1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 52nd Legislature (2010) | | | 3|HOUSE BILL 2780 By: Billy | | | 4| | | | 5| | | | 6| | | AS INTRODUCED | 7| | | An Act relating to abortion; defining terms; | 8| requiring performance of an ultrasound and | | explanation of the ultrasound prior to a pregnant | 9| woman having an abortion; providing for aversion of | | eyes from ultrasound; excepting compliance with | 10| requirement in a medical emergency; providing for | | certification; requiring retention of records; | 11| providing penalty for false certification; providing | | for damages; authorizing injunctive relief; | 12| specifying persons who may bring action for | | noncompliance with act; providing penalty; providing | 13| penalties for noncompliance with injunction; | | authorizing private right of action; providing for | 14| revocation of license or certificate; repealing | | Section 6, Chapter 200, O.S.L. 2005, as last amended | 15| by Section 11, Chapter 36, O.S.L. 2008, Section 12, | | Chapter 36, O.S.L. 2008, as amended by Section 1, | 16| Chapter 173, O.S.L. 2008 and Section 13, Chapter 36, | | O.S.L. 2008 (63 O.S. Supp. 2009, Sections 1-738.1, | 17| 1-738.3b and 1-738.3c), which relate to requiring an | | ultrasound be performed prior to a pregnant woman | 18| having an abortion; providing for codification; | | providing for severability; and declaring an | 19| emergency. | | | 20| | | | 21| | | | 22|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 23| | | | 24| | | | Req. No. 9456 Page 1 ___________________________________________________________________________
1| SECTION 1. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 1-738.1A of Title 63, unless | | | 3|there is created a duplication in numbering, reads as follows: | | | 4| As used in this section and Sections 1-738.2 through 1-738.5 of | | | 5|Title 63 of the Oklahoma Statutes: | | | 6| 1. "Abortion" means the term as defined in Section 1-730 of | | | 7|Title 63 of the Oklahoma Statutes; | | | 8| 2. "Attempt to perform an abortion" means an act, or an | | | 9|omission of a statutorily required act, that, under the | | | 10|circumstances as the actor believes them to be, constitutes a | | | 11|substantial step in a course of conduct planned to culminate in the | | | 12|performance of an abortion in this state in violation of this act; | | | 13| 3. "Board" means the State Board of Medical Licensure and | | | 14|Supervision; | | | 15| 4. "Certified technician" means a Registered Diagnostic Medical | | | 16|Sonographer who is certified in obstetrics and gynecology by the | | | 17|American Registry for Diagnostic Medical Sonography (ARDMS), or a | | | 18|nurse midwife or Advance Practice Nurse Practitioner in obstetrics | | | 19|with certification in obstetrical ultrasonography; | | | 20| 5. "Medical emergency" means the existence of any physical | | | 21|condition, not including any emotional, psychological, or mental | | | 22|condition, which a reasonably prudent physician, with knowledge of | | | 23|the case and treatment possibilities with respect to the medical | | | 24|conditions involved, would determine necessitates the immediate | | | Req. No. 9456 Page 2 ___________________________________________________________________________
1|abortion of the pregnancy of the female to avert her death or to | | | 2|avert substantial and irreversible impairment of a major bodily | | | 3|function arising from continued pregnancy; | | | 4| 6. "Physician" means a person licensed to practice medicine in | | | 5|this state pursuant to Sections 495 and 633 of Title 59 of the | | | 6|Oklahoma Statutes; | | | 7| 7. "Probable gestational age of the unborn child" means what, | | | 8|in the judgment of the physician, will with reasonable probability | | | 9|be the gestational age of the unborn child at the time the abortion | | | 10|is planned to be performed; | | | 11| 8. "Stable Internet website" means a website that, to the | | | 12|extent reasonably practicable, is safeguarded from having its | | | 13|content altered other than by the State Board of Medical Licensure | | | 14|and Supervision; | | | 15| 9. "Unborn child" means the term as is defined in Section 1-730 | | | 16|of Title 63 of the Oklahoma Statutes; and | | | 17| 10. "Woman" means a female human being whether or not she has | | | 18|reached the age of majority. | | | 19| SECTION 2. NEW LAW A new section of law to be codified | | | 20|in the Oklahoma Statutes as Section 1-738.3d of Title 63, unless | | | 21|there is created a duplication in numbering, reads as follows: | | | 22| A. Any abortion provider who knowingly performs any abortion | | | 23|shall comply with the requirements of this section. | | | 24| | | | Req. No. 9456 Page 3 ___________________________________________________________________________
1| B. In order for the woman to make an informed decision, at | | | 2|least one (1) hour prior to a woman having any part of an abortion | | | 3|performed or induced, and prior to the administration of any | | | 4|anesthesia or medication in preparation for the abortion on the | | | 5|woman, the physician who is to perform or induce the abortion, or | | | 6|the certified technician working in conjunction with the physician, | | | 7|shall: | | | 8| 1. Perform an obstetric ultrasound on the pregnant woman, using | | | 9|either a vaginal transducer or an abdominal transducer, whichever | | | 10|would display the embryo or fetus more clearly; | | | 11| 2. Provide a simultaneous explanation of what the ultrasound is | | | 12|depicting; | | | 13| 3. Display the ultrasound images so that the pregnant woman may | | | 14|view them; | | | 15| 4. Provide a medical description of the ultrasound images, | | | 16|which shall include the dimensions of the embryo or fetus, the | | | 17|presence of cardiac activity, if present and viewable, and the | | | 18|presence of external members and internal organs, if present and | | | 19|viewable; and | | | 20| 5. Obtain a written certification from the woman, prior to the | | | 21|abortion, that the requirements of this subsection have been | | | 22|complied with; and | | | 23| 6. Retain a copy of the written certification prescribed by | | | 24|paragraph 5 of this subsection. The certification shall be placed | | | Req. No. 9456 Page 4 ___________________________________________________________________________
1|in the medical file of the woman and shall be kept by the abortion | | | 2|provider for a period of not less than seven (7) years. If the | | | 3|woman is a minor, then the certification shall be placed in the | | | 4|medical file of the minor and kept for at least seven (7) years or | | | 5|for five (5) years after the minor reaches the age of majority, | | | 6|whichever is greater. | | | 7| C. Nothing in this section shall be construed to prevent a | | | 8|pregnant woman from averting her eyes from the ultrasound images | | | 9|required to be provided to and reviewed with her. Neither the | | | 10|physician nor the pregnant woman shall be subject to any penalty if | | | 11|she refuses to look at the presented ultrasound images. | | | 12| D. Upon a determination by an abortion provider that a medical | | | 13|emergency, as defined in Section 1 of this act, exists with respect | | | 14|to a pregnant woman, subsection B of this section shall not apply | | | 15|and the provider shall certify in writing the specific medical | | | 16|conditions that constitute the emergency. The certification shall | | | 17|be placed in the medical file of the woman and shall be kept by the | | | 18|abortion provider for a period of not less than seven (7) years. If | | | 19|the woman is a minor, then the certification shall be placed in the | | | 20|medical file of the minor and kept for at least seven (7) years or | | | 21|for five (5) years after the minor reaches the age of majority, | | | 22|whichever is greater. | | | 23| | | | 24| | | | Req. No. 9456 Page 5 ___________________________________________________________________________
1| E. An abortion provider who willfully falsifies a certification | | | 2|under subsection D of this section shall be subject to all penalties | | | 3|provided for under Section 3 of this act. | | | 4| SECTION 3. NEW LAW A new section of law to be codified | | | 5|in the Oklahoma Statutes as Section 1-738.3e of Title 63, unless | | | 6|there is created a duplication in numbering, reads as follows: | | | 7| A. An abortion provider who knowingly violates a provision of | | | 8|Section 2 of this act shall be liable for damages as provided in | | | 9|this section and may be enjoined from such acts in accordance with | | | 10|this section in an appropriate court. | | | 11| B. A cause of action for injunctive relief against any person | | | 12|who has knowingly violated a provision of Section 2 of this act may | | | 13|be maintained by the woman upon whom an abortion was performed or | | | 14|attempted to be performed in violation of this act; any person who | | | 15|is the spouse, parent, sibling or guardian of, or a current or | | | 16|former licensed health care provider of, the female upon whom an | | | 17|abortion has been performed or attempted to be performed in | | | 18|violation of this act; by a district attorney with appropriate | | | 19|jurisdiction; or by the Attorney General. The injunction shall | | | 20|prevent the abortion provider from performing further abortions in | | | 21|violation of this act in the State of Oklahoma. | | | 22| C. Any person who knowingly violates the terms of an injunction | | | 23|issued in accordance with this section shall be subject to civil | | | 24|contempt, and shall be fined Ten Thousand Dollars ($10,000.00) for | | | Req. No. 9456 Page 6 ___________________________________________________________________________
1|the first violation, Fifty Thousand Dollars ($50,000.00) for the | | | 2|second violation, One Hundred Thousand Dollars ($100,000.00) for the | | | 3|third violation, and for each succeeding violation an amount in | | | 4|excess of One Hundred Thousand Dollars ($100,000.00) that is | | | 5|sufficient to deter future violations. The fines shall be the | | | 6|exclusive penalties for such contempt. Each performance or | | | 7|attempted performance of an abortion in violation of the terms of an | | | 8|injunction is a separate violation. These fines shall be | | | 9|cumulative. No fine shall be assessed against the woman on whom an | | | 10|abortion is performed or attempted. | | | 11| D. A pregnant woman upon whom an abortion has been performed in | | | 12|violation of Section 2 of this act, or the parent or legal guardian | | | 13|of the woman if she is an unemancipated minor, as defined in Section | | | 14|1-740.1 of Title 63 of the Oklahoma Statutes, may commence a civil | | | 15|action against the abortion provider for any knowing or reckless | | | 16|violation of this act for actual and punitive damages. | | | 17| E. An abortion provider who performed an abortion in violation | | | 18|of Section 2 of this act shall be considered to have engaged in | | | 19|unprofessional conduct for which the provider's certificate or | | | 20|license to provide health care services in this state may be | | | 21|suspended or revoked by the State Board of Medical Licensure and | | | 22|Supervision or the State Board of Osteopathic Examiners. | | | 23| SECTION 4. REPEALER Section 6, Chapter 200, O.S.L. 2005, | | | 24|as last amended by Section 11, Chapter 36, O.S.L. 2008, Section 12, | | | Req. No. 9456 Page 7 ___________________________________________________________________________
1|Chapter 36, O.S.L. 2008, as amended by Section 1, Chapter 173, | | | 2|O.S.L. 2008 and Section 13, Chapter 36, O.S.L. 2008 (63 O.S. Supp. | | | 3|2009, Sections 1-738.1, 1-738.3b and 1-738.3c), are hereby repealed. | | | 4| SECTION 5. The provisions of this act are severable and if any | | | 5|part or provision shall be held void the decision of the court so | | | 6|holding shall not affect or impair any of the remaining parts or | | | 7|provisions of this act. | | | 8| SECTION 6. It being immediately necessary for the preservation | | | 9|of the public peace, health and safety, an emergency is hereby | | | 10|declared to exist, by reason whereof this act shall take effect and | | | 11|be in full force from and after its passage and approval. | | | 12| | | | 13| 52-2-9456 AM 01/12/10 | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 9456 Page 8© 2010-13 eCapitol, LLC. ALL RIGHTS RESERVED.
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