The "Protecting Moms and Babies Act" introduces stringent regulations on abortion-inducing drugs in Oklahoma, defining key terms and prohibiting various actions related to these drugs, with exceptions for critical medical situations. The act allows for civil actions to be initiated through qui tam actions, enabling private individuals to sue on behalf of the state for violations. It outlines specific defenses against such actions and protects certain parties, including the women involved and common carriers unaware of the abortion intent, from being sued. The act also establishes a statute of limitations, remedies for qui tam judgments, and emphasizes broad personal jurisdiction over defendants.
Additionally, the bill delineates new legal provisions concerning qui tam actions, asserting that the Oklahoma Court of Civil Appeals has exclusive jurisdiction over related appeals and prohibiting the application of other states' laws to these actions unless required by the Oklahoma Constitution or federal law. It defines "clawback provisions" and specifies when Oklahoma law will apply, including the ability to seek injunctive relief and damages for individuals affected by clawback actions. The act ensures that doctrines like res judicata and collateral estoppel do not hinder defendants from litigating claims related to clawback provisions and includes a severability clause to maintain the validity of remaining provisions if any part is invalidated. The act is set to take effect on November 1, 2026.