SB778

Abortion; creating the Oklahoma Abortion-Inducing Drug Risk Protocol Act. Effective date.

Authored by Senator Daniels

Current Status:

Recent edits:

What is it?

Summary of substituted text as of May 25, 2021

SB 778 creates the Oklahoma Abortion-Inducing Drug Risk Protocol Act. The measure requires that abortion inducing drugs be provided only by qualified physicians that follow procedures outlined in this measure. The measure prohibits any person from providing any abortion- inducing drug via courier, delivery or by mail service.

Qualified physicians providing an abortion-inducing drug are required to examine the woman in person and must verify that a pregnancy exists, determine the woman’s blood type, and if she is Rh negative, and offer to administer RhoGAM at the time of the abortion. Physicians must also inform the patient that she may see the remains or her unborn child in the process of completing the abortion and document in the patient’s medical chart, the gestational age and intrauterinelocation of the pregnancy, and note whether the patient received treatment for Rh negativity. The physician must then schedule a follow-up exam 7-14 days after the procedure.

The measure requires that qualified physicians that provide an abortion-inducing drug be credentialed and competent to handle complication management or have signed a contract with an associated physician who is credentialed to handle complications.

The measure prohibits abortion-inducing drugs from being provided to any school facility in the state. The measure also prohibits abortion-inducing drugs from being provided without informed consent. Informed consent to a chemical abortion must be obtained at least seventy-two hours before the abortion-inducing drug is provided to the pregnant woman unless compliance would pose a greater risk to the mother as outlined in the measure.

The measure provides the requirements for a valid consent form and an acknowledgement of risks and consent statement.

The measure requires the State Board of Medical Licensure and Supervision to publish and update the informed consent for abortion form and to publish information about reversing the effects of an abortion by abortion-inducing drugs via website and other printed materials provided by the state. Additionally, the State Department of Health shall receive a report from each facility providing abortions using the consent forms to promote maternal health. Using these reports, the Department shall compile a comprehensive annual statistical report for the Legislature. The measure provides for the confidentiality of each patient to be maintained. Physicians must report any adverse health event relating to the administration of an abortion- inducing drug to the Department.

Any person found to have violated the provisions of this measure shall be guilty of a misdemeanor or a felony if the person fraudulently used an abortion-inducing drug. Persons found to have violated the provisions of this measure shall be subject to professional and civil penalties.

The Legislature may also appoint one or more members who sponsored or cosponsored this measure to intervene as a matter of right in any case in which the constitutionality of this act is challenged. The measure provides for severability of its provisions if they are found to be unconstitutional while allowing the remaining provisions of the act to remain effective.

(Summary prepared by the Legislature)

Summary of substituted text on May 19, 2021: 

SB 778 requires physicians to, prior to administering an abortion-inducing drug, to follow procedures outlined in the measure. The physicians must determine the woman’s blood type and administer RhoGAM at the time of the abortion if the woman is Rh negative. Additionally, the physician must inform the woman that she may see the remains of her unborn child after the procedure. The physician must also document the gestational age and intrauterine location of the pregnancy and whether the patient received treatment for Rh negativity. The physician must then schedule a follow-up exam 7-14 days after the procedure.

Informed consent must be obtained 72 hours prior to administering the drug. The consent form shall be published by the State Board of Medical Licensure and Supervision and must be filled in the manner prescribed by the measure. Additionally, the State Department of Health shall receive a report from each facility providing abortions using the consent forms to promote maternal health. Using these reports, the Department shall compile a comprehensive annual statistical report for the Legislature. The measure provides for the confidentiality of each patient to be maintained. Physicians shall report any adverse health event relating to the administration of an abortion-inducing drug to the Department. No abortion-inducing drug may be provided on state grounds. Any person found to have violated the provisions of this measure shall be guilty of a misdemeanor or a felony if the person fraudulently used an abortion-inducing drug. Persons found to have violated the provisions of this measure shall be subject to professional and civil penalties.

The Legislature may also appoint 1 or more members who sponsored or cosponsored this measure to intervene as a matter of right in any case in which the constitutionality of this act is challenged. The measure provides for severability of its provisions.

(Summary provided by the Legislature)

Summary of substituted text: 

The CS [committee substitute] has shifted the regulatory burden from the State Department of Health to the State Board of Medical Licensure and Supervision.  

(Summary prepared by Metriarch)

Summary of original text: 

SB 778 requires physicians to, prior to administering an abortion-inducing drug, to follow procedures outlined in the measure. The physicians must determine the woman’s blood type and administer RhoGAM at the time of the abortion if the woman is Rh negative. Additionally, the physician must inform the woman that she may see the remains of her unborn child after the procedure. The physician must also document the gestational age and intrauterine location of the pregnancy and whether the patient received treatment for Rh negativity. The physician must then schedule a follow-up exam 7-14 days after the procedure.

Informed consent must be obtained 72 hours prior to administering the drug. The consent form shall be provided by the State Department of Health and must be filled in the manner prescribed by the measure. Additionally, the Department shall receive a report from each facility providing abortions using the consent forms to promote maternal health. Using these reports, the Department shall compile a comprehensive annual statistical report for the Legislature. The measure provides for the confidentiality of each patient to be maintained. Physicians shall report any adverse health event relating to the administration of an abortion-inducing drug to the Department. No abortion-inducing drug may be provided on state grounds. Any person found to have violated the provisions of this measure shall be guilty of a misdemeanor or a felony if the person fraudulently used an abortion-inducing drug. Persons found to have violated the provisions of this measure shall be subject to professional and civil penalties.

The Legislature may also appoint 1 or more members who sponsored or cosponsored this measure to intervene as a matter of right in any case in which the constitutionality of this act is challenged. The measure provides for severability of its provisions.

(Summary prepared by the Legislature)