An Act to Make Abortion Illegal in the State of Oklahoma

Be it so enacted by the People of the State of Oklahoma:

(1)  Abortion limited to fifteen (15) weeks' gestation except in medical emergency and in cases of severe fetal abnormality. 

(a)  Except in a medical emergency or in the case of a severe fetal abnormality, a person shall not perform, induce, or attempt to perform or induce an abortion unless the physician or the referring physician has first made a determination of the probable gestational age of the unborn human being and documented that gestational age in the maternal patient's chart and, if required, in a report to be filed with the department as set forth in paragraph (c) of this subsection.  The determination of probable gestational age shall be made according to standard medical practices and techniques used in the community.

          (b) Except in a medical emergency or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform, induce, or attempt to perform or induce an abortion of an unborn human being if the probable gestational age of the unborn human being has been determined to be greater than fifteen (15) weeks.

          (c)  In every case in which a physician performs or induces an abortion on an unborn human being whose gestational age is greater than fifteen (15) weeks, the physician shall within fifteen (15) days of the abortion cause to be filed with the department, on a form supplied by the department, a report containing the following information:

              (i)  Date the abortion was performed;

              (ii)  Specific method of abortion used;

              (iii)  The probable gestational age of the unborn human being and the method used to calculate gestational age;

              (iv)  A statement declaring that the abortion was necessary to preserve the life or physical health of the maternal patient;

              (v)  Specific medical indications supporting the abortion; and

              (vi)  Probable health consequences of the abortion and specific abortion method used.

     The physician shall sign the form as his or her attestation under oath that the information stated thereon is true and correct to the best of his or her knowledge.

          (d)  Reports required and submitted under subsection (iv) of this section shall not contain the name of the maternal patient upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who obtained or sought to obtain an abortion.

(2)  Criminal penalties.  (a)  Any person who intentionally or knowingly violates the prohibition in subsection (4) of this section shall be guilty of a felony and shall, upon conviction, be imprisoned in the custody of the Department of Corrections not less than one (1) nor more than ten (10) years.

          (b)  A woman upon whom an abortion is performed, induced, or attempted in violation of this section may not be prosecuted for conspiracy to commit any violation of this section.

(3)  Professional sanctions and civil penalties.  (a)  A physician who intentionally or knowingly violates the prohibition in subsection (4) of this section commits an act of unprofessional conduct and his or her license to practice medicine in the State of Mississippi shall be suspended or revoked pursuant to action by the Mississippi State Board of Medical Licensure.

          (b)  A physician who knowingly or intentionally delivers to the department any report required by subsection 4(c) of this section and known by him or her to be false shall be subject to a civil penalty or fine up to Five Hundred Dollars ($500.00) per violation imposed by the department.

     (4)  Additional enforcement.  The Attorney General shall have authority to bring an action in law or equity to enforce the provisions of this section on behalf of the Director of the Oklahoma State Department of Health or the Oklahoma State Medical Board.  The Oklahoma State Medical Board shall also have authority to bring such action on its own behalf.

     (5)  Construction.  Nothing in this section shall be construed as creating or recognizing a right to abortion or as altering generally accepted medical standards.  It is not the intention of this section to make lawful an abortion that is otherwise unlawful.  An abortion that complies with this section, but violates any other state law, is unlawful.  An abortion that complies with another state law, but violates this section is unlawful.