1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 731 By: Dahm
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6 AS INTRODUCED
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7 An Act relating to abortion; amending Section 2,
7 Chapter 190, O.S.L. 2022 (63 O.S. Supp. 2022, Section
8 1-745.32) and Section 1, Chapter 321, O.S.L. 2022 (63
8 O.S. Supp. 2022, Section 1-745.51), which relate to
9 definitions; adding and modifying definitions of
9 abortion; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY Section 2, Chapter 190, O.S.L.
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14 2022 (63 O.S. Supp. 2022, Section 1-745.32), is amended to read as
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15 follows:
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16 Section 1-745.32. As used in this act:
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17 1. “Abortion” has the same meaning as provided by Section 1-730
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18 of this title;
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19 2. “Fetal heartbeat” means cardiac activity or the steady and
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20 repetitive rhythmic contraction of the fetal heart within the
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21 gestational sac;
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22 2. 3. “Gestational age” means the amount of time that has
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23 elapsed from the first day of a woman’s last menstrual period;
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 1 3. 4. “Gestational sac” means the structure comprising the
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2 extraembryonic membranes that envelop the unborn child and that is
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3 typically visible by ultrasound after the fourth week of pregnancy;
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4 4. 5. “Physician” means an individual licensed to practice
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5 medicine in this state including a medical doctor and a doctor of
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6 osteopathic medicine;
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7 5. 6. “Pregnancy” means the human female reproductive condition
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8 that:
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9 a. begins with fertilization,
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10 b. occurs when the woman is carrying the developing human
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11 offspring, and
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12 c. is calculated from the first day of the woman’s last
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13 menstrual period;
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14 6. 7. “Standard medical practice” means the degree of skill,
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15 care, and diligence that an obstetrician of ordinary judgment,
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16 learning, and skill would employ in like circumstances;
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17 7. 8. “Unborn child” means a human fetus or embryo in any stage
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18 of gestation from fertilization until birth; and
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19 8. 9. “Woman” and “women” include any person whose biological
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20 sex is female including any person with XX chromosomes and any
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21 person with a uterus, regardless of any gender identity that the
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22 person attempts to assert or claim.
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 1 SECTION 2. AMENDATORY Section 1, Chapter 321, O.S.L.
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2 2022 (63 O.S. Supp. 2022, Section 1-745.51), is amended to read as
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3 follows:
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4 Section 1-745.51. As used in this act:
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5 1. “Abortion” means the act of using, prescribing,
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6 administering, procuring, or selling of any instrument, medicine,
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7 drug, or any other substance, device, or means with the purpose to
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8 terminate the pregnancy of a woman, with knowledge that the
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9 termination by any of those means will with reasonable likelihood
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10 cause the death of an unborn child. It does not include the use,
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11 prescription, administration, procuring, or selling of Plan B,
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12 morning-after pills, or any other type of contraception or emergency
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13 contraception. An act is not an abortion if the act is performed
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14 with the purpose to:
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15 a. save the life or preserve the health of the unborn
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16 child,
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17 b. remove a dead unborn child caused by spontaneous
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18 abortion, or
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19 c. remove an ectopic pregnancy
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20 has the same meaning as provided by Section 1-730 of this title;
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21 2. “Fertilization” means the fusion of a human spermatozoon
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22 with a human ovum;
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23 3. “Medical emergency” means a condition in which an abortion
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24 is necessary to preserve the life of a pregnant woman whose life is
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 1 endangered by a physical disorder, physical illness, or physical
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2 injury, including a life-endangering physical condition caused by or
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3 arising from the pregnancy itself;
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4 4. “Unborn child” means a human fetus or embryo in any stage of
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5 gestation from fertilization until birth; and
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6 5. “Woman” and “women” include any person whose biological sex
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7 is female, including any person with XX chromosomes and any person
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8 with a uterus, regardless of any gender identity that the person
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9 attempts to assert or claim.
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10 SECTION 3. This act shall become effective November 1, 2023.
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12 59-1-692 DC 1/18/2023 4:40:41 PM
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