Okla. Stat. tit. 63, § 63-1-750

Severability.

A. A person who intentionally, knowingly or recklessly violates

any provision or requirement of this act, Section 1-729a et seq. of

Title 63 of the Oklahoma Statutes or any rule or regulation adopted

under Section 1-729a et seq. of Title 63 of the Oklahoma Statutes is

guilty of a felony.

B. No criminal penalty may be assessed against the pregnant

woman upon whom the abortion is performed for a violation of any

provision or requirement of this act, Section 1-729a et seq. of

Title 63 of the Oklahoma Statutes or any rule or regulation adopted

under Section 1-729a et seq. of Title 63 of the Oklahoma Statutes.

C. Any violation of this act, Section 1-729a et seq. of Title

63 of the Oklahoma Statutes or any rule or regulation adopted under

Section 1-729a et seq. of Title 63 of the Oklahoma Statutes may be

subject to a civil penalty or a fine up to One Hundred Thousand

Dollars ($100,000.00).

D. Each day of violation shall constitute a separate violation

for purposes of assessing civil penalties or fines.

E. In deciding whether and to what extent to impose fines, a

court shall consider the:

1. Gravity of the violation or violations 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 or violations;

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. Indications of good faith exercised by the licensee,

abortion facility or the person performing the abortion;

6. Duration, frequency, and relevance of any previous

violations committed by the licensee, abortion facility or person

performing the abortion; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 434

7. Financial benefit to the abortion facility or person

performing the abortion from committing or continuing the violation

or violations.

F. The Office of the Attorney General and a district attorney

for the county in which the violation or violations occurred may

institute a legal action to enforce collection of civil penalties or

fines.

G. Any person who violates this act, Section 1-729a et seq. of

Title 63 of the Oklahoma Statutes or any rule or regulation adopted

under Section 1-729a et seq. of Title 63 of the Oklahoma Statutes

shall be civilly liable to the person or persons adversely affected

by the violation or violations. A court may award damages to the

person or persons adversely affected by any violation of this act,

Section 1-729a et seq. of Title 63 of the Oklahoma Statutes or any

rule or regulation adopted under Section 1-729a et seq. of Title 63

of the Oklahoma Statutes including compensation for emotional,

physical, and psychological harm; attorney fees, litigation costs,

and punitive damages.

H. The provisions of this act are severable, and if any part or

provision shall be held void, the decision of the court so holding

shall not affect or impair any of the remaining parts or provisions

of this act.

I. If some or all of the newly amended provisions of this act

resulting from the actions taken by the 2015 Session of the Oklahoma

Legislature are ever temporarily or permanently restrained or

enjoined by judicial order, this act shall be enforced as though

such restrained or enjoined provisions had not been adopted;

provided, however, that whenever such temporary or permanent

restraining order or injunction is stayed or dissolved, or otherwise

ceases to have effect, such provisions shall have full force and

effect.

J. The Oklahoma State Bureau of Investigation and the State

Board of Health shall promulgate rules to implement the provisions

of this act.