Okla. Stat. tit. 63, § 63-1-738n

rules – Claims brought by taxpayers.

A. The State Board of Medical Licensure and Supervision and the

State Board of Osteopathic Examiners shall notify, by March 1, 2012,

all physicians licensed to practice in this state over whom they

have licensure authority of the requirements of the Statistical

Abortion Reporting Act and of the addresses of the pages on the

State Department of Health's secure Internet website providing

access to the forms it requires and instructions for their

electronic submission. The respective Board shall also notify each

physician who subsequently becomes newly licensed to practice in

this state, at the same time as an official notification to that

physician, that the physician is so licensed.

B. Individual Abortion Forms or Complications of Induced

Abortion Reports that are not 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 the forms or reports are overdue. Any monies

collected under this subsection shall be deposited into an account

created within the Department, which shall be used for the

administration of the Statistical Abortion Reporting Act. Any

physician required to report in accordance with the Statistical

Abortion Reporting Act who has not completed and electronically

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

or report, more than one (1) year following the due date shall be

precluded from renewing his or her license until such fines are paid

in full and outstanding forms or reports are submitted, and may, in

an action brought by the State Department of Health, be directed by

a court of competent jurisdiction to electronically submit completed

forms or reports within a period stated by court order or be subject

to sanctions for civil contempt.

C. Anyone who knowingly or recklessly fails to submit an

Individual Abortion Form or Complications of Induced Abortion

Report, or submits false information under the Statistical Abortion

Reporting Act, shall be guilty of a misdemeanor.

D. The Department, the State Board of Medical Licensure and

Supervision and the State Board of Osteopathic Examiners shall

ensure compliance with the Statistical Abortion Reporting Act and

shall verify the data provided by periodic inspections of places

where the Department, the State Board of Medical Licensure and

Supervision or the State Board of Osteopathic Examiners know or have

reason to believe abortions are performed.

Oklahoma Statutes - Title 63. Public Health and Safety Page 361

E. The Department may promulgate rules in accordance with the

Administrative Procedures Act to alter the dates established by the

Statistical Abortion Reporting Act to achieve administrative

convenience, fiscal savings, or to reduce the burden of reporting

requirements, so long as the forms and reports are made available,

on its stable Internet website, to all licensed physicians in this

state, and the public reports described in Section 1-738m of this

title are issued at least once every year.

F. If the Department fails to issue the public reports

described in Section 1-738m of this title, an action pursuant to

Chapter 26 of Title 12 of the Oklahoma Statutes may be initiated.

If judgment is rendered in favor of the plaintiff in any action

described in this subsection, the court shall also render judgment

for a reasonable attorney fee in favor of the plaintiff against the

defendant. If judgment is rendered in favor of the defendant and

the court finds that the plaintiff's suit was frivolous and brought

in bad faith, the court shall also render judgment for a reasonable

attorney fee in favor of the defendant against the plaintiff.

G. If an abortion provider fails to submit any report required

pursuant to Section 1-738k of this title, upon the refusal, failure
defendant. If judgment is rendered in favor of the defendant and

the court finds that the plaintiff's suit was frivolous and brought

in bad faith, the court shall also render judgment for a reasonable

attorney fee in favor of the defendant against the plaintiff.

G. If an abortion provider fails to submit any report required

pursuant to Section 1-738k of this title, upon the refusal, failure

or neglect of the State Commissioner of Health, within twenty (20)

days after written demand signed, verified and served upon the State

Department of Health by at least ten registered voters of the state,

to institute or diligently prosecute proper proceedings at law or in

equity to compel an abortion provider to submit any report required

pursuant to Section 1-738k of this title but not yet submitted to

the State Department of Health, any resident taxpayer of the state

after serving the notice aforesaid may in the name of the State of

Oklahoma as plaintiff, institute and maintain any proper action

which the State Department of Health might institute and maintain to

compel the abortion provider to file such report. If a court of

competent jurisdiction determines the claims to be meritorious, the

abortionist shall be compelled to file the report and to pay the

fee(s) prescribed in subsection B of this section, with costs and

reasonable attorney fees. If all claims stated by the resident

taxpayers in the written demand are determined in a court of

competent jurisdiction to be frivolous and brought in bad faith, the

resident taxpayers who signed such demand and who are parties to the

lawsuit in which such claims are determined to be frivolous and

brought in bad faith shall be jointly and severally liable for all

reasonable attorney fees and court costs incurred by the

abortionist.