1, 1999; Laws 2021, c. 211, § 1, eff. Nov. 1, 2021.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 523 from July 1, 1998, to July 1, 1999.
NOTE: This section was amended by Laws 2021, c. 211, § 1 before being repealed by Laws 2021, c. 308, § 1.
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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-731.3. Detectable heartbeat – Abortion prohibited.

A. No person shall perform or induce an abortion upon a pregnant woman without first detecting whether or not her unborn child has a heartbeat. No person shall perform or induce an abortion upon a pregnant woman after such time as her unborn child has been determined to have a detectable heartbeat except if, in reasonable medical judgment, she has a condition that so complicates her medical condition that it necessitates the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No such condition may be determined to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
B. A "detectable heartbeat" shall mean embryonic or fetal cardiac activity or the steady or repetitive rhythmic contract of the heart within the gestational sac.
C. "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
D. Any person violating subsection A of this section shall be guilty of homicide.
Added by Laws 2021, c. 219, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-731.4. Abortion prohibited – Exception - Penalties.

A. As used in this section:
1. The terms "abortion" and "unborn child" shall have the same meaning as provided by Section 1-730 of Title 63 of the Oklahoma Statutes; and
2. "Medical emergency" means a condition which cannot be remedied by delivery of the child 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.
B. 1. Notwithstanding any other provision of law, a person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.
2. A person convicted of performing or attempting to perform an abortion shall be guilty of a felony punishable by a fine not to exceed One Hundred Thousand Dollars ($100,000.00), or by confinement in the custody of the Department of Corrections for a term not to exceed ten (10) years, or by such fine and imprisonment.
3. This section does not:
a.
authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child, or
b.
prohibit the sale, use, prescription or administration of a contraceptive measure, drug or chemical if the contraceptive measure, drug or chemical is administered before the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure, drug or chemical is sold, used, prescribed or administered in accordance with manufacturer instructions.
4. It is an affirmative defense to prosecution under this section if a licensed physician provides medical treatment to a pregnant woman which results in the accidental or unintentional injury or death to the unborn child.
Added by Laws 2022, c. 11, § 1.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-733. Self-induced abortions.

No woman shall perform or induce an abortion upon herself, except under the supervision of a duly licensed physician. Any physician who supervises a woman in performing or inducing an abortion upon herself shall fulfill all the requirements of this article which apply to a physician performing or inducing an abortion.
Added by Laws 1978, c. 207, § 5, eff. Oct. 1, 1978. Amended by Laws 1997, c. 133, § 525, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 525 from July 1, 1998, to July 1, 1999.
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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-734. Live-born fetus - Care and treatment.

A. No person shall purposely take the life of a child born as a result of an abortion or attempted abortion which is alive when partially or totally removed from the uterus of the pregnant woman.
B. No person shall purposely take the life of a viable child who is alive while inside the uterus of the pregnant woman and may be removed alive therefrom without creating any significant danger to her life or health.
C. Any person who performs, induces, or participates in the performance or inducing of an abortion shall take all reasonable measures to preserve the life of a child who is alive when partially or totally removed from the uterus of the pregnant woman, so long as the measures do not create any significant danger to her life or health.
D. Any person violating this section shall be guilty of homicide.
Added by Laws 1978, c. 207, § 6, eff. Oct. 1, 1978. Amended by Laws 1997, c. 133, § 526, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 526 from July 1, 1998, to July 1, 1999.
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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-735. Sale of child, unborn child or remains of child - Experiments.

A. No person shall sell a child, an unborn child or the remains of a child or an unborn child resulting from an abortion. No person shall experiment upon a child or an unborn child resulting from an abortion or which is intended to be aborted unless the experimentation is therapeutic to the child or unborn child.
B. No person shall experiment upon the remains of a child or an unborn child resulting from an abortion. The term "experiment" does not include autopsies performed according to law.
Added by Laws 1978, c. 207, § 7, eff. Oct. 1, 1978.
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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-736. Hospitals - Advertising of counseling to pregnant women.

No hospital in which abortions are performed or induced shall advertise or hold itself out as also providing counseling to pregnant women, unless:
1. The counseling is done by a licensed physician, a licensed registered nurse or by a person holding at least a bachelor's degree from an accredited college or university in psychology or some similarly appropriate field;
2. The counseling includes factual information, including explicit discussion of the development of the unborn child; and
3. The counseling includes a thorough discussion of the alternatives to abortion and the availability of agencies and services to assist her if she chooses not to have an abortion.
Laws 1978, c. 207, § 8, eff. Oct. 1, 1978.
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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-737. Hospitals which may perform abortions.

An abortion otherwise permitted by law shall be performed only in a hospital, as defined in this article, which meets standards set by the Department. The Department shall develop and promulgate reasonable standards relating to abortions.
Added by Laws 1978, c. 207, § 9, eff. Oct. 1, 1978.
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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-737.4. Required signage in abortion facilities.

A. Any private office, freestanding outpatient clinic, or other facility or clinic in which abortions, other than abortions necessary to prevent the death of the pregnant female, are performed, induced, prescribed for, or where the means for an abortion are provided shall conspicuously post a sign in a location defined in subsection C of this section so as to be clearly visible to patients, which reads:
Notice: It is against the law for anyone, regardless of his or her relationship to you, to force you to have an abortion. By law, we cannot perform, induce, prescribe for, or provide you with the means for an abortion unless we have your freely given and voluntary consent. It is against the law to perform, induce, prescribe for, or provide you with the means for an abortion against your will. You have the right to contact any local or state law enforcement agency to receive protection from any actual or threatened physical abuse or violence.
There are public and private agencies willing and able to help you carry your child to term, have a healthy pregnancy and a healthy baby and assist you and your child after your child is born, whether you choose to keep your child or place him or her for adoption. The State of Oklahoma strongly encourages you to contact them if you are pregnant.
B. The sign required pursuant to subsection A of this section shall be printed with lettering that is legible and shall be at least three-quarters-of-an-inch boldfaced type.
C. A facility in which abortions are performed, induced, prescribed for, or where the means for an abortion are provided that is a private office or a freestanding outpatient clinic shall post the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed, induced, prescribed for, or who are provided with the means for an abortion. A hospital or any other facility in which abortions are performed, induced, prescribed for, or where the means for an abortion are provided that is not a private office or freestanding outpatient clinic shall post the required sign in each patient admission area used by patients on whom abortions are performed, induced, prescribed for, or by patients who are provided with the means for an abortion.
Added by Laws 2010, c. 163, § 1, emerg. eff. April 22, 2010. Amended by Laws 2017, c. 123, § 1, eff. July 1, 2017.
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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-737.5. Failure to post signage in abortion facilities – Fine – Cause of action.

A. Any private office, freestanding outpatient clinic or other facility or clinic that fails to post a required sign in knowing, reckless, or negligent violation of this act shall be assessed an administrative fine of Ten Thousand Dollars ($10,000.00). Each day on which an abortion, other than an abortion necessary to prevent the death of the pregnant female, is performed, induced, prescribed for, or where the means for an abortion are provided in a private office, freestanding outpatient clinic or other facility or clinic in which the required sign is not posted during any portion of business hours when patients or prospective patients are present is a separate violation.
B. An action may be brought by or on behalf of an individual injured by the failure to post the required sign. A plaintiff in an action under this subsection may recover damages for emotional distress and any other damages allowed by law.
C. The sanctions and actions provided in this section shall not displace any sanction applicable under other law.
Added by Laws 2010, c. 163, § 2, emerg. eff. April 22, 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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-737.6. Orally inform minors in abortion facilities – Minor certification.

A. If the pregnant female is a minor, the attending physician shall orally inform the female that no one can force her to have an abortion and that an abortion cannot be performed, induced, prescribed for, or that the means for an abortion cannot be provided unless she provides her freely given, voluntary, and informed consent.
B. The minor female shall certify in writing, prior to the performance of, induction of, receiving the prescription for, or provision of the means for the abortion, that she was informed by the attending physician of the required information in subsection A of this section. A copy of the written certification shall be placed in the minor’s file and kept for at least seven (7) years or for five (5) years after the minor reaches the age of majority, whichever is greater.
Added by Laws 2010, c. 163, § 3, emerg. eff. April 22, 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, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-737.7. Short title - Oklahoma Unborn Child Protection from Dismemberment Abortion Act.

This act shall be known and may be cited as the "Oklahoma Unborn Child Protection from Dismemberment Abortion Act".
Added by Laws 2015, c. 59, § 1, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-737.9. Unlawful dismemberment abortions - Exceptions.

A. Notwithstanding any other provision of law, it shall be unlawful for any person to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn child's mother.
B. A person accused in any proceeding of unlawful conduct under subsection A of this section may seek a hearing before the State Board of Medical Licensure and Supervision on whether the dismemberment abortion was necessary to prevent serious health risk to the unborn child's mother. The Board's findings are admissible on that issue at any trial in which such unlawful conduct is alleged. Upon a motion of the person accused, the court shall delay the beginning of the trial for not more than thirty (30) days to permit such a hearing to take place.
C. No woman upon whom an abortion is performed or attempted to be performed shall be thereby liable for performing or attempting to perform a dismemberment abortion. No nurse, technician, secretary, receptionist or other employee or agent who is not a physician but who acts at the direction of a physician and no pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician shall be thereby liable for performing or attempting to perform a dismemberment abortion.
Added by Laws 2015, c. 59, § 3, eff. Nov. 1, 2015.
NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 12, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.