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.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

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.

Status: in_force · Read it on the official government site

Need a lawyer in Oklahoma?

Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.