A. No abortion-inducing drug shall be provided without the informed consent of the pregnant woman as described in this section to whom the abortion-inducing drug is provided.
B. Informed consent to a chemical abortion shall be obtained at least seventy-two (72) hours before the abortion-inducing drug is provided to the pregnant woman, except if in reasonable medical judgment, compliance with this subsection would pose a greater risk of:
1. The death of the pregnant woman; or
2. The substantial and irreversible physical impairment of a major bodily function not including psychological or emotional conditions, of the pregnant woman.
C. A form created by the State Department of Health shall be used by a qualified physician to obtain the consent required prior to providing an abortion-inducing drug.
D. A consent form is not valid and consent is not sufficient, unless:
1. The patient initials each entry, list, description or declaration required to be on the consent form as detailed in paragraphs 1 through 6 of subsection E of this section;
2. The patient signs the "consent statement" described in paragraph 11 of subsection E of this section; and
3. The qualified physician signs the "qualified physician declaration" described in paragraph 12 of subsection E of this section.
E. The consent form shall include, but is not limited to, the following:
1. The probable gestational age of the unborn child as determined by both patient history and by ultrasound results used to confirm gestational age;
2. A detailed description of the steps to complete the chemical abortion;
3. A detailed list of the risks related to the specific abortion-inducing drug or drugs to be used including, but not limited to, hemorrhaging, failure to remove all tissue of the unborn child which may require an additional procedure, sepsis, sterility and possible continuation of pregnancy;
4. Information about Rh incompatibility including that if she has an Rh-negative blood type, she should receive an injection of Rh immunoglobulin at the time of the abortion to prevent Rh incompatibility in future pregnancies;
5. That the risks of complications from a chemical abortion including incomplete abortion, increase with advancing gestational age;
6. That it may be possible to reverse the effects of the chemical abortion should she change her mind, but that time is of the essence;
7. That she may see the remains of her unborn child in the process of completing the abortion;
8. That initial studies suggest that children born after reversing the effects of Mifeprex/mifepristone have no greater risk of birth defects than the general population;
9. That initial studies suggest there is no increased risk of maternal mortality after reversing the effects of Mifeprex/mifepristone;
10. That information on and assistance with reversing the effects of abortion-inducing drugs are available in the state-prepared materials;
11. An "acknowledgment of risks and consent statement" which shall be signed by the patient. The statement shall include, but is not limited to, the following declarations, which shall be individually initialed by the patient:
12. A "qualified physician declaration", which shall be signed by the qualified physician, stating that the qualified physician has explained the abortion-inducing drug or drugs to be used, has provided all of the information required in subsection E of this section, and has answered all of the woman's questions.
Added by Laws 2021, c. 577, § 6, eff. Nov. 1, 2021.
Structure Oklahoma Statutes
Title 63. Public Health and Safety
§63-1-102. Definitions of terms used in Code.
§63-1-103. State Board of Health created.
§63-1-103a. Short title - Oklahoma Public Health Advisory Council Modernization Act.
§63-1-103a.1. Public Health Advisory Councils.
§63-1-104. State Commissioner of Health – Powers and duties.
§63-1-105. State Department of Health created.
§63-1-105a. Liability insurance for certain employees.
§63-1-105b. Soliciting residents for nursing care facilities.
§63-1-105c. Conflicts of interest.
§63-1-105d. Tobacco Prevention and Cessation Revolving Fund.
§63-1-105e. Duties of Department of Health.
§63-1-105f. Office of Accountability Systems.
§63-1-106. State Commissioner of Health - Qualifications - Powers and duties.
§63-1-106.1. Fee schedule for licenses, permits and other health services.
§63-1-106.2. Uniform application to be used in credentialing process.
§63-1-106.3. Oklahoma Food Service Advisory Council
§63-1-106.4. Chief Medical Officer.
§63-1-107. Public Health Special Fund.
§63-1-107.1A. Eldercare Revolving Fund.
§63-1-107.2. Vaccine Revolving Fund.
§63-1-107.3. Health Department Media Campaign Revolving Fund.
§63-1-107.4. Oklahoma Department of Health Civil Monetary Penalty Revolving Fund.
§63-1-108. Federal funds - Grants and donations.
§63-1-109. Right to choose practitioner.
§63-1-110.1. Children First Fund.
§63-1-114.1. Comprehensive Childhood Lead Poisoning Prevention Program.
§63-1-114.2. Dental Health Service.
§63-1-117. Legislative findings - Intent.
§63-1-118. Division of Health Care Information - Powers and duties.
§63-1-119. Collection of health care data.
§63-1-120. Confidentiality of data - Disclosure upon court order - Immunity from liability.
§63-1-132.1. Office of the State Coordinator for Health Information Exchange.
§63-1-201. County board of health - Membership.
§63-1-202. County board of health - Powers and duties.
§63-1-203. County superintendent of health - Appointment - Compensation.
§63-1-204. County superintendent of health - Powers and Duties.
§63-1-206. Functions of health departments.
§63-1-206.1. Nonphysician services - Fees - Agreements to provide services - Disposition of funds.
§63-1-207. Cooperative departments of health - Agreements for.
§63-1-208. Funds for operation of health departments.
§63-1-208.1. Regional guidance centers and services.
§63-1-209. Cities and towns - Health authorities - Licensing and Inspection - Ordinances.
§63-1-210. City-county board of health in certain counties - Membership.
§63-1-211. Organization - Meetings - Compensation.
§63-1-212. Powers and duties of city - county board of health.
§63-1-212.1. Peace officer certificates for certain employees.
§63-1-213. Board of county commissioners - Rules and regulations - Fees.
§63-1-215. Duties of director of city-county health department.
§63-1-216. Agreements with other municipalities, agencies and organizations.
§63-1-217. Fees - Disposition.
§63-1-218.1. Travel expenses - Reimbursement - Payment by credit card.
§63-1-222.1. Governing boards - Membership - Tenure.
§63-1-222.2. Duties of governing boards.
§63-1-222.3. Support of programs.
§63-1-222.4. Screening of minors to avoid duplication of services.
§63-1-223. Constitutional levy for health department.
§63-1-224. Election on constitutional levy.
§63-1-225. Repeal of constitutional levy.
§63-1-226. Annual budget for health department.
§63-1-227. Short title - Intent of Legislature - Office of Child Abuse Prevention created.
§63-1-227.2. Power and duties of Office of Child Abuse Prevention.
§63-1-227.3. Comprehensive state plan for prevention of child abuse and neglect.
§63-1-227.6. Funding of child abuse prevention programs.
§63-1-227.7. Director of Office of Child Abuse Prevention - Power and duties.
§63-1-227.8. Child Abuse Prevention Fund.
§63-1-227.9. Child Abuse Training and Coordination Council.
§63-1-229.3. Tobacco Use Reduction Fund.
§63-1-229.7. Retention of unexpended appropriated funds.
§63-1-229.8. Contractor reports – Report to Governor and Legislature.
§63-1-229.11. Short title - Prevention of Youth Access to Tobacco Act.
§63-1-229.15. Signs in retail establishments required – Fines.
§63-1-229.16. Notice to retail employees - Signed acknowledgement.
§63-1-229.17. Vending machine sales restricted.
§63-1-229.20. Regulation by agencies or political subdivisions restricted.
§63-1-229.22. Enforcement of Act by ABLE Commission.
§63-1-229.23. Municipalities to furnish information to ABLE Commission.
§63-1-229.24. Distribution of administrative fines to municipalities.
§63-1-229.25. Certain other penalties authorized by law not excluded.
§63-1-229.29. Retail sale of alcoholic beverages or low-point beer – Posting of signs – Penalty.
§63-1-229.31. Enforcement of act - Enlistment of persons under 21 years of age.
§63-1-229.32. Other penalties authorized by law not excluded.
§63-1-229.33. Prevention of Youth Access to Alcohol Revolving Fund.
§63-1-229.34. Hired bus or limousine service.
§63-1-229.35. Vapor manufacturers to attest to applying for or receiving a marketing order.
§63-1-231. Short title - Purpose.
§63-1-232. Statewide program to promote health care.
§63-1-233. Providers as state employees - Protection from liability - Employment contracts.
§63-1-233.1. Short title - Ava's Law – Information to be provided to pregnant individuals.
§63-1-234.1. Breast-feeding – Declaration as right.
§63-1-237.1. Postponing Sexual Involvement for Young Teens program.
§63-1-242. Short title - Maternal Mortality Review Act.
§63-1-242.2. Maternal Mortality Review Committee.
§63-1-242.3. Investigation – Subpoena for production of records.
§63-1-242.4. Composition and structure of Committee.
§63-1-243. Requirements concerning perinatal mental health disorders.
§63-1-260.2. Purposes of act – Duties of Board of Health and Department of Health.
§63-1-260.4. Osteoporosis prevention and awareness.
§63-1-270. Plan for statewide coordinated system of care for stroke.
§63-1-270.2. Human embryo – Stem cell research – Reporting system.
§63-1-280.1. Sooner Start program treatment of autism spectrum disorders - Funding - Contracts.
§63-1-280.3. Outreach program providing intensive behavioral intervention for children with autism.
§63-1-290.2. Registered nurses - Physician-approved protocols.
§63-1-290.3. Construction of act - Severability.
§63-1-291.1. Short title-Oklahoma Veterans Brain Injury Treatment and Recovery Act of 2014.
§63-1-291.2. Hyperbaric oxygen treatment defined.
§63-1-291.3. Veterans Traumatic Brain Injury Treatment and Recovery Revolving Fund.
§63-1-291.6. Payment of treatment costs.
§63-1-302. Rules and regulations.
§63-1-303. System of vital statistics.
§63-1-304. State Commissioner of Health - Duties.
§63-1-311. See the following versions:
§63-1-311.1. Obtaining social security numbers for live births and deaths.
§63-1-311v1. Birth certificates - Filing - Contents - Surrogates.
§63-1-311v2. Birth certificates - Filing - Contents - Surrogates.
§63-1-312. Infant of unknown parentage.
§63-1-313. Delayed birth certificate.
§63-1-314. Delayed death certificate.
§63-1-315. Judicial proceeding for record of birth.
§63-1-316. New certificate of birth.
§63-1-316a. Heirloom birth certificates.
§63-1-316b. Short title - Death Certificate Accuracy Act.
§63-1-317. See the following versions:
§63-1-317a. Electronic capture of death certificate.
§63-1-317b. List of all registered deaths of residents indicated as veterans on death record.
§63-1-317c. Confidentiality and disclosure – Construction with Section 1-323.
§63-1-317d. Sudden unexplained infant death investigation (SUIDI).
§63-1-317v1. Death certificate - Filing - Contents.
§63-1-317v2. Death certificate - Filing - Contents.
§63-1-318. Fetal death certificate - Filing - Contents.
§63-1-318.1. MISSing Angels Act – Christopher and Kendall’s Law.
§63-1-318.2. Certificate of birth for stillborn child.
§63-1-319. Disinterment Permit - Notice of Disinterment and Reinterment.
§63-1-320. Extension of time to file certificate.
§63-1-321. Amendment of certificate or record.
§63-1-322. Copies of records - Certification.
§63-1-323. Vital statistics records confidential – Exceptions – Online public index.
§63-1-323.1. Notification system for identifying missing children.
§63-1-324. Certified copies of records - Evidentiary value.
§63-1-324.1. Birth, death or stillbirth certificates - Prohibited acts - Penalties.
§63-1-324.2. Unlawful acts - Penalties.
§63-1-325. Fees for certified copies of records - Noncollectible drafts - Enlistees.
§63-1-326. Inmates of institutions - Records - Deaths.
§63-1-327. Information concerning birth or death.
§63-1-329.1. Cremation - Burial at sea - Bodies for pathologic study - Disposal permits.
§63-1-334. Marriage and divorce – Nonidentifiable aggregate data.
§63-1-402. Examinations for tuberculosis.
§63-1-403. Exposure to tuberculosis.
§63-1-405. Freedom to choose treatment.
§63-1-409. Reciprocal agreements.
§63-1-410. Hospitalization and treatment.
§63-1-450. Oklahoma Plan for Comprehensive Treatment of Chronic Obstructive Pulmonary Disease Act.
§63-1-502. Rules and regulations.
§63-1-502.1. Communicable diseases - Universal precautions - Rules and regulations - Risk exposure.
§63-1-502.4. Notice to funeral director or embalmer of communicable disease.
§63-1-503. Reports of disease.
§63-1-504. Quarantine - Violation of quarantine unlawful - Injunctive relief.
§63-1-505. Removal of diseased persons authorized.
§63-1-506. Permission for removal of diseased persons.
§63-1-507. Schools - Attendance of diseased pupils.
§63-1-508. Animals - Quarantine.
§63-1-509. Inflammation of eyes of newborn infants.
§63-1-510. Required eye treatment of infant - Exemption.
§63-1-515. Pregnant women - Tests for syphilis.
§63-1-515.1. Physicians attending upon pregnant females – Blood sample.
§63-1-516. Reports - Blood tests for syphilis.
§63-1-518. Report and treatment of disease.
§63-1-520. False discharge from treatment - Penalty.
§63-1-521. Treatment by person not a physician.
§63-1-522. Treatment without prescription.
§63-1-526. Rules and regulations.
§63-1-527. Reports of a sexually transmitted infection.
§63-1-528. Sexually transmitted infection cases - Instructions - Notification.
§63-1-529. Investigations by health officers.
§63-1-530. Protection against spread of infection.
§63-1-531. Certificates of freedom from infection.
§63-1-532. Publicity of information and reports.
§63-1-532.1. Minor's consent to examination and treatment for sexually transmitted infections.
§63-1-533. See the following versions:
§63-1-534.2. State Plan for the Prevention and Treatment of AIDS - Contents.
§63-1-539.1. Short title - Definitions.
§63-1-539.2. Needlestick Injury Prevention Committee – Appointments – Powers and duties.
§63-1-539.3. Uniform rules to be promulgated by certain state agencies.
§63-1-540. Information campaign on DES.
§63-1-541. Registry of persons who took DES.
§63-1-542. Report of findings and recommendations.
§63-1-543. Short title - Screening for detection of congenital or acquired hearing loss.
§63-1-543.3. Grand funding for sickle cell disease.
§63-1-545. Publication of results - Release of information.
§63-1-546.1. Short title – Legislative findings.
§63-1-546.5. District attorney multidisciplinary teams - Appropriate dispositions.
§63-1-550.2. Birth defects surveillance program.
§63-1-550.3. Record of Infants Born Exposed to Alcohol and Other Harmful Substances.
§63-1-550.4. Short title – Fayelen's Law.
§63-1-550.5. Birthing facility – Pulse oximetry screening.
§63-1-552. Investigations and other actions - Compilation and evaluation of information.
§63-1-553. Bone marrow donation program.
§63-1-553.1. Mammography reports – Breast density classification.
§63-1-554. Oklahoma Breast and Cervical Cancer Act.
§63-1-556. Contract review and recommendation.
§63-1-557. Breast and Cervical Cancer Act Revolving Fund.
§63-1-558. State income tax return check-off.
§63-1-559. Belle Maxine Hilliard Breast and Cervical Cancer Treatment Revolving Fund.
§63-1-559.2b. Legislative findings.
§63-1-559.2c. Obesity reduction programs - Department duties - Rules.
§63-1-563. Genetic counselors - License required.
§63-1-564. Requirements for licensure - Issuance of temporary license.
§63-1-565. Requirements for temporary licensure - Term of license.
§63-1-566. Exceptions to licensure requirement.
§63-1-567. Continuing education requirements.
§63-1-569. Licensure requirements - Rules.
§63-1-570. Genetic Counseling Licensure Revolving Fund.
§63-1-575. Short title - Courtney's Law – Information for chromosomal disorders.
§63-1-604. Transfer of General Hospital to City of Clinton.
§63-1-605. Unexpended appropriations - Continuance.
§63-1-702. Licenses required - Practice of healing arts or medicine
§63-1-702c. Enhanced reimbursement program for services provided to Medicare beneficiaries.
§63-1-702e. Uncompensated Care Equalization Revolving Fund.
§63-1-703. Licenses - Application - Evidence of qualifications.
§63-1-704. Licenses - Fees - Duration - Posting.
§63-1-706. Licenses - Issuance, suspension and revocation.
§63-1-706.11. Recognition of Center as resource to state's emergency medical services system.
§63-1-706.12. Purposes of Center.
§63-1-706a. Short title - No Patient Left Alone Act.
§63-1-707. Rules and standards – Oklahoma Hospital Advisory Council.
§63-1-707a. Staff privileges - Applications - Psychologists.
§63-1-707b. Granting of staff privileges - Criteria.
§63-1-709. Information confidential.
§63-1-711. Survey and inventory of hospitals and health centers.
§63-1-713. Standards of United States Surgeon General to be followed - Reports.
§63-1-719. Bonds of counties, cities and towns.
§63-1-722. Electronic- or computer-generated signatures of physician.
§63-1-723. Primary Health Care Development Revolving Fund.
§63-1-723.2. Discount program for qualified self-pay patients - Defense in collection action.
§63-1-724. Health centers – Contracts, donations, and grants.
§63-1-725.1. Short title - Transparency in Health Care Prices Act.
§63-1-725.3. Publicly available prices for common services.
§63-1-725.4. Prices required for certain services.
§63-1-725.5. Agency review of prices prohibited.
§63-1-728c. Prohibits employer discrimination - Applicable circumstances.
§63-1-728d. No requirement to admit patients - Employee refusal to participate and immunity.
§63-1-728e. Discrimination - Circumstances - Prohibitions.
§63-1-728f. Ability to sue - Damages.
§63-1-729.1. Physician presence for abortion-inducing drugs.
§63-1-729.2. Violation of act - Penalties.
§63-1-729.3. Civil actions - Damages and injunctive relief - Civil contempt.
§63-1-729.4. Anonymity of woman upon whom abortion is performed.
§63-1-729.5. Immunity from civil action.
§63-1-729.6. Interpretation of act.
§63-1-729.7. Severability of act.
§63-1-729a. Sale or distribution of RU-486.
§63-1-731. Persons who may perform abortions - Violations.
§63-1-731.2. Prohibiting certain abortions - Penalties.
§63-1-731.3. Detectable heartbeat – Abortion prohibited.
§63-1-731.4. Abortion prohibited – Exception - Penalties.
§63-1-732. Viable fetus - Grounds to abort - Procedure.
§63-1-733. Self-induced abortions.
§63-1-734. Live-born fetus - Care and treatment.
§63-1-735. Sale of child, unborn child or remains of child - Experiments.
§63-1-736. Hospitals - Advertising of counseling to pregnant women.
§63-1-737. Hospitals which may perform abortions.
§63-1-737.4. Required signage in abortion facilities.
§63-1-737.5. Failure to post signage in abortion facilities – Fine – Cause of action.
§63-1-737.6. Orally inform minors in abortion facilities – Minor certification.
§63-1-737.7. Short title - Oklahoma Unborn Child Protection from Dismemberment Abortion Act.
§63-1-737.9. Unlawful dismemberment abortions - Exceptions.
§63-1-737.10. Injunctive relief.
§63-1-737.11. Civil damages action.
§63-1-737.14. Disclosure of identity.
§63-1-737.15. Limitations of act.
§63-1-738.3. Print and online information - Requirements.
§63-1-738.3f. Civil actions - Damages.
§63-1-738.3g. Reasonable costs and attorney fees.
§63-1-738.3h. Identity of woman upon whom abortion performed - Disclosure.
§63-1-738.3i. Statute of limitations.
§63-1-738.3j. Interpretation of act.
§63-1-738.3k. Severability of act.
§63-1-738.4. Medical emergency abortions – Physician's judgment – Patient's right to information.
§63-1-738.5. Disciplinary action.
§63-1-738.9. Use of anesthetic or analgesic to eliminate or alleviate pain - Notice.
§63-1-738.11. Web site, development and maintenance.
§63-1-738.12. Medical emergency abortion - Notice of medical indications.
§63-1-738.14. Violation of Act - Penalties.
§63-1-738.15. Failure to comply with Act or issue public report - Civil liability.
§63-1-738.17. Severability of provisions.
§63-1-738i. Statistical Abortion Reporting Act.
§63-1-738j. Individual Abortion Form - Submission of abortion statistics.
§63-1-738k. Posting of Individual Abortion Form - Notice - Sample form.
§63-1-738l. Complications of Induced Abortion Report - Sample form.
§63-1-738o. Authority to intervene by right.
§63-1-738p. Judicial order restraining or enjoining Statistical Abortion Reporting Act.
§63-1-738q. Injucntion or restraining orders – Enforcement of provisions.
§63-1-740. Abortion on minor without parental consent or knowledge - Liability.
§63-1-740.2. Consent of parent - Requirements - Exceptions - Forms.
§63-1-740.2A. Evaluation and counseling session.
§63-1-740.4. Illegal abortion on unemancipated minor - Criminal and civil liability.
§63-1-740.4b. Unlawful acts - Defense - Civil action - Consent.
§63-1-740.6. Enjoinder, suspension, or delay of act.
§63-1-740.12. Alternatives-to-Abortion Services Revolving Fund.
§63-1-740.14. Injunctions or restraining orders – Enforcement of provisions.
§63-1-740.15. Short title - Choosing Childbirth Act.
§63-1-740.17. Department of Health grants to private organizations for services.
§63-1-740.18. Grant supervising entity.
§63-1-741. Abortions - Refusal to perform or participate - Exemptions.
§63-1-741.12. Wrongful life or wrongful birth action - Damages.
§63-1-743. Advertisement of mammography services - Disclosure of cost - Penalty.
§63-1-744. Short title - Parental Notification for Abortion Act.
§63-1-744.2. Notice – Waiting period.
§63-1-744.3. Medical emergency – Notice requirement.
§63-1-744.4. Exceptions to notice requirement.
§63-1-744.5. Criminal and civil liability.
§63-1-744.6. Injunction or restraining orders – Enforcement of provisions.