Okla. Stat. tit. 63, § 63-1-756

use – Required information for patients – Violations - Penalties.

A. As used in this section:

1. "Abortion" means the use or prescription of any instrument,

medicine, drug or any other substance or device:

(a) to intentionally kill the unborn child of a woman

known to be pregnant; or

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(b) to intentionally terminate the pregnancy of a woman

known to be pregnant, with an intention other than to

remove a dead unborn child or, after viability, to

produce a live birth and preserve the life and health

of the child born alive;

2. "Medical emergency" means a condition which, in reasonable

medical judgment, so complicates the medical condition of the

pregnant woman as to necessitate the immediate abortion of her

pregnancy to avert her death or for which a delay will create

serious risk of substantial and irreversible physical impairment of

a major bodily function, not including psychological or emotional

conditions. No condition shall be deemed a medical emergency if

based on a claim or diagnosis that the woman will engage in conduct

which she intends to result in her death or in substantial and

irreversible physical impairment of a major bodily function; and

3. "Medication abortion" means the use or prescription of an

abortion-inducing drug or drugs dispensed with the intent to cause

the death of the unborn child.

B. 1. Any private office, freestanding outpatient clinic,

hospital or other facility or clinic in which medication abortions

that use mifepristone are provided shall conspicuously post a sign

in a location defined in paragraph 3 of this subsection so as to be

clearly visible to patients, which reads:

"NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS WHICH USE

MIFEPRISTONE: Mifepristone, also known as RU-486 or Mifeprex, alone

is not always effective in ending a pregnancy. It may be possible

to reverse its intended effect if the second pill or tablet has not

been taken or administered. If you change your mind and wish to try

to continue the pregnancy, you can get immediate help by calling the

Abortion Pill Reversal 24-hour Hotline at 877-558-0333 or going to

website https://www.abortionpillreversal.com/. Additional

information is available on the State Board of Medical Licensure and

Supervision's website, www.awomansright.org, which provides informed

consent materials under the Woman's Right-to-Know Act, including

information about the development of the unborn child and video of

ultrasound images of the unborn child at various stages of

development."

2. The sign required pursuant to paragraph 1 of this subsection

shall be printed with lettering that is legible and shall be at

least three-fourths (3/4) of an inch boldfaced type.

3. A facility in which medication abortions that use

mifepristone are provided that is a private office or a freestanding

outpatient clinic shall post the required sign in each patient

waiting room and patient consultation room used by patients to whom

such medication abortions are provided. A hospital or any other

facility in which medication abortions are performed that is not a

private office or freestanding outpatient clinic shall post the

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required sign in each patient admission area used by patients on

whom abortions are performed.

C. 1. Except in the case of a medical emergency, a medication

abortion that uses mifepristone shall not be provided or induced or

attempted to be provided or induced without informing the female, by

telephone or in person, by the physician who is to dispense or

provide the abortion drug or drugs, by a referring physician or by

an agent of either physician at least seventy-two (72) hours before

the abortion:

a. that it may be possible to reverse the intended

effects of a medication abortion that uses

mifepristone if the woman changes her mind but that

time is of the essence, and
le, by

telephone or in person, by the physician who is to dispense or

provide the abortion drug or drugs, by a referring physician or by

an agent of either physician at least seventy-two (72) hours before

the abortion:

a. that it may be possible to reverse the intended

effects of a medication abortion that uses

mifepristone if the woman changes her mind but that

time is of the essence, and

b. of information on reversing the effects of a

medication abortion that uses mifepristone, which is

available on the website of the State Board of Medical

Licensure and Supevision, and included in such

information is the Abortion Pill Reversal 24-hour

Hotline number: 877-558-0333 and website address:

https://www.abortionpillreversal.com.

2. After the first drug, mifepristone, is dispensed or provided

to the patient, the physician or an agent of the physician shall

provide written instructions to the pregnant woman which shall

include the statement:

"NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS WHICH USE

MIFEPRISTONE: Mifepristone, also known as RU-486 or Mifeprex, alone

is not always effective in ending a pregnancy. It may be possible

to reverse its intended effect if the second pill or tablet has not

been taken or administered. If you change your mind and wish to try

to continue the pregnancy, you can get immediate help by calling the

Abortion Pill Reversal 24-hour Hotline at 877-558-0333 or going to

Abortion Pill Reversal website,

https://www.abortionpillreversal.com/. Additional information is

available on the State Board of Medical Licensure and Supervision's

website, www.awomansright.org, which provides informed consent

materials under the Woman's Right-to-Know Act, including information

about the development of the unborn child and video of ultrasound

images of the unborn child at various stages of development."

D. When a medical emergency compels the performance of an

abortion, the physician shall inform the female, prior to the

abortion if possible, of the medical indications supporting the

physician's judgment that an abortion is necessary to avert her

death or that a seventy-two-hour delay will create serious risk of

substantial and irreversible physical impairment of a major bodily

function, not including psychological or emotional conditions.

E. Within ninety (90) days after this act is enacted, the State

Board of Medical Licensure and Supervision shall cause to be

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published, in English and in each language which is the primary

language of two percent (2%) or more of the state's population, in

print and on the website required to be developed and maintained

under Section 1-738.11 of Title 63 of the Oklahoma Statutes,

comprehensible materials designed to inform the female of the

possibility of reversing the effects of a medication abortion that

uses mifepristone, also known as RU-486 or Mifeprex, and information

on resources that may be available to help her reverse its effects.

The website shall include the Abortion Pill Reversal 24-hour Hotline

number 877-558-0333 and the Abortion Pill Reversal website address

https://www.abortionpillreversal.com.

F. Any person who knowingly or recklessly provides or induces

or attempts to provide or induce an abortion in violation of this

section shall be guilty of a felony. No penalty may be assessed

against the female to whom the medication abortion is provided or

induced or attempted to be provided or induced. No penalty or civil

liability may be assessed for failure to comply with subsection C of

this section unless the State Board of Medical Licensure and

Supervision has made the information available on the website at the

time the physician or the physician's agent is required to inform

the female.

G. Any private office, freestanding outpatient clinic or other

facility or clinic that fails to post a sign required in subsection
be assessed for failure to comply with subsection C of

this section unless the State Board of Medical Licensure and

Supervision has made the information available on the website at the

time the physician or the physician's agent is required to inform

the female.

G. Any private office, freestanding outpatient clinic or other

facility or clinic that fails to post a sign required in subsection

B of this section in knowing, reckless or negligent violation of

this act shall be assessed a fine of Ten Thousand Dollars

($10,000.00) by the State Board of Medical Licensure and

Supervision. Each day on which a medication abortion that uses

mifepristone, other than a medication abortion that is necessary to

prevent the death of the pregnant female, is provided in any private

office, freestanding outpatient clinic or other facility or clinic

during which the required sign is not posted during a portion of

business hours when patients or perspective patients are present is

a separate violation.

H. 1. Any person upon whom an abortion has been performed

without this section having been complied with, the father of the

unborn child who was the subject of such an abortion, or, if the

female had not attained the age of eighteen (18) years at the time

of the medication abortion or has died as a result of the medication

abortion, the grandparent of such an unborn child may maintain an

action against the person who provided the medication abortion in

knowing or reckless violation of this section for actual and

punitive damages. Any person upon whom an abortion has been

attempted without this section having been complied with may

maintain an action against the person who attempted to provide the

abortion in knowing or reckless violation of this section for actual

and punitive damages. No damages may be awarded a plaintiff if the

pregnancy resulted from the plaintiff's criminal conduct.

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2. 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's 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's fee in favor of the defendant

against the plaintiff.

I. In every civil or criminal proceeding or action brought

under this section, the court shall rule whether the anonymity of

any female to whom a medication abortion has been provided or

attempted shall be preserved from public disclosure if she does not

give her consent to such disclosure. The court, upon motion or sua

sponte, shall make such a ruling and, upon determining that her

anonymity should be preserved, shall issue orders to the parties,

witnesses and counsel and shall direct the sealing of the record and

exclusion of individuals from courtrooms or hearing rooms to the

extent necessary to safeguard her identity from public disclosure.

Each such order shall be accompanied by specific written findings

explaining why the anonymity of the female should be preserved from

public disclosure, why the order is essential to that end, how the

order is narrowly tailored to serve that interest and why no

reasonable less restrictive alternative exists. In the absence of

written consent of the female to whom an abortion drug or drugs has

been provided or attempted to be provided, anyone, other than a

public official, who brings an action under subsection D of this

section shall do so under a pseudonym. This section may not be

construed to conceal the identity of the plaintiff or of witnesses

from the defendant.

J. If any one or more provision, section, subsection, sentence,

clause, phrase or word of this act or the application thereof to any
attempted to be provided, anyone, other than a

public official, who brings an action under subsection D of this

section shall do so under a pseudonym. This section may not be

construed to conceal the identity of the plaintiff or of witnesses

from the defendant.

J. If any one or more provision, section, subsection, sentence,

clause, phrase or word of this act or the application thereof to any

person or circumstance is found to be unconstitutional, the same is

hereby declared to be severable and the balance of this act shall

remain effective notwithstanding such unconstitutionality. The

Legislature hereby declares that it would have passed this act, and

each provision, section, subsection, sentence, clause, phrase or

word thereof, irrespective of the fact that any one or more

provision, section, subsection, sentence, clause, phrase or word be

declared unconstitutional.