Okla. Stat. tit. 63, § 63-1-738.2
This is the official text of Okla. Stat. tit. 63, § 63-1-738.2, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Voluntary and informed consent - Compliance by
Official statutory text
physicians - Confirmation of receipt of medical risk information.
A. No abortion shall be performed in this state except with the
voluntary and informed consent of the woman upon whom the abortion
is to be performed.
B. Except in the case of a medical emergency, consent to an
abortion is voluntary and informed if and only if:
1. a. not less than seventy-two (72) hours prior to the
performance of the abortion, the woman is told the
following, by telephone or in person, by the physician
who is to perform the abortion, or by a referring
physician, or by an agent of either physician:
(1) the name of the physician who will perform the
abortion,
(2) the medical risks associated with the particular
abortion procedure to be employed,
(3) the probable gestational age of the unborn child
at the time the abortion is to be performed,
(4) the medical risks associated with carrying her
child to term, and
(5) that ultrasound imaging and heart tone monitoring
that enable the pregnant woman to view her unborn
child or listen to the heartbeat of the unborn
child are available to the pregnant woman. The
physician or agent of the physician shall inform
the pregnant woman that the website and printed
materials described in Section 1-738.3 of this
title, contain phone numbers and addresses for
facilities that offer such services at no cost,
b. the information required by this paragraph may be
provided by telephone without conducting a physical
examination or tests of the woman. If the information
Oklahoma Statutes - Title 63. Public Health and Safety Page 323
is supplied by telephone, the information shall be
based on facts supplied to the physician,
c. the information required by this paragraph shall not
be provided by a tape recording, but shall be provided
during a consultation in which the physician is able
to ask questions of the woman and the woman is able to
ask questions of the physician,
d. if a physical examination, tests, or other new
information subsequently indicates, in the medical
judgment of the physician, the need for a revision of
the information previously supplied to the woman, that
revised information may be communicated to the woman
at any time prior to the performance of the abortion,
and
e. nothing in subparagraph a of this paragraph may be
construed to preclude provision of the required
information in a language understood by the woman
through a translator;
2. Not less than seventy-two (72) hours prior to the abortion,
the woman is informed, by telephone or in person, by the physician
who is to perform the abortion, by a referring physician, or by an
agent of either physician:
a. that medical assistance benefits may be available for
prenatal care, childbirth, and neonatal care,
b. that the father is liable to assist in the support of
her child, even in instances in which the father has
offered to pay for the abortion,
c. that:
(1) she has the option to review the printed
materials described in Section 1-738.3 of this
title,
(2) those materials have been provided by the State
Board of Medical Licensure and Supervision, and
(3) they describe the unborn child and list agencies
that offer alternatives to abortion, and
d. (1) if the woman chooses to exercise her option to
view the materials in a printed form, they shall
be mailed to her, by a method chosen by the
woman, or
cribed in Section 1-738.3 of this
title,
(2) those materials have been provided by the State
Board of Medical Licensure and Supervision, and
(3) they describe the unborn child and list agencies
that offer alternatives to abortion, and
d. (1) if the woman chooses to exercise her option to
view the materials in a printed form, they shall
be mailed to her, by a method chosen by the
woman, or
(2) if the woman chooses to exercise her option to
view the materials via the Internet, the woman
shall be informed at least seventy-two (72) hours
before the abortion of the specific address of
the Internet website where the material can be
accessed.
The information required by this paragraph may be provided by a
tape recording if provision is made to record or otherwise register
Oklahoma Statutes - Title 63. Public Health and Safety Page 324
specifically whether the woman does or does not choose to review the
printed materials;
3. The woman certifies in writing, prior to the abortion, that
she has been told the information described in subparagraph a of
paragraph 1 of this subsection and in subparagraphs a, b and c of
paragraph 2 of this subsection and that she has been informed of her
option to review or reject the printed information described in
Section 1-738.3 of this title; and
4. Prior to the abortion, the physician who is to perform the
abortion or the agent of the physician receives a copy of the
written certification prescribed by paragraph 3 of this subsection.
C. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall promulgate rules to
ensure that physicians who perform abortions and referring
physicians or agents of either physician comply with all the
requirements of this section.
D. Before the abortion procedure is performed, the physician
shall confirm with the patient that she has received information
regarding:
1. The medical risks associated with the particular abortion
procedure to be employed;
2. The probable gestational age of the unborn child at the time
the abortion is to be performed; and
3. The medical risks associated with carrying the unborn child
to term.
A. No abortion shall be performed in this state except with the
voluntary and informed consent of the woman upon whom the abortion
is to be performed.
B. Except in the case of a medical emergency, consent to an
abortion is voluntary and informed if and only if:
1. a. not less than seventy-two (72) hours prior to the
performance of the abortion, the woman is told the
following, by telephone or in person, by the physician
who is to perform the abortion, or by a referring
physician, or by an agent of either physician:
(1) the name of the physician who will perform the
abortion,
(2) the medical risks associated with the particular
abortion procedure to be employed,
(3) the probable gestational age of the unborn child
at the time the abortion is to be performed,
(4) the medical risks associated with carrying her
child to term, and
(5) that ultrasound imaging and heart tone monitoring
that enable the pregnant woman to view her unborn
child or listen to the heartbeat of the unborn
child are available to the pregnant woman. The
physician or agent of the physician shall inform
the pregnant woman that the website and printed
materials described in Section 1-738.3 of this
title, contain phone numbers and addresses for
facilities that offer such services at no cost,
b. the information required by this paragraph may be
provided by telephone without conducting a physical
examination or tests of the woman. If the information
Oklahoma Statutes - Title 63. Public Health and Safety Page 323
is supplied by telephone, the information shall be
based on facts supplied to the physician,
c. the information required by this paragraph shall not
be provided by a tape recording, but shall be provided
during a consultation in which the physician is able
to ask questions of the woman and the woman is able to
ask questions of the physician,
d. if a physical examination, tests, or other new
information subsequently indicates, in the medical
judgment of the physician, the need for a revision of
the information previously supplied to the woman, that
revised information may be communicated to the woman
at any time prior to the performance of the abortion,
and
e. nothing in subparagraph a of this paragraph may be
construed to preclude provision of the required
information in a language understood by the woman
through a translator;
2. Not less than seventy-two (72) hours prior to the abortion,
the woman is informed, by telephone or in person, by the physician
who is to perform the abortion, by a referring physician, or by an
agent of either physician:
a. that medical assistance benefits may be available for
prenatal care, childbirth, and neonatal care,
b. that the father is liable to assist in the support of
her child, even in instances in which the father has
offered to pay for the abortion,
c. that:
(1) she has the option to review the printed
materials described in Section 1-738.3 of this
title,
(2) those materials have been provided by the State
Board of Medical Licensure and Supervision, and
(3) they describe the unborn child and list agencies
that offer alternatives to abortion, and
d. (1) if the woman chooses to exercise her option to
view the materials in a printed form, they shall
be mailed to her, by a method chosen by the
woman, or
cribed in Section 1-738.3 of this
title,
(2) those materials have been provided by the State
Board of Medical Licensure and Supervision, and
(3) they describe the unborn child and list agencies
that offer alternatives to abortion, and
d. (1) if the woman chooses to exercise her option to
view the materials in a printed form, they shall
be mailed to her, by a method chosen by the
woman, or
(2) if the woman chooses to exercise her option to
view the materials via the Internet, the woman
shall be informed at least seventy-two (72) hours
before the abortion of the specific address of
the Internet website where the material can be
accessed.
The information required by this paragraph may be provided by a
tape recording if provision is made to record or otherwise register
Oklahoma Statutes - Title 63. Public Health and Safety Page 324
specifically whether the woman does or does not choose to review the
printed materials;
3. The woman certifies in writing, prior to the abortion, that
she has been told the information described in subparagraph a of
paragraph 1 of this subsection and in subparagraphs a, b and c of
paragraph 2 of this subsection and that she has been informed of her
option to review or reject the printed information described in
Section 1-738.3 of this title; and
4. Prior to the abortion, the physician who is to perform the
abortion or the agent of the physician receives a copy of the
written certification prescribed by paragraph 3 of this subsection.
C. The State Board of Medical Licensure and Supervision and the
State Board of Osteopathic Examiners shall promulgate rules to
ensure that physicians who perform abortions and referring
physicians or agents of either physician comply with all the
requirements of this section.
D. Before the abortion procedure is performed, the physician
shall confirm with the patient that she has received information
regarding:
1. The medical risks associated with the particular abortion
procedure to be employed;
2. The probable gestational age of the unborn child at the time
the abortion is to be performed; and
3. The medical risks associated with carrying the unborn child
to term.
Status: in_force · Read it on the official government site
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