The Oklahoma Mother and Child Protection Act introduces comprehensive regulations regarding abortion and abortion-inducing drugs within the state. It defines key terms such as "abortion" and "abortion-inducing drug," and prohibits their manufacture, distribution, and provision, with exceptions for medical emergencies like ectopic pregnancies. The bill allows for civil actions to be initiated through qui tam lawsuits, enabling private citizens to sue on behalf of the state for violations of these prohibitions. Importantly, it specifies that women seeking abortion-inducing drugs and certain healthcare providers cannot be sued under specific circumstances, thereby protecting them from legal repercussions.
Additionally, the bill limits enforcement of its regulations to qui tam actions, preventing state officials from directly enforcing the act. It establishes affirmative defenses for defendants, including ignorance of the law, while also introducing a "clawback provision" to protect individuals from civil actions in other jurisdictions for actions authorized by this act. The bill asserts the state's sovereign immunity and that of its political subdivisions, ensuring that no state law can waive this immunity unless explicitly stated. It includes a severability clause to maintain the act's integrity if any part is deemed unconstitutional and declares the act effective immediately upon passage, underscoring its urgency for public safety.