1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 538 By: Treat
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6 AS INTRODUCED
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7 An Act relating to childbirth; amending 63 O.S. 2021,
7 Section 1-740.16, which relates to definitions used
8 in the Choosing Childbirth Act; modifying definition;
8 amending 63 O.S. 2021, Section 1-740.17, which
9 relates to grants to private organizations for
9 services; modifying grantmaking authority of the
10 State Department of Health; describing methods of
10 making grants and approving grant amounts;
11 stipulating additional reimbursable services;
11 extending time period of certain services; adding and
12 updating statutory references; amending 63 O.S. 2021,
12 Section 1-740.18, which relates to grant compliance
13 and monitoring; conforming language; updating
13 statutory language; providing an effective date; and
14 declaring an emergency.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-740.16, is
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19 amended to read as follows:
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20 Section 1-740.16. As used in the Choosing Childbirth Act:
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21 1. “Abortion” means the use or prescription of any instrument,
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22 medicine, drug or any other substance or device to intentionally:
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23 a. kill the unborn child of a woman known to be pregnant,
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24 or
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 1 b. terminate the pregnancy of a woman known to be
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2 pregnant, with an intention other than:
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3 (1) after viability of the unborn child, to produce a
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4 live birth and preserve the life and health of
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5 the child born alive, or
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6 (2) to remove a dead unborn child;
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7 2. “Unborn child” means an individual organism of the species
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8 Homo sapiens from fertilization until birth; and
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9 3. “Grant-supervising entity” means a private entity which
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10 approves all grants made under the Choosing Childbirth Act that are
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11 not directly made to private organizations by the State Department
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12 of Health for reimbursement of services provided under the Choosing
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13 Childbirth Act and which:
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14 a. is organized as a not-for-profit corporation in
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15 Oklahoma and as a 501(c)3 entity under the federal
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16 Internal Revenue Code, and
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17 b. does not encourage or counsel any woman to have an
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18 abortion not necessary to prevent her death, to
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19 provide her such an abortion or to refer her for such
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20 an abortion, and does not accept funds or services
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21 knowingly from any entity which performs abortions or
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22 receives money for abortions.
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23 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-740.17, is
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24 amended to read as follows:
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 1 Section 1-740.17. A. The State Department of Health shall make
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2 grants, as directed in subsection B of this section, from funds
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3 appropriated by the Legislature specifically for this purpose, to a
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4 grant-supervising entity for the purpose of reimbursing for the
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5 Choosing Childbirth Act.
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6 B. The purpose of the grants shall be to reimburse private
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7 organizations in Oklahoma this state for the reasonable expenses of
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8 programs providing the following services: listed in subsection C of
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9 this section. The Department shall make grants either:
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10 1. Directly to the private organizations;
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11 2. To one or more grant-supervising entities, who shall
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12 reimburse the private organizations; or
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13 3. Both directly to the private organizations and to one or
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14 more grant-supervising entities, who shall reimburse the private
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15 organizations.
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16 C. Reimbursable services provided under the Choosing Childbirth
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17 Act shall include:
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18 1. Providing information on, referral to and assistance in
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19 securing the services of relevant existing programs or agencies that
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20 assist women in Oklahoma this state to carry their children to term,
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21 and/or providing services that assist women to carry their children
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22 to term including, but not limited to, agencies and programs that
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23 will provide:
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 1 a. medical attention for the pregnant woman for the
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2 duration of her pregnancy including, but not limited
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3 to, obstetric ultrasounds,
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4 b. mental health and substance abuse services,
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5 c. nutritional support services,
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6 d. housing assistance,
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7 e. transportation assistance,
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8 f. adoption services,
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9 g. education and employment assistance, and
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10 h. parenting education and support services;
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11 2. Providing women in Oklahoma this state, in person and
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12 through community outreach, information and/or services that
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13 encourage and assist them to carry their children to term; and
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14 3. Providing services including, but not limited to, healthcare
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15 services to mothers and infants up to three (3) years postpartum for
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16 the purpose of reducing the rates of maternal mortality and infant
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17 mortality in this state by three percent (3%) within five (5) years
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18 of the effective date of this act not later than July 1, 2026;
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19 provided, however, no funds shall be provided to an organization
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20 that provides, or whose affiliates provide, abortion services.
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21 B. D. To be eligible for a service grant, an organization
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22 shall:
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23 1. Be registered with the Oklahoma Secretary of State as a not-
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24 for-profit corporation located in Oklahoma;
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 1 2. Have the grant amount approved by a:
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2 a. the grant-supervising entity, if the grant was
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3 provided to the private organization by a grant-
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4 supervising entity, or
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5 b. the Department, if the grant was provided directly to
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6 the private organization by the Department;
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7 3. For services described in paragraphs 1 and 2 of subsection A
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8 C of this section, provide each pregnant woman counseled with
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9 accurate information on the developmental characteristics of unborn
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10 children including offering the printed information described in
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11 Section 1-738.3 of Title 63 of the Oklahoma Statutes;
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12 4. Assure that the grant’s sole purposes are to assist and
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13 encourage women to carry their children to term and to maximize
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14 their potentials thereafter as provided in paragraphs 1 and 2 of
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15 subsection C of this section or to reduce the rates of maternal
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16 mortality and infant mortality in this state as provided in
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17 paragraph 3 of subsection A C of this section; and
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18 5. Assure that none of the funds provided pursuant to the
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19 Choosing Childbirth Act, nor any other funds or services provided by
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20 the organization, are used to encourage or counsel a woman to have
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21 an abortion not necessary to prevent her death, to provide her such
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22 an abortion or to refer her for such an abortion.
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23 SECTION 3. AMENDATORY 63 O.S. 2021, Section 1-740.18, is
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24 amended to read as follows:
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 1 Section 1-740.18. The State Department of Health shall make
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2 grants to a grant-supervising entity under the Choosing Childbirth
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3 Act from funds appropriated by the Legislature specifically for this
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4 purpose. The State Department of Health shall annually monitor and
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5 review the any grant-supervising entity participating in the
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6 Choosing Childbirth Act and any private organization directly
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7 receiving a service grant from the Department to assure ensure that
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8 the grant-supervising entity or private organization carefully
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9 adheres to the purposes and requirements of the Choosing Childbirth
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10 Act, and it. The Department shall cease funding a grant-supervising
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11 entity or private organization that fails to do so adhere to such
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12 purposes and requirements if the Department proves specific findings
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13 of noncompliance, subject to judicial review.
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14 SECTION 4. This act shall become effective July 1, 2023.
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15 SECTION 5. It being immediately necessary for the preservation
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16 of the public peace, health or safety, an emergency is hereby
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17 declared to exist, by reason whereof this act shall take effect and
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18 be in full force from and after its passage and approval.
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20 59-1-238 DC 1/17/2023 5:30:47 PM
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