Oklahoma Abortion Procedure Compliance Requirements (SB 642)
This law was last updated on Oct 4, 2016
***The Oklahoma Supreme Court unanimously overturned the law on October 4, 2016.***
SB 642 was first introduced as a set of provisions establishing rules and procedures for preserving fetal tissue. Amendments were later added to amend additional abortion laws, including abortion facility licensing requirements and parental consent.
SB 642 would require a physician who performs an abortion on a child under the age of fourteen to preserve the fetal tissue extracted during the abortion in accordance with rules promulgated by the State Board of Health. The physician would be required to submit the tissue to the State Department of Health.
The bill would require the State Board of Health to adopt rules to implement this provision, including:
- the amount and type of fetal tissue to be preserved;
- procedure for proper preservation of the tissue for the purposes of DNA testing;
- procedures for documenting the chain of custody for the sample;
- procedure for proper disposal of preserved fetal tissue;
- a uniform reporting form;
- procedures for communication with law enforcement regarding evidence and information obtained from the sample.
The bill would prohibit a person from intentionally causing, aiding, abetting or assisting an unemancipated minor to obtain an abortion without the proper consent required ( OK Stat § 63-1-740.2).
Clinic Licensing and Inspections
The bill would require the State Board of Health to establish policies and procedures for conducting pre-licensure and re-licensure inspections of abortion facilities. Prior to issuing or reissuing a license, the Department would need to conduct an on-site inspection to ensure compliance with the rules promulgated by the Board.
If the State Commissioner of Health determines that there is reasonable cause to believe an abortion facility in the state is not adhering to the proper requirements, the Commissioner and any duly designated employee or agent may enter on and into the premises of the facility during regular business hours to determine compliance.
If a facility is found to not be in compliance, the Commissioner may take action to deny, suspend, revoke or refuse to renew a license to operate an abortion facility.
Any person who knowingly violates any portion of this Act would be guilty of a felony.
Signed into law by Gov. Fallin on June 4, 2015.
On November 16, 2015, the Oklahoma Supreme Court’s ordered a stay on enforcement of the law, pending further order of the state supreme court.
The Oklahoma Supreme Court overturned the law on October 4, 2016.