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Oklahoma Pain-Capable Unborn Child Protection Act (HB 1888)

This law was last updated on Nov 2, 2017




HB 1888




Feb 7, 2011


Primary Sponsors: 2
Co-sponsors: 42
Total Sponsors: 44


20-Week Bans, Later Abortion, Physicians Reporting Requirements, Reporting Requirements

Full Bill Text

20-Week Abortion Ban

Bans abortions at 20 or more weeks post-fertilization unless abortion is necessary to avert the woman’s death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.

The purpose of the 20-week ban is to protect Oklahoma’s compelling interest in “protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.”  The bill states that this interest is separate from its interest in “protecting the lives of unborn children from the stage of viability.” The bill provides that neither interest is intended to replace the other.

The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.

Codified at 63 Okl. St. § 1-745.5.

Physician Reporting Requirements

Abortion providers are required to report to the state department of health: (1) The post-fertilization age of the fetus, how it was determined, and if it was not determined, the basis that a medical emergency existed; (2) If the post-fertilization age is 20 weeks or more and an abortion was performed, whether the method performed provided the best opportunity for the fetus to survive; and the medical basis for the determination that an abortion was required to avert the death or serious impairment to the pregnant woman.

Reporting Requirements

By June 30 of each year, the department of health shall issue a public report providing statistics compiled from all the reports provided by physicians.