Okla. Stat. tit. 63, § 63-1-740.4a

fee - Public report - Rules - Failure to post public report -

Attorneys fees.

A. Any physician performing an abortion upon an unemancipated

minor shall complete and electronically transmit to the State

Department of Health a report of the procedure within thirty (30)

days after having performed the abortion. Within ninety (90) days

after this act becomes law, the State Department of Health shall

prepare and make available on its stable Internet web site the

reporting forms for this purpose to all physicians required to be

licensed in this state and health facilities licensed in accordance

with Section 1-702 of Title 63 of the Oklahoma Statutes. The

reporting form regarding the minor receiving the abortion shall

include, but not be limited to:

1. Age;

2. Educational level;

3. Number of previous pregnancies;

4. Number of previous live births;

5. Number of previous abortions;

6. Complications, if any, of the abortion being reported;

7. The city and county in which the abortion was performed;

8. Whether a parent gave consent to the physician, or an agent

of the physician, pursuant to Section 1-740.2 of Title 63 of the

Oklahoma Statutes; or

9. Whether the physician performed the abortion without first

obtaining the consent of the parent of the minor as described in

Section 1-740.2 of Title 63 of the Oklahoma Statutes; if so:

a. whether the minor was emancipated,

b. whether the abortion was performed because of a

medical emergency,

c. whether the abortion was performed to prevent the

death of the minor,

d. whether the parent was notified after the performance

of a medical emergency abortion, and

e. whether the parent was notified after the performance

of an abortion to prevent the death of the minor;

10. Whether a judicial waiver was obtained after the

performance of a medical emergency abortion; and

11. Whether a judicial waiver was obtained after the

performance of an abortion to prevent the death of the minor.

B. The State Department of Health shall ensure that the

reporting forms described in this section, together with a reprint

of this act, are posted on its stable Internet web site, within one

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

State Department of Health shall notify:

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1. Each physician who subsequently becomes newly licensed to

practice in this state, simultaneously with the receipt of official

notification to that physician that the physician is so licensed, of

the requirements of this act; and

2. By December 1 of every year, other than the calendar year in

which forms are made available in accordance with subsection A of

this section, all physicians licensed to practice in this state.

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

part of which this act was in effect, each physician, or agent of a

physician, who obtained the consent described in Section 1-740.2 of

Title 63 of the Oklahoma Statutes, and any physician who knowingly

performed an abortion upon a pregnant minor or upon a female for

whom a guardian or conservator had been appointed pursuant to

applicable federal law or as provided by Section 1-113 of Title 30

of the Oklahoma Statutes because of incompetency during the previous

calendar year shall complete and electronically submit to the State

Department of Health the form described in subsection A of this

section, with the requested data entered accurately and completely.

Any such report shall not contain the name, address, or other

information by which the minor receiving the abortion may be

identified.

D. 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 or portion of a thirty-day period the reports are

overdue. Any physician required to report in accordance with this
ormation by which the minor receiving the abortion may be

identified.

D. 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 or portion of a thirty-day period the reports are

overdue. Any physician required to report in accordance with this

section who has not 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 submit a complete report within a period stated by

court order or be subject to sanctions for civil contempt.

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

shall post, on its stable Internet web site, a public report

providing statistics for the previous calendar year compiled from

all of the reports covering that year submitted in accordance with

this section for each of the items listed in subsection A of this

section. The report shall also include statistics giving the total

number of petitions or motions filed under Section 1-740.3 of Title

63 of the Oklahoma Statutes and of that number:

1. The number in which the court appointed a guardian ad litem;

2. The number in which the court appointed counsel;

3. The number in which the judge issued an order authorizing an

abortion without notification; and

4. The number in which the judge denied such an order, and of

this:

a. the number of denials from which an appeal was filed,

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b. the number of the appeals that resulted in the denial

being affirmed, and

c. the number of appeals that resulted in reversals of

the denials.

Each report shall also provide the statistics for all previous

calendar years for which the public statistical report was required

to be issued, 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 female.

F. 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 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 web site, to all licensed physicians in the

state at least once every year and the report described in

subsection E of this section is posted at least once every year.

G. If the State Department of Health fails to post the public

report required by subsection E of this section, an action may be

initiated pursuant to Title 12 of the Oklahoma Statutes.

H. If judgment is rendered in favor of the plaintiff in any

action described in this section, 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.