1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1809 By: Dahm
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6 AS INTRODUCED
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7 An Act relating to abortion; defining terms;
7 prohibiting chemical abortions under certain
8 circumstances; providing certain protections and
8 construction; making abortion drug manufacturer
9 responsible for certain disposal and mitigation;
9 providing penalties; providing for codification; and
10 providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 1-758 of Title 63, unless there
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16 is created a duplication in numbering, reads as follows:
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17 A. As used in this section:
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18 1. “Abortion drug” means any medicine, drug, or any other
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19 substance, or any combination of drugs, medicines, or substances,
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20 when it is used to intentionally:
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21 a. kill the unborn child of a woman known to be pregnant,
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22 or
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23 b. terminate the pregnancy of a woman known to be
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24 pregnant, with an intention other than:
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 1 (1) to produce a live birth, or
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2 (2) to remove a dead unborn child;
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3 2. “Attempts to provide” means conduct that, under the
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4 circumstances as the actor believes them to be, constitutes a
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5 substantial step in a course of conduct planned to culminate in a
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6 chemical abortion;
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7 3. “Catch kit” means a collection container designed to catch
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8 and hold medical waste or infectious waste, often used for
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9 collecting samples for testing;
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10 4. “Chemical abortion” refers to the use of an abortion drug to
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11 intentionally:
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12 a. kill the unborn child of a woman known to be pregnant,
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13 or
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14 b. terminate the pregnancy of a woman known to be
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15 pregnant, with an intention other than:
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16 (1) to produce a live birth, or
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17 (2) to remove a dead unborn child;
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18 5. “Health care provider” means any person licensed to
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19 prescribe prescription drugs under applicable federal and state
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20 laws;
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21 6. “Medical waste bag”, also referred to as an “infectious
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22 waste bag”, “health care waste bag”, or “biohazard waste bag”, means
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23 a red biohazardous waste container made to contain medical or
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24 biohazardous waste.
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 1 a. Warning labels shall be affixed to the container
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2 stating “BIOHAZARD” and depicting the biohazard symbol
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3 recognized by the American National Standards
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4 Institute.
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5 b. The container must either:
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6 (1) be fluorescent orange or orange-red, with
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7 lettering and symbols in a contrasting color, or
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8 (2) include such required warning labels in
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9 fluorescent orange or orange-red, with lettering
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10 and symbols in a contrasting color;
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11 7. “Provide” means to dispense or prescribe an abortion drug,
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12 or to otherwise make an abortion drug available to a patient; and
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13 8. “Unborn child” means an individual organism of the species
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14 homo sapiens, beginning at conception, until the point of being born
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15 alive.
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16 B. A health care provider shall not knowingly provide or
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17 attempt to provide a chemical abortion, if such provision or attempt
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18 is in or affects interstate commerce, without:
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19 1. Physically examining the patient;
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20 2. Being physically present at the location of the chemical
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21 abortion;
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22 3. Scheduling a follow-up visit for the patient to occur not
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23 more than seven (7) days after the administration or use of the drug
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24 to assess the patient’s physical condition; or
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 1 4. Providing a catch kit and medical waste bag, including
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2 instructions for the patient to bring the catch kit and medical
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3 waste bag to the health care provider for proper disposal.
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4 C. A health care provider found in violation of subsection B of
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5 this section shall, upon conviction, be fined not more than Ten
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6 Thousand Dollars ($10,000.00) or imprisoned in the custody of the
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7 Department of Corrections not more than three (3) years, or receive
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8 both such fine and imprisonment.
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9 D. 1. This section shall not apply to a chemical abortion that
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10 is necessary to preserve the life of a mother whose life is
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11 endangered by a physical disorder, physical illness, or physical
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12 injury, including a life-endangering physical condition.
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13 2. A patient upon whom an abortion is performed may not be
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14 prosecuted for a violation of this section or a conspiracy to
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15 violate this section.
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16 3. Nothing in this section shall be construed to have any
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17 impact on the treatment of a verified ectopic pregnancy.
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18 E. The manufacturer of any abortion drug shall be responsible
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19 for proper disposal of discarded abortion drugs and mitigation of
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20 the environmental effects of endocrine-disrupting chemical
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21 byproducts of chemical abortion drugs entering public waste systems
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22 due to the disposal of tainted human remains entering the wastewater
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23 system as a result of at-home abortions. If endocrine-disrupting
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24 chemicals from abortion drugs are found in wastewater, the
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 1 manufacturer shall be responsible for cleanup, remediation, and
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2 further preventative measures. A violation of this subsection shall
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3 be punishable by a fine not more than Twenty Thousand Dollars
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4 ($20,000.00) per violation.
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5 SECTION 2. This act shall become effective November 1, 2024.
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7 59-2-3134 DC 1/17/2024 3:45:59 PM
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