Historical legislation

2016

HB 2797
Establishes state public information program for stated purpose of “achieving abortion-free society”; materials shall teach that “abortion kills a living human being and is against public policy”; grades 9-12 education program during regular school hours about the “humanity of a child in utero”, involving “entertainment personalities and athletes”; informing pregnant patients of the program. Named “Humanity of the Unborn Child Act.”

2015

HB 1409
Increases waiting periods to 72 hours.  Requires mandated materials to include the statement, "Abortion shall terminate the life of a whole, separate, unique, living human being."  Requires providers who have a website to include a link to the website “Woman’s Right to Know”.  Legal challenge filed Sep 2015. Request for temporary injunction denied on Oct 14th.   

HB 1721 Currently not in effect.
Temporarily enjoined while a legal challenge ensues.  “Oklahoma Unborn Child Protection from Dismemberment Abortion Act”.  Defines the safest and most commonly performed method of abortion after 14 weeks (D&E) as "dismemberment abortion".  Makes it illegal unless to prevent serious health risk to the mother. Provides for injunctive relief against doctor, action for civil damage, statutory damages, attorney fees, as well as fines.  Because this safest, most effective method is the medical standard, the law effectively limits abortions in the state to 14 weeks’ gestation.

HB 1729
“Ashlen's Law".  Changes definition of fetal death; requiring fetal death certificate if gestation is beyond 12 weeks.  All abortions performed beyond 12 weeks will require a fetal death certificate to be issued regardless of circumstances or the wishes of the parent.

SB 642 Currently not in effect.
Temporarily enjoined while a legal challenge ensues.  For patients under age 14, requires physician to retain, preserve and submit to State Health Dept. fetal tissue, name and address of parent/guardian; provides for penalty and felony charges for failure to comply.  Anyone who intentionally causes, aids, abets or assists an un-emancipated minor to obtain an abortion without the consent required by Section 1-740.2 of this title commits a felony; allows for civil penalties in addition to criminal.  State Board of Health must establish policies & procedures for, and conduct, pre- and re-licensing inspections.

2014

SB 1848 Currently not in effect.
Temporarily enjoined while a legal challenge ensues.  Requires doctors providing abortions to have admitting privileges at a hospital within 30 miles of the doctor’s clinic.  Targets only abortion providers and no other kind of physician providing out-patient surgery. Bill passed in spite of the acknowledged safety of abortion procedures, and the complicated and varied requirements established by hospitals for granting admitting privileges.

HB 2684 Not in effect.
Permanently enjoined, declared unconstitutional.   OCRJ was a plaintiff. Requires doctors providing medication abortion to follow the outdated FDA label rather than the standard evidence-based protocol recommended by the American College of Obstetricians and Gynecologists, the nation’s leading expert on women’s health care.

HB 2685
Singles out abortion providers to require they notify patients who have received a diagnosis of fetal anomaly incompatible with life, 24 hours before abortion, of availability of perinatal hospice.  Other physicians are not required to provide this information. Under OK law abortions are banned after 20 weeks, and diagnosis of fetal conditions most often do not occur until after 20 weeks.  

2013

HB 1361
Expands requirements for parents giving permission to minor daughters seeking abortions. Parents must now provide proof of parenthood with government-issued I.D. and must initial each page of the permission statement.  Also restricts the constitutional right of Oklahoma minors to seek a judicial by-pass (petition a judge for permission) when they feel they cannot involve their parents in their decision to seek an abortion.  Requires that they petition a local court only, thus potentially putting the privacy and even safety of minors, particularly those in rural areas, at risk.

HB 1588
Requires notification of parents when a judge approves a minor’s petition to get an abortion without parental consent when she feels she cannot involve parents in her decision.  Exception in cases of sexual or physical abuse by her parent when the abuse is investigated.

HB 2226 Not in effect.
Permanently enjoined, declared unconstitutional.  OCRJ was a plaintiff.   Made Oklahoma the only state where teens under 17 years of age are required to obtain a prescription in order to access Plan B One-Step, a form of emergency contraception (EC), while allowing those 17 and older to obtain EC only from a pharmacy counter with photo identification.  Ignored the time-sensitive nature of this contraceptive.

HB 2015
Adds to the already extensive, intrusive legal requirement that doctors document and report extensive information about their abortion patients.  Requires submission of ultrasound pictures, without names, to the state Department of Health, thus making their personal medical information property of the state. Allows any group of 10 Oklahoma voters to bring an action (frivolous or otherwise) against any physician for alleged violation of the statute, even if the state Department of Health has not found a violation.

2012

HB 2381
Expands Oklahoma’s existing ban on the use of telemedicine for mifepristone to ban telemedicine for any type of medically induced abortion.  Felony charge and fine for provider. (See SB 1902, passed in 2010.)

HB 2561
Allows civil action against doctor performing abortions in violation of informed consent laws.  

SB 1274
Mandates that the physician offer a woman about to undergo an abortion the opportunity to listen to the sound of an embryo or fetus’s heartbeat prior to terminating a pregnancy.  An emotional assault under the guise of “informed consent”. Exception only for narrowly framed “medical emergency”. No exception for survivors of rape or incest. Contains a personhood statement:  "’Unborn child’ means a member of the species Homo sapiens from fertilization until live birth...”

2011

SB 547
Prohibits all qualified health plans offered through an exchange established in the state from including elective abortion coverage; a separate premium must be paid and considered an optional supplemental coverage.  Rape and incest victims will thus not be covered unless they have thought to buy separate insurance for abortion.

HB 1970 Not in effect.  
Permanently enjoined, declared unconstitutional.  OCRJ was a plaintiff.   Outlawed the accepted protocol for medical (drug induced) abortion based on clinical studies and recommended by the American College of Obstetricians and Gynecologists, instead requiring physicians to follow an outdated regimen that appears on one drug’s label.  (See HB 2684, passed in 2014 and permanently enjoined.)

HB 1888
Prohibits the performance of abortions 20 weeks post-fertilization age (i.e., 22 weeks from the woman’s last menstrual period (LMP), the commonly used method for computing the length of a pregnancy).  Makes a false claim -- against the scientific evidence -- that a fetus feels pain. A significant restriction given that testing for fetal abnormalities does not fit well into this timeframe and that a medical response to fetal death in utero might be precluded even though a woman’s health is at risk.

2010

HB 2780 Not in effect. 
Permanently enjoined, declared unconstitutional.  OCRJ was a plaintiff. Mandates that a woman must have an ultrasound at least one hour before getting an abortion and receive a scripted, detailed description while the image is in her sight.  

HB 2656
Protects physicians from lawsuits if they did not give a woman and her family accurate information about her health or the health of the fetus that might have caused her to consider ending her pregnancy. Known as the “doctors may lie” law.

HB 3284
Requires doctors providing an abortion and women having an abortion to fill out an extensive and personal questionnaire.

SB 1902
Regulates the use of RU-486 (mifepristone), one drug taken to induce abortion.  Precludes the use of telemedicine whereby a doctor could administer the drug via webcam while another health professional was with the patient.  Requires reporting, perhaps in an effort to collect data to justify further restrictions. (See SB 2381, passed in 2012.)

HB 3075
Requires abortion providers to post signs that say a woman cannot be forced to have an abortion.

SB 1891
Allows health care professionals who choose not to participate in abortion or procedures involving embryos, fetal transplants and euthanasia to step away from their duties during those procedures.  

SB 1890
Prohibits abortions based on the sex of the child.  

HB 3290 Not in effect.
Prohibits insurance providers from providing coverage for elective abortions. Vetoed by the governor but passed as a different bill the following year.  (See SB 547, passed in 2011.)

2009

HB 1595 Not in effect.  
Permanently enjoined, declared unconstitutional.  Omnibus bill.  Bans abortion based on sex selection.  Redefines several abortion-related terms in Okla. Code.  Establishes Statistical Reporting for Abortion Act; including Individual Abortion Form, a 10-page document including questions about mother’s personal reasons for abortion, marital and relationship status, education level, race. Sets new requirements for state Dept. of Health and two state medical boards for gathering and analyzing abortion data and enforcing state laws on abortion.

2008

SB 1878 Not in effect.  
Permanently enjoined, declared unconstitutional.  Omnibus bill.  Requiring mandatory ultrasound, display of images to patient, verbal description.  Regulation of RU-486 (mifepristone); felony, actual and punitive damages. Signage required in clinics.  Freedom of Conscience Act.

2007

SB 139 Omnibus bill.  
Prohibits public funds, institutions, facilities or providers from performing abortions with limited exceptions (therapeutic abortions).  Prohibits health insurance coverage for abortion without separate rider and additional premium. Establishes multiple felony actions. Modifies parental consent and notification requirements.  Requires additional reporting by providers.

2006

SB 1742 Omnibus bill.  
Requires statement regarding fetal pain at 20 weeks’ gestation (which is not supported by any credible medical source) and anesthesia.  Modifies homicide definition against a “human being” to include, separately, any “unborn child” (a step toward Personhood for fertilized eggs).  Expands requirements for parental consent and notification. Establishes state “Alternatives-to-Abortion Services Revolving Fund” to fund nongovernmental organizations.  Expands informed consent requirements to include offer of ultrasound and heart tone monitoring. Establishes felony for violation of informed consent. Expands physician reporting requirements.

2005

SB 983
Specifies health care services under “Maternal and Infant Improvement Act” do not include abortion, referral, or abortion counseling.

HB 1686 Omnibus bill.  
Criminal and civil actions for wrongful death expanded to include “unborn child”.  Sets parental notification and judicial bypass requirements. Sets mandatory waiting periods.  Establishes informed consent requirements. Sets criminal, civil penalties and actions for violation of informed consent.