Okla. Stat. tit. 63, § 63-1-738.3a

Contents of form - Submission - Late fee.

A. By February 1, 2008, the State Department of Health shall

prepare and make available on its stable Internet website the form

described in subsection B of this section. A copy of this act shall

be posted on the website. Physicians performing abortions shall

complete and electronically submit the required forms to the

Department no later than April 1 for the previous calendar year.

Nothing in the report shall contain the name, address, or any other

identifying information of any patient.

B. The form for physicians shall contain a listing for the

following information:

1. The number of females to whom the physician, or an agent of

the physician, provided the information described in Section 1-738.2

of Title 63 of the Oklahoma Statutes; of that number, the number

provided the information by telephone and the number provided the

information in person; and of each of those numbers, the number

provided the information in the capacity of a referring physician

and the number provided the information in the capacity of a

physician who is to perform the abortion; and of each of those

numbers, the number provided the information by the physician and

the number provided the information by an agent of the physician;

2. The number of females who availed themselves of the

opportunity to obtain a copy of the printed information described in

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Section 1-738.3 of Title 63 of the Oklahoma Statutes other than on

the website, and the number who did not; and of each of those

numbers, the number who, to the best of the information and belief

of the reporting physician, went on to obtain the abortion; and

3. The number of abortions performed by the physician in which

information otherwise required to be provided at least seventy-two

(72) hours before the abortion was not so provided because an

immediate abortion was necessary to avert the death of the female,

and the number of abortions in which the information was not so

provided because a delay would cause substantial and irreversible

impairment of a major bodily function.

C. The State Department of Health shall ensure that the

reporting forms described in subsection B of this section are

posted, on its stable Internet website, within one hundred twenty

(120) days after the effective date of this act. The State

Department of Health shall notify the following of the requirements

of this act:

1. By March 1, 2008, all physicians licensed to practice in

this state;

2. Each physician who subsequently becomes newly licensed to

practice in this state, at the same time as official notification to

that physician that the physician is so licensed; and

3. By December 1 of each year, other than the calendar year in

which forms are first made available to all physicians licensed to

practice in this state.

D. By February 28 of each year following a calendar year in any

part of which this section was in effect, each physician who

provided, or whose agent provided, information to one or more

females in accordance with Section 1-738.2 of Title 63 of the

Oklahoma Statutes during the previous calendar year shall

electronically submit to the State Department of Health the form

described in subsection B of this section, with the requested data

entered accurately and completely.

E. Reports that are not electronically submitted by the end of

a grace period of thirty (30) days following the due date shall be

subject to a late fee of Five Hundred Dollars ($500.00) for each

additional thirty-day period or portion of a thirty-day period the

reports are overdue. Any physician required to report in accordance

with this section who has not completed and electronically submitted

a report, or has electronically submitted only an incomplete report,

more than one (1) year following the due date, may, in an action
to a late fee of Five Hundred Dollars ($500.00) for each

additional thirty-day period or portion of a thirty-day period the

reports are overdue. Any physician required to report in accordance

with this section who has not completed and electronically submitted

a report, or has electronically submitted only an incomplete report,

more than one (1) year following the due date, may, in an action

brought by the State Department of Health, be directed by a court of

competent jurisdiction to electronically submit a complete report

within a period stated by court order or be subject to sanctions for

civil contempt.

F. By June 30 of each year, the State Department of Health

shall prepare and make available on its stable Internet website a

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public report providing statistics for the previous calendar year

compiled from all items listed in subsection B of this section.

Each report shall also provide statistics for all previous calendar

years, adjusted to reflect any additional information from late or

corrected reports. The State Department of Health shall take care

to ensure that none of the information included in the public

reports could reasonably lead to the identification of any

individual providing or provided information in accordance with

subsection B of this section.

G. The State Department of Health may promulgate rules in

accordance with the Administrative Procedures Act to alter the dates

established by this section or consolidate the form or report

described in this section with other forms or reports to achieve

administrative convenience, fiscal savings or to reduce the burden

of reporting requirements, as long as reporting forms are made

available, on its stable Internet website to all licensed physicians

in the state, and the report described in this section is issued at

least once every year.