Okla. Stat. tit. 63, § 63-1-748

requirement - Violations - Penalties.

A. The State Board of Health shall establish abortion facility

supplies and equipment standards, including equipment required to be

immediately available for use in an emergency. Such standards

shall, at a minimum:

1. Specify required equipment and supplies, including

medications, required for the performance of abortion procedures and

for monitoring the progress of each patient throughout the abortion

procedure and post-procedure recovery period;

2. Require that the number or amount of equipment and supplies

at the facility is adequate at all times to assure sufficient

quantities of clean and sterilized durable equipment and supplies to

meet the needs of each patient;

3. Specify the mandated equipment and supplies for required

laboratory tests and the requirements for protocols to calibrate and

maintain laboratory equipment at the abortion facility or operated

by facility staff;

4. Require ultrasound equipment in all abortion facilities; and

5. Require that all equipment is safe for the patient and

facility staff, meets applicable federal standards, and is checked

annually to ensure safety and appropriate calibration.

Oklahoma Statutes - Title 63. Public Health and Safety Page 428

B. On any day when any abortion is performed in a facility

providing abortions, a physician with admitting privileges at a

general medical surgical hospital which offers obstetrical or

gynecological care in this state within thirty (30) miles of where

the abortion is being performed must remain on the premises of the

facility to facilitate the transfer of emergency cases if

hospitalization of an abortion patient or a child born alive is

necessary and until all abortion patients are stable and ready to

leave the recovery room.

C. The State Board of Health shall adopt standards relating to

the training physician assistants licensed pursuant to the

provisions of Section 519.1 of Title 59 of the Oklahoma Statutes and

employed by or providing services in a facility providing abortions

shall receive in counseling, patient advocacy, and the specific

medical and other services.

D. The State Board of Health shall adopt standards related to

the training that volunteers at facilities providing abortions shall

receive in the specific services that the volunteers provide,

including counseling and patient advocacy.

E. The State Board of Health shall adopt standards related to

the medical screening and evaluation of each abortion patient. At

minimum these standards shall require:

1. A medical history, including the following:

a. reported allergies to medications, antiseptic

solutions, and latex,

b. obstetric and gynecological history,

c. past surgeries, and

d. medication the patient is currently taking;

2. A physical examination, including a bimanual examination

estimating uterine size and palpation of the adnexa; and

3. The appropriate preprocedure testing, including:

a. urine or blood tests for pregnancy, if ordered by a

physician,

b. a test for anemia,

c. Rh typing, unless reliable written documentation of

blood type is available, and

d. an ultrasound evaluation for all patients who elect to

have an abortion. The physician performing the

abortion is responsible for estimating the gestational

age of the unborn child based on the ultrasound

examination and established standards of obstetrical

care and shall write the estimate in the patient's

medical record. An original print of each ultrasound

examination of the patient shall be kept in the

patient's medical record.

Oklahoma Statutes - Title 63. Public Health and Safety Page 429

F. The State Board of Health shall adopt standards related to

the performance of the abortion procedure and post-procedure follow-

up care. At minimum these standards shall require:

1. That medical personnel are available to all abortion

patients throughout the procedure;
e patient shall be kept in the

patient's medical record.

Oklahoma Statutes - Title 63. Public Health and Safety Page 429

F. The State Board of Health shall adopt standards related to

the performance of the abortion procedure and post-procedure follow-

up care. At minimum these standards shall require:

1. That medical personnel are available to all abortion

patients throughout the procedure;

2. The appropriate use of local anesthesia, analgesia, and

sedation if ordered by the physician performing the procedure;

3. The use of appropriate precautions, such as the

establishment of intravenous access;

4. That the physician performing the abortion procedure

monitors the patient's vital signs and other defined signs and

markers of the patient's status throughout the procedure and during

the recovery period until the patient's condition is deemed to be

stable in the recovery room;

5. Immediate post-procedure care and observation in a

supervised recovery room for as long as the patient's condition

warrants;

6. That the facility in which the abortion procedure is

performed arranges for a patient's hospitalization if any

complication beyond the management capability of the abortion

facility's medical staff occurs or is suspected;

7. That a licensed health-care professional trained in the

management of the recovery room and capable of providing

cardiopulmonary resuscitation actively monitors patients in the

recovery room;

8. That there is a specified minimum time that a patient

remains in the recovery room by type of abortion procedure and

duration of gestation;

9. That a physician discusses RhO(D) immune globulin with each

patient for whom it is indicated and assures it is offered to the

patient in the immediate post-operative period or that it will be

available to her within seventy-two (72) hours after completion of

the abortion procedure. If the patient refuses, a refusal form

approved by the State Board of Health shall be signed by the patient

and a witness and included in the medical record;

10. Written instructions with regard to post-abortion coitus,

signs of possible complications, and general aftercare are given to

each patient. Each patient shall have specific instructions

regarding access to medical care for complications, including a

telephone number to call for medical emergencies;

11. That the physician ensures that a licensed health-care

professional from the abortion facility makes a good faith effort to

contact the patient by phone, with the patient's consent, within

twenty-four (24) hours after procedure to assess the patient's

recovery;

12. Equipment and services are located in the recovery room to

provide appropriate emergency and resuscitative life-support

Oklahoma Statutes - Title 63. Public Health and Safety Page 430

procedures pending the transfer of the patient or a child born alive

in the facility;

13. That a post-abortion medical visit shall be offered to each

abortion patient and, if requested, scheduled for two (2) to three
ent and services are located in the recovery room to

provide appropriate emergency and resuscitative life-support

Oklahoma Statutes - Title 63. Public Health and Safety Page 430

procedures pending the transfer of the patient or a child born alive

in the facility;

13. That a post-abortion medical visit shall be offered to each

abortion patient and, if requested, scheduled for two (2) to three

(3) weeks after the abortion procedure and shall include a medical

examination and a review of the results of all laboratory tests; and

14. That a urine or blood test shall be obtained at the time of

the follow-up visit to rule out continued pregnancy. If a

continuing pregnancy is suspected, the patient shall be

appropriately evaluated; and a physician who performs abortions

shall be consulted.

G. Facilities performing abortions shall record each incident

resulting in a patient's or a born-alive child's injury occurring at

the facility and shall report incidents in writing to the State

Board of Health within ten (10) days of the incident. For the

purposes of this subsection, "injury" shall mean an injury that

occurs at the facility and creates a serious risk of substantial

impairment of a major body organ or function.

H. If a patient's death occurs, other than the death of an

unborn child properly reported pursuant to law, the facility

performing abortions shall report the death to the State Board of

Health no later than the next business day.

I. Incident reports shall be filed with the State Board of

Health and all appropriate professional licensing and regulatory

boards, including, but not limited to, the State Board of Medical

Licensure and Supervision and the Oklahoma Board of Nursing.

J. Whoever operates a facility performing abortions without a

valid license shall be guilty of a felony. Any person who

intentionally, knowingly, or recklessly violates the provisions of

this act or any standards adopted by the State Board of Health in

accordance with this act shall be guilty of a felony.

K. Any violation of this act or any standards adopted under

this act may be subject to a civil penalty or fine up to Twenty-five

Thousand Dollars ($25,000.00) imposed by the State Board of Health.

Each day of violation constitutes a separate violation for purposes

of assessing civil penalties or fines. In deciding whether and to

what extent to impose civil penalties or fines, the State Board of

Health shall consider the following factors:

1. Gravity of the violation, including the probability that

death or serious physical harm to a patient or individual will

result or has resulted;

2. Size of the population at risk as a consequence of the

violation;

3. Severity and scope of the actual or potential harm;

4. Extent to which the provisions of the applicable statutes or

regulations were violated;

5. Any indications of good faith exercised by facility;

Oklahoma Statutes - Title 63. Public Health and Safety Page 431

6. The duration, frequency, and relevance of any previous

violations committed by the facility; and

7. Financial benefit to the facility of committing or

continuing the violation.

L. In addition to any other penalty provided by law, whenever

in the judgment of the State Commissioner of Health any person has

engaged, or is about to engage, in any acts or practices which

constitute, or will constitute, a violation of this act, or any

standard adopted in accordance with this act, the Commissioner shall

make application to any court of competent jurisdiction for an order

enjoining such acts and practices. Upon a showing by the

Commissioner that such person has engaged, or is about to engage, in

any such acts or practices, an injunction, restraining order, or

such other order as may be appropriate shall be granted by such

court without bond.