1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 STATE OF OKLAHOMA 1st Session of the 57th Legislature (2019) SENATE BILL 13 By: Silk AS INTRODUCED An Act relating to abortion; providing short title; providing legislative intent; amending 12 O.S. 2011, Section 1053, which relates to wrongful death; modifying statutory reference; modifying applicability of section; requiring district attorneys to ensure enforcement of certain laws; amending 21 O.S. 2011, Section 652, which relates to attempts to kill; modifying statutory references; modifying applicability of section; removing certain protection from prosecution; amending 21 O.S. 2011, Section 691, which relates to the definition of homicide; modifying and adding definitions; removing certain protection from prosecution; amending Section 4, Chapter 238, O.S.L. 2014, as amended by Section 1, Chapter 50, O.S.L. 2016 (25 O.S. Supp. 2018, Section 2004), which relates to medical consent for treatment of minors; modifying applicability of section; amending 56 O.S. 2011, Section 1005, which relates to unlawful acts; modifying construction; amending 59 O.S. 2011, Section 519.11, as amended by Section 5, Chapter 163, O.S.L. 2015 (59 O.S. Supp. 2018, Section 519.11), which relates to construction of the Physician Assistant Act; removing authority of physicians to perform certain acts; amending 63 O.S. 2011, Section 1-568, which relates to counseling concerning abortion; removing certain cause of action; amending 63 O.S. 2011, Section 1-701, which relates to definitions; modifying certain definition; amending 63 O.S. 2011, Section 1-728c, which relates to employer discrimination; removing certain circumstance under which discrimination is prohibited; amending 63 O.S. 2011, Section 2601, which relates to definitions; modifying certain definition; requiring the Attorney General to monitor enforcement of certain laws and direct state agencies Req. No. 62 Page 1 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 to enforce such laws regardless of conflicting laws; amending 74 O.S. 2011, Section 5054, which relates to limits on use of funds; modifying statutory reference; repealing 63 O.S. 2011, Sections 1-729a, as amended by Section 1, Chapter 121, O.S.L. 2014 (63 O.S. Supp. 2018, Section 1-729a), 1-731, 1-731.2 through 1-737, 1-737.4, as amended by Section 1, Chapter 123, O.S.L. 2017 (63 O.S. Supp. 2018, Section 1-737.4), 1-737.5, 1-737.6, 1-738i, 1-738j, 1-738k, as amended by Section 1, Chapter 303, O.S.L. 2013 (63 O.S. Supp. 2018, Section 1-738k), 1-738l, 1-738m, as amended by Section 6, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Section 1-738m), 1-738n, as amended by Section 3, Chapter 303, O.S.L. 2013 (63 O.S. Supp. 2018, Section 1-738n), 1-738o, 1-738p, 1-738.1A, 1738.2 through 1-738.3a, as amended by Sections 1 through 3, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Sections 1-738.2 through 1-738.3a), 1-738.3d, 1-738.3e, 1-738.5, 1-738.6, 1-738.7, 1-738.8, as amended by Section 4, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Section 1-738.8), 1-738.9 through 1738.12, 1-738.13, as amended by Section 5, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Section 1738.13), 1-738.14 through 1-740.1, 1-740.2, 1-740.3 and 1-740.4, as amended by Sections 2, 3 and 4, Chapter 320, O.S.L. 2013 (63 O.S. Supp. 2018, Sections 1-740.2, 1-740.3 and 1-740.4), 1-740.4a, 1740.4b, as amended by Section 1, Chapter 386, O.S.L. 2015 (63 O.S. Supp. 2018, Section 1-740.4b), 1-740.5 through 1-740.11, 1-740.12, as amended by Section 485, Chapter 304, O.S.L. 2012 (63 O.S. Supp. 2018, Section 740.12), 1-741 through 1-743, and 1-745.1 through 1-745.11, which relate to abortion; repealing Sections 1 through 7, Chapter 170, O.S.L. 2012 (63 O.S. Supp. 2018, Sections 1-729.1 through 1-729.7), which relate to the Freedom of Conscience Act; repealing Sections 1 through 9, Chapter 159, O.S.L. 2012 (63 O.S. Supp. 2018, Sections 1-745.12 through 1-745.19), which relate to the Heartbeat Informed Consent Act; repealing Section 4, Chapter 303, O.S.L. 2013 (63 O.S. Supp. 2018, Section 1-738q), which relates to the Statistical Reporting of Abortion Act; repealing Sections 1 through 6, Chapter 198, O.S.L. 2012 (63 O.S. Supp. 2018, Sections 1-738.3f through 1-738.3k), which relate to voluntary and informed consent; repealing Sections 2, 4 and 5, Chapter 268, O.S.L. 2013 (63 O.S. Supp. 2018, Sections 1-740.2A, Req. No. 62 Page 2 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 1-740.13 and 1-740.14), which relate to abortion performed upon minors; repealing Sections 1 and 5 through 10, Chapter 320, O.S.L. 2013 (63 O.S. Supp. 2018, Sections 1-744 through 1-744.6), which relate to the Parental Notification for Abortion Act; repealing Sections 1, 3 through 5 and 7 through 10, Chapter 175, O.S.L. 2014 (63 O.S. Supp. 2018, Sections 1-746.1, 1-746.3 through 1-746.5 and 1-746.7 through 1-746.10), which relate to abortions; repealing Sections 2 and 6, Chapter 175, O.S.L. 2014, as amended by Sections 7 and 8, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Sections 1-746.2 and 1746.6), which relate to abortions; repealing Section 1, Chapter 370, O.S.L. 2014 (63 O.S. Supp. 2018, Section 1-748), which relates to abortion facilities; repealing Sections 1 through 10, Chapter 59, O.S.L. 2015 (63 O.S. Supp. 2018, Sections 1-737.7 through 1737.16), which relate to the Oklahoma Unborn Child Protection from Dismemberment Act; repealing Section 9, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Section 1-738.5a), which relates to performing or attempting an abortion in violation of act; repealing Sections 2 through 4, Chapter 386, O.S.L. 2015 (63 O.S. Supp. 2018, Sections 1-749 through 1-750), which relate to abortion procedure compliance requirements; repealing Sections 1 and 3 through 5, Chapter 353, O.S.L. 2016 (63 O.S. Supp. 2018, Sections 1-751 and 1-753 through 1-755), which relate to the Humanity of the Unborn Child Act; repealing Section 2, Chapter 353, O.S.L. 2016, as amended by Section 2, Chapter 123, O.S.L. 2017 (63 O.S. Supp. 2018, Section 1-752), which relates to the Humanity of the Unborn Child Act; repealing Sections 1 through 5, Chapter 308, O.S.L. 2017 (63 O.S. Supp. 2018, Sections 1-740.15 through 1-740.19), which relate to the Choosing Childbirth Act; voiding conflicting provisions of law; declaring act inseverable; providing for codification; providing for noncodification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: Req. No. 62 Page 3 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: This act shall be known and may be cited as the "Abolition of Abortion in Oklahoma Act". SECTION 2. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: It is the intent of the Legislature to provide to unborn children the equal protection of the laws of this state; to establish that a living human child, from the moment of fertilization upon the fusion of a human spermatozoon with a human ovum, is entitled to the same rights, powers, privileges, justice and protections as are secured or granted by the laws of this state to any other human person; and to treat as void and of no effect any and all federal statutes, regulations, executive orders and court rulings, which would deprive an unborn child of the right to life. SECTION 3. AMENDATORY 12 O.S. 2011, Section 1053, is amended to read as follows: Section 1053. A. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for Req. No. 62 Page 4 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 the same act or omission. The action must be commenced within two (2) years. B. The damages recoverable in actions for wrongful death as provided in this section shall include the following: Medical and burial expenses, which shall be distributed to the person or governmental agency as defined in Section 5051.1 of Title 63 of the Oklahoma Statutes who paid these expenses, or to the decedent's estate if paid by the estate. The loss of consortium and the grief of the surviving spouse, which shall be distributed to the surviving spouse. The mental pain and anguish suffered by the decedent, which shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent. The pecuniary loss to the survivors based upon properly admissible evidence with regard thereto including, but not limited to, the age, occupation, earning capacity, health habits, and probable duration of the decedent's life, which must inure to the exclusive benefit of the surviving spouse and children, if any, or next of kin, and shall be distributed to them according to their pecuniary loss. The grief and loss of companionship of the children and parents of the decedent, which shall be distributed to them according to their grief and loss of companionship. Req. No. 62 Page 5 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 C. In proper cases, as provided by Section 9.1 of Title 23 of the Oklahoma Statutes, punitive or exemplary damages may also be recovered against the person proximately causing the wrongful death or the person's representative if such person is deceased. Such damages, if recovered, shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent. D. Where the recovery is to be distributed according to a person's pecuniary loss or loss of companionship, the judge shall determine the proper division. E. The above-mentioned distributions shall be made after the payment of legal expenses and costs of the action. F. 1. The provisions of this section shall also be available for the death of an unborn child as defined in Section 1-730 691 of Title 63 21 of the Oklahoma Statutes. 2. The provisions of this subsection shall not apply to: a. acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented, or b. acts which are committed pursuant to the usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. 3. Under no circumstances shall the mother of the unborn child be found liable for causing the death of the unborn child unless the Req. No. 62 Page 6 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 mother has committed a crime that caused the death of the unborn child. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 215.41 of Title 19, unless there is created a duplication in numbering, reads as follows: The district attorney shall ensure the enforcement of Chapter 24 of Title 21 of the Oklahoma Statutes in relation to abortion regardless of any contrary or conflicting federal statutes, regulations, executive orders, or court decisions. SECTION 5. AMENDATORY 21 O.S. 2011, Section 652, is amended to read as follows: Section 652. A. Every person who intentionally and wrongfully shoots another with or discharges any kind of firearm, with intent to kill any person, including an unborn child as defined in Section 1-730 691 of Title 63 of the Oklahoma Statutes this title, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life. B. Every person who uses any vehicle to facilitate the intentional discharge of any kind of firearm, crossbow or other weapon in conscious disregard for the safety of any other person or persons, including an unborn child as defined in Section 1-730 691 of Title 63 of the Oklahoma Statutes this title, shall upon conviction be guilty of a felony punishable by imprisonment in the Req. No. 62 Page 7 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 custody of the Department of Corrections for a term not less than two (2) years nor exceeding life. C. Any person who commits any assault and battery upon another, including an unborn child as defined in Section 1-730 691 of Title 63 of the Oklahoma Statutes this title, by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempts to kill another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting the execution of any legal process, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life. D. The provisions of this section shall not apply to: 1. Acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented; or 2. Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. E. Under no circumstances shall the mother of the unborn child be prosecuted for causing the death of the unborn child unless the mother has committed a crime that caused the death of the unborn child. SECTION 6. AMENDATORY 21 O.S. 2011, Section 691, is amended to read as follows: Req. No. 62 Page 8 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 Section 691. A. Homicide is the killing of one human being by another. B. As used in this section,: 1. "human Human being" includes an unborn child, as defined in Section 1-730 of Title 63 of the Oklahoma Statutes this section; 2. "Abortion" means the act of using or prescribing an instrument, drug, medicine or any other substance, device or means with the intent to cause the death of an unborn child; 3. "Unborn child" means the unborn offspring of human beings from the moment of fertilization, through pregnancy, and until live birth, including the developmental stages of human conceptus, zygote, morula, blastocyst, embryo and fetus; and 4. "Fertilization" means the fusion of a human spermatozoon with a human ovum. C. Homicide shall not include:, but not be limited to, 1. Acts acts which cause the death of an unborn child if those acts were committed during a legal an abortion to which the pregnant woman consented; or 2. Acts which are committed pursuant to the usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. D. Under no circumstances shall the mother of the unborn child be prosecuted for causing the death of the unborn child unless the Req. No. 62 Page 9 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 mother has committed a crime that caused the death of the unborn child. SECTION 7. AMENDATORY Section 4, Chapter 238, O.S.L. 2014, as amended by Section 1, Chapter 50, O.S.L. 2016 (25 O.S. Supp. 2018, Section 2004), is amended to read as follows: Section 2004. A. Except as otherwise provided by law, no person, corporation, association, organization, state-supported institution, or individual employed by any of these entities may procure, solicit to perform, arrange for the performance of, perform surgical procedures, or perform a physical examination upon a minor or prescribe any prescription drugs to a minor without first obtaining a written consent of a parent or legal guardian of the minor. B. Except as otherwise provided by law, no hospital as defined in Section 1-701 of Title 63 of the Oklahoma Statutes may permit surgical procedures to be performed upon a minor in its facilities without first having received a written consent from a parent or legal guardian of the minor. C. The provisions of this section shall not apply when it has been determined by a physician that an emergency exists and that it is necessary to perform such surgical procedures for the treatment of an injury, illness or drug abuse, or to save the life of the patient, or when such parent or other adult authorized by law to Req. No. 62 Page 10 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 consent on behalf of a minor cannot be located or contacted after a reasonably diligent effort. D. The provisions of this section shall not apply to an abortion, which shall be governed by the provisions of Sections 1740 through 1-740.6 and Sections 1-744 through 1-744.6 of Title 63 of the Oklahoma Statutes or any successor statute. E. A person who violates a provision of this section is guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment of not more than one (1) year in the county jail, or by both such fine and imprisonment. SECTION 8. AMENDATORY 56 O.S. 2011, Section 1005, is amended to read as follows: Section 1005. A. It shall be unlawful for any person to willfully and knowingly: 1. Make or cause to be made a claim, knowing the claim to be false, in whole or in part, by commission or omission; 2. Make or cause to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide a good or a service knowing the statement or representation to be false, in whole or in part, by commission or omission; 3. Make or cause to be made a statement or representation for use by another in obtaining a good or a service under the Oklahoma Medicaid Program, knowing the statement or representation to be false, in whole or in part, by commission or omission; Req. No. 62 Page 11 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 4. Make or cause to be made a statement or representation for use in qualifying as a provider of a good or a service under the Oklahoma Medicaid Program, knowing the statement or representation to be false, in whole or in part, by commission or omission; 5. Charge any recipient or person acting on behalf of a recipient, money or other consideration in addition to or in excess of rates of remuneration established under the Oklahoma Medicaid Program; 6. Solicit or accept a benefit, pecuniary benefit, or kickback in connection with goods or services paid or claimed by a provider to be payable by the Oklahoma Medicaid Program; or 7. Having submitted a claim for or received payment for a good or a service under the Oklahoma Medicaid Program, fail to maintain or destroy such records as required by law or the rules of the Oklahoma Health Care Authority for a period of at least six (6) years following the date on which payment was received. B. For the purposes of this section, a person shall be deemed to have made or caused to be made a claim, statement, or representation if the person: 1. Had the authority or responsibility to make the claim, statement, or representation, to supervise those who made the claim, statement, or representation, or to authorize the making of the claim, statement, or representation, whether by operation of law, business or professional practice, or office procedure; and Req. No. 62 Page 12 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 2. Exercised such authority or responsibility or failed to exercise such authority or responsibility and as a direct or indirect result, the false statement was made. C. The provisions of this section shall not be construed to prohibit any payment, business arrangement or payment practice not prohibited by 42 U.S.C., Section 1320a-7b(b) or any regulations promulgated pursuant thereto or to prohibit any payment, business arrangement or payment practice not prohibited by Section 1-742 of Title 63 of the Oklahoma Statutes. D. For the purposes of this section, a person shall be deemed to have known that a claim, statement, or representation was false if the person knew, or by virtue of the person's position, authority or responsibility, had reason to know, of the falsity of the claim, statement or representation. E. Any employee of the State Department of Health, the Department of Human Services or the Oklahoma Health Care Authority who knowingly or willfully fails to promptly report a violation of the Oklahoma Medicaid Program, subject to the provisions of this section, to the chief administrative officer of such agency or the State Attorney General shall, upon conviction thereof, be guilty of a misdemeanor. SECTION 9. AMENDATORY 59 O.S. 2011, Section 519.11, as amended by Section 5, Chapter 163, O.S.L. 2015 (59 O.S. Supp. 2018, Section 519.11), is amended to read as follows: Req. No. 62 Page 13 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 Section 519.11. A. Nothing in the Physician Assistant Act shall be construed to prevent or restrict the practice, services or activities of any persons of other licensed professions or personnel supervised by licensed professions in this state from performing work incidental to the practice of their profession or occupation, if that person does not represent himself as a physician assistant. B. Nothing stated in the Physician Assistant Act shall prevent any hospital from requiring the physician assistant and/or the supervising physician to meet and maintain certain staff appointment and credentialling credentialing qualifications for the privilege of practicing as, or utilizing, a physician assistant in the hospital. C. Nothing in the Physician Assistant Act shall be construed to permit a physician assistant to practice medicine or prescribe drugs and medical supplies in this state except when such actions are performed under the supervision and at the direction of a physician approved by the State Board of Medical Licensure and Supervision. D. Nothing herein shall be construed to require licensure under this act of a physician assistant student enrolled in a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant. E. Notwithstanding any other provision of law, no one who is not a physician licensed to practice medicine in the state of Oklahoma may perform acts restricted to such physicians pursuant to Req. No. 62 Page 14 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 the provisions of Section 1-731 of Title 63 of the Oklahoma Statutes. SECTION 10. AMENDATORY 63 O.S. 2011, Section 1-568, is amended to read as follows: Section 1-568. A. Nothing in the Genetic Counseling Licensure Act may be construed to require any genetic counselor or other person to mention, discuss, suggest, propose, recommend, or refer for, abortion, or to agree or indicate a willingness to do so, nor shall licensing of any genetic counselor be contingent upon acceptance of abortion as a treatment option for any genetic or other prenatal disease, anomaly, or disability. B. If the State Board of Health determines that accreditation of genetic counseling training programs by the American Board of Genetic Counseling or of medical genetics training programs by the American Board of Medical Genetics is dependent on criteria, or applied in a manner, incompatible with the provisions of subsection A of this section, it shall establish or recognize and apply criteria for accreditation of alternative genetic counseling training programs or medical genetics training programs compatible with the provisions of subsection A of this section and any genetic counseling training programs or medical genetics training programs accredited thereunder shall be deemed accredited for the purposes of paragraph 3 of subsection A of Section 4 of this act. Req. No. 62 Page 15 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 C. If the State Board of Health determines that the examination required for certification as a genetic counselor by the American Board of Genetic Counseling or the American Board of Medical Genetics or as a medical geneticist by the American Board of Medical Genetics is incompatible with the provisions of subsection A of this section, it shall establish or recognize an alternative examination compatible with the provisions of that subsection and an individual who passes such an examination shall be deemed to meet the relevant requirements of paragraph 4 of subsection A of Section 4 of this act. D. The State Board of Health shall by rule waive such other provisions of the Genetic Counseling Licensure Act and provide for appropriate substitute requirements as it determines necessary to ensure compliance with subsection A of this section. E. There shall be no cause of action against any person for failure to mention, discuss, suggest, propose, recommend, or refer for, abortion, unless the abortion is necessary to prevent the death of the mother. F. This section shall not be severable from the Genetic Counseling Licensure Act. SECTION 11. AMENDATORY 63 O.S. 2011, Section 1-701, is amended to read as follows: Section 1-701. Req. No. 62 For the purposes of this article: Page 16 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 1. "Hospital" means any institution, place, building or agency, public or private, whether organized for profit or not, devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of patients admitted for overnight stay or longer in order to obtain medical care, surgical care, obstetrical care, or nursing care for illness, disease, injury, infirmity, or deformity. Except as otherwise provided by paragraph 5 of this subsection, places where pregnant females are admitted and receive care incident to pregnancy, abortion or delivery shall be considered to be a "hospital" within the meaning of this article, regardless of the number of patients received or the duration of their stay. The term "hospital" includes general medical surgical hospitals, specialized hospitals, critical access and emergency hospitals, and birthing centers; 2. "General medical surgical hospital" means a hospital maintained for the purpose of providing hospital care in a broad category of illness and injury; 3. "Specialized hospital" means a hospital maintained for the purpose of providing hospital care in a certain category, or categories, of illness and injury; 4. "Critical access hospital" means a hospital determined by the State Department of Health to be a necessary provider of health care services to residents of a rural community; Req. No. 62 Page 17 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 5. "Emergency hospital" means a hospital that provides emergency treatment and stabilization services on a 24-hour basis that has the ability to admit and treat patients for short periods of time; 6. "Birthing center" means any facility, place or institution, which is maintained or established primarily for the purpose of providing services of a certified midwife or licensed medical doctor to assist or attend a woman in delivery and birth, and where a woman is scheduled in advance to give birth following a normal, uncomplicated, low-risk pregnancy. Provided, however, licensure for a birthing center shall not be compulsory; and 7. "Day treatment program" means nonresidential, partial hospitalization programs, day treatment programs, and day hospital programs as defined by subsection A of Section 175.20 of Title 10 of the Oklahoma Statutes. SECTION 12. AMENDATORY 63 O.S. 2011, Section 1-728c, is amended to read as follows: Section 1-728c. An employer shall not discriminate against an employee or prospective employee by refusing to reasonably accommodate the religious observance or practice of the employee or prospective employee, unless the employer can demonstrate that the accommodation would pose an undue hardship on the program, enterprise, or business of the employer, in the following circumstances: Req. No. 62 Page 18 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 1. An abortion as defined in Section 1-730 of Title 63 of the Oklahoma Statutes. The provisions of this section shall not apply if the pregnant woman suffers from a physical disorder, physical injury, or physical illness which, as certified by a physician, causes the woman to be in imminent danger of death unless an abortion is immediately performed or induced and there are no other competent personnel available to attend to the woman. As used in this act, the term "abortion" shall not include the prescription of contraceptives; 2. An experiment or medical procedure that destroys an in vitro human embryo or uses cells or tissue derived from the destruction of an in vitro human embryo; 3. 2. An experiment or medical procedure on an in vitro human embryo that is not related to the beneficial treatment of the in vitro human embryo; 4. 3. An experiment or medical procedure on a developing child in an artificial womb, at any stage of development, that is not related to the beneficial treatment of the developing child; 5. 4. A procedure, including a transplant procedure, that uses fetal tissue or organs that come from a source other than a stillbirth or miscarriage; or 6. 5. An act that intentionally causes or assists in causing the death of an individual by assisted suicide, euthanasia, or mercy killing. Req. No. 62 Page 19 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 SECTION 13. AMENDATORY 63 O.S. 2011, Section 2601, is amended to read as follows: Section 2601. For the purposes of this act, the following words and phrases mean: (a) "Minor" means any person under the age of eighteen (18) years of age, except such person who is on active duty with or has served in any branch of the Armed Services of the United States shall be considered an adult. (b) "Health professional" means for the purposes of this act any licensed physician, psychologist, dentist, osteopathic physician, podiatrist, chiropractor, registered or licensed practical nurse or physician's assistant. (c) "Health services" means services delivered by any health professional including examination, preventive and curative treatment, surgical, hospitalization, and psychological services, except abortion or sterilization. Should the health services include counseling concerning abortion, all alternatives will be fully presented to the minor. Services in this act shall not include research or experimentation with minors except where used in an attempt to preserve the life of that minor, or research as approved by an appropriate review board involved in the management of reportable diseases. Req. No. 62 Page 20 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 SECTION 14. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 18h of Title 74, unless there is created a duplication in numbering, reads as follows: The Attorney General shall monitor this state's enforcement of Chapter 24 of Title 21 of the Oklahoma Statutes in relation to abortion. The Attorney General shall direct state agencies to enforce those laws regardless of any contrary or conflicting federal statutes, regulations, executive orders, or court decisions. SECTION 15. AMENDATORY 74 O.S. 2011, Section 5054, is amended to read as follows: Section 5054. A. None of the funds provided in the Oklahoma Health Research Act shall be used to conduct or support any research or experimentation on a human subject unless the research or experimentation has been reviewed and approved by an institutional review board. B. None of the funds provided in the Oklahoma Health Research Act shall be used to undertake any research which has abortion, as defined by Section 1-730 691 of Title 63 21 of the Oklahoma Statutes, as its purpose. SECTION 16. REPEALER 21 O.S. 2011, Sections 684, 714, 861 and 862, are hereby repealed. SECTION 17. REPEALER 63 O.S. 2011, Sections 1-729a, as amended by Section 1, Chapter 121, O.S.L. 2014 (63 O.S. Supp. 2018, Section 1-729a), 1-731, 1-731.2 through 1-737, 1-737.4, as amended Req. No. 62 Page 21 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 by Section 1, Chapter 123, O.S.L. 2017 (63 O.S. Supp. 2018, Section 1-737.4), 1-737.5, 1-737.6, 1-738i, 1-738j, 1-738k, as amended by Section 1, Chapter 303, O.S.L. 2013 (63 O.S. Supp. 2018, Section 1738k), 1-738l, 1-738m, as amended by Section 6, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Section 1-738m), 1-738n, as amended by Section 3, Chapter 303, O.S.L. 2013 (63 O.S. Supp. 2018, Section 1738n), 1-738o, 1-738p, 1-738.1A, 1-738.2 through 1-738.3a, as amended by Sections 1 through 3, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Sections 1-738.2 through 1-738.3a), 1-738.3d, 1-738.3e, 1-738.5, 1-738.6, 1-738.7, 1-738.8, as amended by Section 4, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Section 1-738.8), 1-738.9 through 1-738.12, 1-738.13, as amended by Section 5, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Section 1-738.13), 1-738.14 through 1-740.1, 1-740.2, 1-740.3 and 1-740.4, as amended by Sections 2, 3 and 4, Chapter 320, O.S.L. 2013 (63 O.S. Supp. 2018, Sections 1740.2, 1-740.3 and 1-740.4), 1-740.4a, 1-740.4b, as amended by Section 1, Chapter 386, O.S.L. 2015 (63 O.S. Supp. 2018, Section 1740.4b), 1-740.5 through 1-740.11, 1-740.12, as amended by Section 485, Chapter 304, O.S.L. 2012 (63 O.S. Supp. 2018, Section 740.12), 1-741 through 1-743, and 1-745.1 through 1-745.11, are hereby repealed. SECTION 18. REPEALER Sections 1 through 7, Chapter 170, O.S.L. 2012 (63 O.S. Supp. 2018, Sections 1-729.1 through 1-729.7), are hereby repealed. Req. No. 62 Page 22 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 SECTION 19. REPEALER Sections 1 through 9, Chapter 159, O.S.L. 2012 (63 O.S. Supp. 2018, Sections 1-745.12 through 1745.19), are hereby repealed. SECTION 20. REPEALER Section 4, Chapter 303, O.S.L. 2013 (63 O.S. Supp. 2018, Section 1-738q), is hereby repealed. SECTION 21. REPEALER Sections 1 through 6, Chapter 198, O.S.L. 2012 (63 O.S. Supp. 2018, Sections 1-738.3f through 1738.3k), are hereby repealed. SECTION 22. REPEALER Sections 2, 4, and 5, Chapter 268, O.S.L. 2013 (63 O.S. Supp. 2018, Sections 1-740.2A, 1-740.13 and 1740.14), are hereby repealed. SECTION 23. REPEALER Sections 1 and 5 through 10, Chapter 320, O.S.L. 2013 (63 O.S. Supp. 2018, Sections 1-744 through 1-744.6), are hereby repealed. SECTION 24. REPEALER Sections 1, 3 through 5 and 7 through 10, Chapter 175, O.S.L. 2014 (63 O.S. Supp. 2018, Sections 1-746.1, 1-746.3 through 1-746.5 and 1-746.7 through 1-746.10), are hereby repealed. SECTION 25. REPEALER Sections 2 and 6, Chapter 175, O.S.L. 2014, as amended by Sections 7 and 8, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Sections 1-746.2 and 1-746.6), are hereby repealed. SECTION 26. REPEALER Section 1, Chapter 370, O.S.L. 2014 (63 O.S. Supp. 2018, Section 1-748), is hereby repealed. Req. No. 62 Page 23 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 SECTION 27. REPEALER Sections 1 through 10, Chapter 59, O.S.L. 2015 (63 O.S. Supp. 2018, Sections 1-737.7 through 1-737.16), are hereby repealed. SECTION 28. REPEALER Section 9, Chapter 255, O.S.L. 2015 (63 O.S. Supp. 2018, Section 1-738.5a), is hereby repealed. SECTION 29. REPEALER Sections 2 through 4, Chapter 386, O.S.L. 2015 (63 O.S. Supp. 2018, Sections 1-749 through 1-750), are hereby repealed. SECTION 30. REPEALER Sections 1 and 3 through 5, Chapter 353, O.S.L. 2016 (63 O.S. Supp. 2018, Sections 1-751 and 1-753 through 1-755), are hereby repealed. SECTION 31. REPEALER Section 2, Chapter 353, O.S.L. 2016, as amended by Section 2, Chapter 123, O.S.L. 2017 (63 O.S. Supp. 2018, Section 1-752), is hereby repealed. SECTION 32. REPEALER Sections 1 through 5, Chapter 308, O.S.L. 2017 (63 O.S. Supp. 2018, Sections 1-740.15 through 1740.19), are hereby repealed. SECTION 33. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: Any federal statute, regulation, executive order or court decision which purports to supersede, stay or overrule this Act is in violation of the Constitution of the State of Oklahoma and the Constitution of the United States of America and is therefore void. The State of Oklahoma and its political subdivisions, and agents Req. No. 62 Page 24 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 thereof, may not enter an appearance, special or otherwise, in any federal suit challenging this Act. SECTION 34. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: The provisions, words, phrases and clauses of this act are declared to be inseverable. SECTION 35. 57-1-62 Req. No. 62 This act shall become effective November 1, 2019. DC 11/29/2018 2:46:00 PM Page 25