1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3216 By: West (Kevin)
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to abortion; creating the Oklahoma
7 Life is a Human Right Act; defining terms;
8 prohibiting the prescription or selling of medication
8 with the intent to cause an abortion; civil
9 liability; providing for a certain procedure;
9 providing for informed consent from parents or
10 guardians for refusal of treatment; requiring
10 physician to record certain information; directing
11 the State Department of Health to create forms;
11 providing exception for accidental injury or death;
12 providing for the use of contraceptives as long as
12 the purpose is not abortion; prohibiting emergency
13 contraception; defining certain conduct as
13 unprofessional; requiring revocation of license or
14 certificate; allowing certain civil action;
14 authorizing Attorney General to bring enforcement
15 actions; providing for the right to intervene;
15 providing for severability; providing for
16 codification; and providing an effective date.
16
17
17
18
18
19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
19
20 SECTION 1. NEW LAW A new section of law to be codified
20
21 in the Oklahoma Statutes as Section 1-758.1 of Title 63, unless
21
22 there is created a duplication in numbering, reads as follows:
22
23 This act shall be known and may be cited as the "Oklahoma Life
23
24 is a Human Right Act".
24
Req. No. 8429 Page 1
 1 SECTION 2. NEW LAW A new section of law to be codified
1
2 in the Oklahoma Statutes as Section 1-758.2 of Title 63, unless
2
3 there is created a duplication in numbering, reads as follows:
3
4 As used in this section:
4
5 1. "Abortion" means the act of using or prescribing any
5
6 instrument, medicine, drug, or any other substance, device, or means
6
7 with the intent to terminate the clinically diagnosable pregnancy of
7
8 a woman with knowledge that the termination by those means will,
8
9 with reasonable likelihood, cause the death of the unborn child.
9
10 Such use, prescription, or means is not an abortion if done with the
10
11 intent to:
11
12 a. save the life or preserve the health of the unborn
12
13 human being,
13
14 b. remove a dead unborn human being caused by
14
15 miscarriage,
15
16 c. remove an ectopic pregnancy, or
16
17 d. perform a pre-viability separation procedure when such
17
18 procedure is necessary to preserve the life of the
18
19 pregnant woman;
19
20 2. "Born alive" means the complete expulsion or extraction from
20
21 the pregnant woman of a human infant, at any stage of development,
21
22 who, after such expulsion or extraction, breathes, has a beating
22
23 heart, or has definite movement of voluntary muscles, regardless of
23
24 whether the umbilical cord has been cut and regardless of whether
24
Req. No. 8429 Page 2
 1 the expulsion or extraction occurs as a result of natural or induced
1
2 labor, Cesarean section, pre-viability separation procedure, or
2
3 other method;
3
4 3. "Conception" means the fusion of a human spermatozoon with a
4
5 human ovum;
5
6 4. "Department" means the State Department of Health;
6
7 5. "Ectopic pregnancy" means the state of carrying an unborn
7
8 human being outside of the uterine cavity;
8
9 6. "Health care provider" means any individual who may be asked
9
10 to participate in any way in a health care service or procedure,
10
11 including, but not limited to, the following: a physician,
11
12 physician's assistant, nurse, nurse's aide, medical assistant,
12
13 hospital employee, medical facility employee, or medical clinic
13
14 employee;
14
15 7. "Gestational age" or "probable gestation age" means the age
15
16 of an unborn human being as calculated from the first day of the
16
17 last menstrual period of the pregnant woman;
17
18 8. "Miscarriage" means a spontaneous loss of embryo or fetal
18
19 life;
19
20 9. "Necessary to preserve the life of a pregnant woman" means
20
21 that, at any point in pregnancy, a pregnant woman's physician has
21
22 determined to a reasonable degree of medical certainty or
22
23 probability that the continuation of the pregnancy will endanger the
23
24 woman's life due to the pregnancy itself or due to a medical
24
Req. No. 8429 Page 3
 1 condition that the woman is either currently suffering or likely to
1
2 suffer during the pregnancy. In making this determination, absolute
2
3 certainty is not required; however, a mere possibility or
3
4 speculation shall be insufficient;
4
5 10. "Pregnant" means the human female reproductive condition of
5
6 having a living unborn human being within her body throughout every
6
7 stage of the unborn human being's life and development, from
7
8 fertilization to full gestation and childbirth;
8
9 11. "Unborn child" or "unborn human being" means an individual
9
10 living member of the species Homo sapien from conception to full
10
11 gestation and childbirth;
11
12 12. "Pre-viability" means before that stage of fetal
12
13 development when, in the reasonable medical judgment of the
13
14 physician based on the particular facts of the case before him or
14
15 her and in light of the most advanced medical technology and
15
16 information available to him or her, there is a reasonable
16
17 likelihood of sustained survival of the unborn human being outside
17
18 the body of his or her mother, with or without artificial support;
18
19 13. "Physician" means a person licensed to practice medicine in
19
20 Oklahoma;
20
21 14. "Separation procedure" means a medical procedure performed
21
22 by a physician to remove an unborn human being from his or her
22
23 mother's uterus. The term does not include an abortion as defined
23
24 by this act;
24
Req. No. 8429 Page 4
 1 15. "Woman" means any person whose biological sex is female
1
2 based upon the person's genetics and reproductive anatomy.
2
3 SECTION 3. NEW LAW A new section of law to be codified
3
4 in the Oklahoma Statutes as Section 1-758.3 of Title 63, unless
4
5 there is created a duplication in numbering, reads as follows:
5
6 A. No person may knowingly administer to, prescribe for, or
6
7 sell to any pregnant woman any medicine, drug, or other substance
7
8 with the specific intent of causing or abetting an abortion.
8
9 B. No person may knowingly use or employ any instrument,
9
10 device, means, or procedure upon a pregnant woman with the specific
10
11 intent of causing or abetting an abortion.
11
12 SECTION 4. NEW LAW A new section of law to be codified
12
13 in the Oklahoma Statutes as Section 1-758.4 of Title 63, unless
13
14 there is created a duplication in numbering, reads as follows:
14
15 A. When performing a pre-viability separation procedure as
15
16 permitted under this act, the physician shall make reasonable
16
17 medical efforts under the circumstances to preserve both the life of
17
18 the pregnant woman and the life of her unborn child in a manner
18
19 consistent with reasonable medical practice.
19
20 B. If the child is born alive following a pre-viability
20
21 separation procedure, any health care provider present shall
21
22 exercise the same degree of professional skill, care, and diligence
22
23 to preserve the life and health of the child as a reasonably
23
24
24
Req. No. 8429 Page 5
 1 diligent and conscientious health care provider would render to any
1
2 other child born alive at the same gestational age.
2
3 C. The requirements of this section shall not be construed to
3
4 prevent a child's parents or guardian from refusing to give consent
4
5 to medical treatment or surgical care which is not medically
5
6 necessary or reasonable, including care or treatment which:
6
7 1. Is not necessary to save the life of the child;
7
8 2. Has a potential risk to the child's life or health that
8
9 outweighs the potential benefit to the child with the treatment or
9
10 care; or
10
11 3. Will do no more than temporarily prolong the act of dying
11
12 when death is imminent.
12
13 SECTION 5. NEW LAW A new section of law to be codified
13
14 in the Oklahoma Statutes as Section 1-758.5 of Title 63, unless
14
15 there is created a duplication in numbering, reads as follows:
15
16 A. In every case in which a physician performs a pre-viability
16
17 separation procedure as permitted under this act, the physician
17
18 shall, within fifteen (15) days, cause to be filed with the State
18
19 Department of Health, on a form supplied by the Department, a report
19
20 containing the following information:
20
21 1. A unique patient identifier provided by the Department that
21
22 would, if legally required, allow the Department to identify the
22
23 woman upon whom the pre-viability separation procedure was
23
24 performed;
24
Req. No. 8429 Page 6
 1 2. Date the pre-viability separation procedure was performed;
1
2 3. The probable gestational age of the unborn human being and
2
3 the method used to calculate gestational age;
3
4 4. A statement declaring that the pre-viability separation
4
5 procedure was necessary to preserve the life of the pregnant woman;
5
6 and
6
7 5. Specific medical indications supporting the determination
7
8 that pre-viability separation procedure was necessary to preserve
8
9 the life of the pregnant woman.
9
10 B. The physician shall sign the form as his or her attestation
10
11 under oath that the information stated thereon is true and correct
11
12 to the best of his or her knowledge.
12
13 SECTION 6. NEW LAW A new section of law to be codified
13
14 in the Oklahoma Statutes as Section 1-758.6 of Title 63, unless
14
15 there is created a duplication in numbering, reads as follows:
15
16 A. The State Department of Health shall create the forms
16
17 required by this act within thirty (30) days after the effective
17
18 date of this act. No provision of this act requiring the reporting
18
19 of information on forms published by the Department shall be
19
20 applicable until ten (10) days after the requisite forms have been
20
21 made available or the effective date of this act, whichever is
21
22 later.
22
23 B. The Department shall establish a confidential system of
23
24 creating and distributing unique patient identifiers to be used for
24
Req. No. 8429 Page 7
 1 the reporting requirements of this act. It shall create this system
1
2 within thirty (30) days after the effective date of this act.
2
3 C. Unless required by a court order, the Department shall not
3
4 release personally identifiable patient or physician information
4
5 obtained under this act.
5
6 SECTION 7. NEW LAW A new section of law to be codified
6
7 in the Oklahoma Statutes as Section 1-758.7 of Title 63, unless
7
8 there is created a duplication in numbering, reads as follows:
8
9 A. Medical treatment provided to the pregnant woman by a
9
10 physician which results in the accidental or unintentional injury to
10
11 or the death of her unborn child is not a violation of Section 3 of
11
12 this act.
12
13 B. Nothing in this act may be construed to prohibit the use,
13
14 sale, prescription, or administration of a contraceptive measure,
14
15 drug, chemical, or device if the contraceptive measure, drug,
15
16 chemical, or device is used, sold, prescribed, or administered in
16
17 accordance with manufacturer instructions and is not used, sold,
17
18 prescribed, or administered with the specific intent to cause or
18
19 induce an abortion or to prevent the implantation of a fertilized
19
20 egg.
20
21 SECTION 8. NEW LAW A new section of law to be codified
21
22 in the Oklahoma Statutes as Section 1-758.8 of Title 63, unless
22
23 there is created a duplication in numbering, reads as follows:
23
24
24
Req. No. 8429 Page 8
 1 A. A physician who intentionally or knowingly violates the
1
2 prohibition in Section 3 of this act commits an act of
2
3 unprofessional conduct and his or her license to practice medicine
3
4 in Oklahoma shall be suspended or revoked for a minimum of one (1)
4
5 year pursuant to Title 435 of the Oklahoma Administrative Code.
5
6 B. In addition to whatever remedies are available under the
6
7 common or statutory law of this state, failure to comply with the
7
8 requirements of this act shall provide a basis for a civil
8
9 malpractice action for actual and punitive damages.
9
10 C. No civil penalty may be assessed against a pregnant woman.
10
11 SECTION 9. NEW LAW A new section of law to be codified
11
12 in the Oklahoma Statutes as Section 1-758.9 of Title 63, unless
12
13 there is created a duplication in numbering, reads as follows:
13
14 The Oklahoma Attorney General shall have authority to bring an
14
15 action in law or equity to enforce the provisions of this act on
15
16 behalf of the State Commissioner of Health.
16
17 SECTION 10. NEW LAW A new section of law to be codified
17
18 in the Oklahoma Statutes as Section 1-758.10 of Title 63, unless
18
19 there is created a duplication in numbering, reads as follows:
19
20 The Speaker of the Oklahoma House of Representatives may appoint
20
21 one or more of its members to intervene as a matter of right in any
21
22 case in which the constitutionality or enforceability of this act is
22
23 challenged pursuant to Section 2024 of Title 12 of the Oklahoma
23
24 Statutes.
24
Req. No. 8429 Page 9
 1 SECTION 11. NEW LAW A new section of law to be codified
1
2 in the Oklahoma Statutes as Section 1-758.11 of Title 63, unless
2
3 there is created a duplication in numbering, reads as follows:
3
4 It is the intent of the Oklahoma Legislature that every
4
5 provision of this act shall operate with equal force and shall be
5
6 severable one from the other and that, in the event that any
6
7 provision of this act shall be held invalid or unenforceable by a
7
8 court of competent jurisdiction, said provision shall be deemed
8
9 severable and the remaining provisions of this act deemed fully
9
10 enforceable.
10
11 SECTION 12. This act shall become effective November 1, 2024.
11
12
12
13 59-2-8429 TJ 01/16/24
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 8429 Page 10