Bill > SB2054

This bill, titled the "Oklahoma Mother and Child Protection Act," creates new laws in Oklahoma to restrict abortion-inducing drugs, defining "abortion" as intentionally terminating a pregnancy with an intention other than to preserve the life of the mother or a live birth, and defining "abortion-inducing drug" as a substance intended to terminate a pregnancy and likely cause the death of the unborn child, including specific examples like mifepristone and misoprostol, but excluding drugs prescribed for other medical reasons. The act generally prohibits the manufacture, distribution, and provision of these drugs within Oklahoma, with exceptions for treating life-threatening conditions, ectopic pregnancies, or removing a dead fetus from a miscarriage or trauma, and it explicitly states that it does not apply to a pregnant woman's own actions to abort her pregnancy or to conduct protected by the First Amendment. Enforcement of this act is exclusively through "qui tam" actions, a type of lawsuit where a private citizen sues on behalf of the state and can receive a portion of any penalties recovered, and the bill outlines specific conditions and limitations for who can bring such an action, prohibiting it against women seeking abortions, certain individuals with criminal histories or who have committed abuse, transportation or delivery services, and generally healthcare providers or pharmaceutical companies unless specific conditions are met. The bill also establishes affirmative defenses for defendants, such as lack of knowledge and reasonable precautions, and prohibits certain defenses, including reliance on overturned court decisions or out-of-state laws, and it mandates significant financial penalties for violations, including at least $100,000 per violation, plus costs and attorney fees for the prevailing private enforcer. Furthermore, the act aims to prevent other states from enacting "clawback provisions" that penalize individuals for complying with Oklahoma's law, and it grants broad immunities to the state and its officials from legal challenges to the act's validity or enforcement, declaring an emergency for its immediate effect.

Health and Social Services

http://www.oklegislature.gov/BillInfo.aspx?Bill=sb2054&Session=2600