Oklahoma 72-Hour Waiting Period Bill (HB 1409)

HB 1409 amends Oklahoma’s informed consent law (63 O.S. 1-738.2 &1-738.3). It increases the time for voluntary and informed consent prior to an abortion from 24 hours to 72 hours. All of the informed consent requirements must be satisfied 72 hours before the abortion is performed.

The bill also requires that the State Board of Medical Licensure and Supervision update the state-mandated printed materials that physicians are required to give to pregnant people so that they state that “Abortion shall terminate the life of a whole, separate, unique, living human being.”

In addition, the bill requires any facility with a website to include a link to the Board’s website that provides the informed consent materials under the Woman’s Right to Know Act. The link must read: “The State Board of Medical Licensure and Supervision maintains a website containing information about the development of the unborn child, as well as video of ultrasound images of the unborn child at various stages of development. The Board’s website can be reached by clicking here.”

STATUS

5/5/15 – Signed into law by Gov. Mary Fallin.

11/1/2015 – Took effect.

People

Legal Cases

• Tulsa Women’s Reproductive Clinic v. Hunter [D and E ban]