1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2088 By: Echols
4
5
6 AS INTRODUCED
7 An Act relating to abortion definition; amending 63
O.S. 2021, Section 1-737.8, which relates to
8 definitions; clarifying terms; amending 63 O.S. 2021,
Section 1-756.2, which relates to definitions;
9 clarifying terms; amending 63 O.S. 2021, Section 1-
757.2, which relates to definitions; clarifying
10 terms; and providing an effective date.
11
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-737.8, is
15 amended to read as follows:
16 Section 1-737.8 For the purposes of the Oklahoma Unborn Child
17 Protection from Dismemberment Abortion Act:
18 1. "Abortion" means the use or prescription of any instrument,
19 medicine, drug, or any other substance or device:
20 a. to purposely kill the unborn child of a woman known to
21 be pregnant, or
22 b. to purposely terminate the pregnancy of a woman known
23 to be pregnant, with a purpose other than:
24
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1 (1) after viability to produce a live birth and
2 preserve the life and health of the child born
3 alive, or
4 (2) to remove a dead unborn child, or
5 (3) pre-inducement due to a terminal fetus;
6 2. "Attempt to perform an abortion" means to do or omit to do
7 anything that, under the circumstances as the actor believes them to
8 be, is an act or omission constituting a substantial step in a
9 course of conduct planned to culminate in the actor performing an
10 abortion. Such substantial steps include, but are not limited to:
11 a. agreeing with an individual to perform an abortion on
12 that individual or on some other person, whether or
13 not the term "abortion" is used in the agreement, and
14 whether or not the agreement is contingent on another
15 factor such as receipt of payment or a determination
16 of pregnancy, or
17 b. scheduling or planning a time to perform an abortion
18 on an individual, whether or not the term "abortion"
19 is used, and whether or not the performance is
20 contingent on another factor such as receipt of
21 payment or a determination of pregnancy.
22 This definition shall not be construed to require that an abortion
23 procedure actually must be initiated for an attempt to occur;
24
Req. No. 7169 Page 2
1 3. "Dismemberment abortion" means, with the purpose of causing
2 the death of an unborn child, purposely to dismember a living unborn
3 child and extract him or her one piece at a time from the uterus
4 through use of clamps, grasping forceps, tongs, scissors or similar
5 instruments that, through the convergence of two rigid levers,
6 slice, crush, and/or grasp a portion of the unborn child's body to
7 cut or rip it off. This definition does not include an abortion
8 which uses suction to dismember the body of the developing unborn
9 child by sucking fetal parts into a collection container;
10 4. "Physician" means a person licensed to practice medicine and
11 surgery or osteopathic medicine and surgery, or otherwise legally
12 authorized to perform an abortion;
13 5. "Purposely" means the following: A person acts purposely
14 with respect to a material element of an offense when:
15 a. if the element involves the nature of his or her
16 conduct or a result thereof, it is his or her
17 conscious objective to engage in conduct of that
18 nature or to cause such a result, and
19 b. if the element involves the attendant circumstances,
20 he or she is aware of the existence of such
21 circumstances or he or she believes or hopes that they
22 exist;
23 6. "Serious health risk to the unborn child's mother" means
24 that in reasonable medical judgment she has a condition that so
Req. No. 7169 Page 3
1 complicates her medical condition that it necessitates the abortion
2 of her pregnancy to avert her death or to avert serious risk of
3 substantial and irreversible physical impairment of a major bodily
4 function, not including psychological or emotional conditions. No
5 such condition may be determined to exist if it is based on a claim
6 or diagnosis that the woman will engage in conduct which she intends
7 to result in her death or in substantial and irreversible physical
8 impairment of a major bodily function; and
9 7. "Terminal fetus" means a fetus who has a genetic abnormality
10 and the fetus has no medical chance of survival post-delivery; and
11 8. "Woman" means a female human being whether or not she has
12 reached the age of majority.
13 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-756.2, is
14 amended to read as follows:
15 Section 1-756.2 As used in this act:
16 1. "Abortion" means the use or prescription of any instrument,
17 medicine, drug or any other substance or device intentionally to
18 terminate the pregnancy of a female known to be pregnant with an
19 intention other than to increase the probability of a live birth, to
20 preserve the life or health of the child after live birth, to remove
21 an ectopic pregnancy or, to remove a dead unborn child who died as
22 the result of a spontaneous miscarriage, accidental trauma or a
23 criminal assault on the pregnant female or her unborn child, or pre-
24 inducement of a terminal fetus;
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1 2. "Abortion-inducing drug" means a medicine, drug or any other
2 substance prescribed or dispensed with the intent of terminating the
3 pregnancy of a woman known to be pregnant, with knowledge that the
4 termination will with reasonable likelihood cause the death of the
5 unborn child. This includes the off-label use of drugs known to
6 have abortion-inducing properties, which are prescribed specifically
7 with the intent of causing an abortion, such as mifepristone
8 (Mifeprex), misoprostol (Cytotec) and methotrexate. This definition
9 does not apply to drugs that may be known to cause an abortion, but
10 which are prescribed for other medical indications, such as
11 chemotherapeutic agents and diagnostic drugs. The use of such drugs
12 to induce abortion is also known as "medical", "medication", "RU–
13 486", "chemical", "Mifeprex regimen" or "drug-induced" abortion;
14 3. "Adverse Event", according to the Food and Drug
15 Administration, means any untoward medical occurrence associated
16 with the use of a drug in humans, whether or not considered drug-
17 related. It does not include an adverse event or suspected adverse
18 reaction that, had it occurred in a more severe form, might have
19 caused death;
20 4. "Associated physician" means a person licensed to practice
21 medicine in the state including medical doctors and doctors of
22 osteopathy, that has entered into an associated physician agreement;
23 5. "Complication" means any adverse physical or psychological
24 condition arising from the performance of an abortion which
Req. No. 7169 Page 5
1 includes, but is not limited to, uterine perforation, cervical
2 perforation, infection, heavy or uncontrolled bleeding, hemorrhage,
3 blood clots resulting in pulmonary embolism or deep vein thrombosis,
4 failure to actually terminate the pregnancy, incomplete abortion
5 (retained tissue), pelvic inflammatory disease, endometritis, missed
6 ectopic pregnancy, cardiac arrest, respiratory arrest, renal
7 failure, metabolic disorder, shock, embolism, coma, placenta previa
8 in subsequent pregnancies, preterm delivery in subsequent
9 pregnancies, free fluid in the abdomen, hemolytic reaction due to
10 the administration of ABO-incompatible blood or blood products,
11 adverse reactions to anesthesia and other drugs, subsequent
12 development of breast cancer, psychological complications such as
13 depression, suicidal ideation, anxiety, sleeping disorders, death
14 and any other adverse event as defined by the Food and Drug
15 Administration criteria provided in the Medwatch Reporting System;
16 6. "Gestational age" means the time that has elapsed since the
17 first day of the woman's last menstrual period, also known as "last
18 menstrual period" or "LMP";
19 7. "Hospital" means an institution providing medical and
20 surgical treatment and nursing care for sick or injured people, or
21 institutions defined under Section 1-701 of Title 63 of the Oklahoma
22 Statutes;
23
24
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1 8. "Physician" means any person licensed to practice medicine
2 in this state. The term includes medical doctors and doctors of
3 osteopathy;
4 9. "Pregnant" or "pregnancy" means that female reproductive
5 condition of having an unborn child in the mother's uterus;
6 10. "Provide" or "provision" means, when used regarding
7 abortion-inducing drugs, any act of giving, selling, dispensing,
8 administering, transferring possession to or otherwise providing or
9 prescribing an abortion-inducing drug;
10 11. "Qualified physician" means a physician licensed in this
11 state who has the ability to:
12 a. identify and document a viable intrauterine pregnancy,
13 b. assess the gestational age of pregnancy and to inform
14 the patient of gestational age-specific risks,
15 c. diagnose ectopic pregnancy,
16 d. determine blood type and administer RhoGAM if a woman
17 is Rh negative,
18 e. assess for signs of domestic abuse, reproductive
19 control, human trafficking and other signals of
20 coerced abortion,
21 f. provide surgical intervention or has entered into a
22 contract with another qualified physician to provide
23 surgical intervention, and
24
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1 g. supervise and bear legal responsibility for any agent,
2 employee or contractor who is participating in any
3 part of procedure including, but not limited to, pre-
4 procedure evaluation and care;
5 12. "Reasonable medical judgment" means a medical judgment that
6 would be made by a reasonably prudent physician knowledgeable about
7 the case and the treatment possibilities with respect to the medical
8 conditions involved; and
9 13. "Terminal fetus" means a fetus who has a genetic
10 abnormality and the fetus has no medical chance of survival post-
11 delivery; and
12 14. "Unborn child" means an individual organism of the species
13 homo sapiens, beginning at fertilization, until the point of being
14 born-alive as defined in Title 1 U.S.C., Section 8(b).
15 SECTION 3. AMENDATORY 63 O.S. 2021, Section 1-757.2, is
16 amended to read as follows:
17 Section 1-757.2 As used in this act:
18 1. "Abortion" means the act of using or prescribing any
19 instrument, medicine, drug or any other substance, device or means
20 with the intent to terminate the pregnancy of a woman known to be
21 pregnant, with knowledge that the termination by those means will
22 with reasonable likelihood cause the death of the unborn child.
23 Such use, prescription or means is not an abortion if done with the
24 intent to:
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1 a. save the life or preserve the health of the unborn
2 child,
3 b. remove a dead unborn child caused by spontaneous
4 abortion, accidental trauma or a criminal assault on
5 the pregnant woman or her unborn child,
6 c. remove an ectopic pregnancy, or
7 d. treat a maternal disease or illness for which the
8 prescribed drug is indicated, or
9 e. pre-induce due to a terminal fetus;
10 2. "Abortion-inducing drug" means a medicine, drug or any other
11 substance prescribed or dispensed with the intent of terminating the
12 pregnancy of a woman known to be pregnant, with knowledge that the
13 termination will with reasonable likelihood cause the death of the
14 unborn child. This includes the off-label use of drugs known to
15 have abortion-inducing properties, which are prescribed specifically
16 with the intent of causing an abortion, such as mifepristone
17 (Mifeprex), misoprostol (Cytotec) and methotrexate. This definition
18 does not apply to drugs that may be known to cause an abortion, but
19 which are prescribed for other medical indications, such as
20 chemotherapeutic agents and diagnostic drugs. The use of such drugs
21 to induce abortion is also known as "medical", "medication", "RU–
22 486", "chemical", "Mifeprex regimen" or "drug-induced" abortion;
23 3. "Adverse event", according to the Food and Drug
24 Administration, means any untoward medical occurrence associated
Req. No. 7169 Page 9
1 with the use of a drug in humans, whether or not considered drug-
2 related. It does not include an adverse event or suspected adverse
3 reaction that, had it occurred in a more severe form, might have
4 caused death;
5 4. "Associated physician" means a person fully licensed and in
6 good standing to practice medicine in the state including medical
7 doctors and doctors of osteopathy, who has entered into an
8 associated physician agreement;
9 5. "Complication" means any adverse physical or psychological
10 condition arising from the performance of an abortion which
11 includes, but is not limited to, uterine perforation, cervical
12 perforation, infection, heavy or uncontrolled bleeding, hemorrhage,
13 blood clots resulting in pulmonary embolism or deep vein thrombosis,
14 failure to actually terminate the pregnancy, incomplete abortion
15 (retained tissue), pelvic inflammatory disease, endometritis, missed
16 ectopic pregnancy, cardiac arrest, respiratory arrest, renal
17 failure, metabolic disorder, shock, embolism, coma, placenta previa
18 in subsequent pregnancies, preterm delivery in subsequent
19 pregnancies, free fluid in the abdomen, hemolytic reaction due to
20 the administration of ABO-incompatible blood or blood products,
21 adverse reactions to anesthesia and other drugs, subsequent
22 development of breast cancer, psychological complications such as
23 depression, suicidal ideation, anxiety, sleeping disorders, death
24
Req. No. 7169 Page 10
1 and any other adverse event as defined by the Food and Drug
2 Administration criteria provided in the Medwatch Reporting System;
3 6. "Gestational age" means the time that has elapsed since the
4 first day of the woman's last menstrual period, also known as "last
5 menstrual period" or "LMP";
6 7. "Hospital" means an institution providing medical and
7 surgical treatment and nursing care for sick or injured people, or
8 institutions defined under Section 1-701 of Title 63 of the Oklahoma
9 Statutes;
10 8. "Manufacturers and distributors" means individuals or
11 entities that create, produce, supply, transport or sell drugs,
12 which include:
13 a. any substances recognized by an official pharmacopoeia
14 or formulary,
15 b. any substances intended for use in the diagnosis,
16 cure, mitigation, treatment or prevention of disease,
17 c. any substances other than food intended to affect the
18 structure or any function of the body, or
19 d. any substances intended for use as a component of a
20 medicine but not a device or a component, part or
21 accessory of a device;
22 9. "Obstetrician/gynecologist", also known as OB/GYN, means a
23 licensed physician who specializes in the care of women during
24 pregnancy and childbirth and in the diagnosis and treatment of
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1 diseases of the female reproductive organs and specializes in other
2 women's health issues such as menopause, hormone problems,
3 contraception or birth control, and infertility;
4 10. "Physician" means any person fully licensed by and in good
5 standing with the State Board of Medical Licensure and Supervision
6 or the State Board of Osteopathic Examiners to practice medicine in
7 this state. The term includes medical doctors and doctors of
8 osteopathy;
9 11. "Pregnant" or "pregnancy" means that female reproductive
10 condition of having an unborn child in the mother's uterus;
11 12. "Pr