Oklahoma Parental Notification Act (HB 1588)
This law was last updated on May 2, 2014
HB 1588 amends Oklahoma’s parental notification law and creates the Parental Notification Act.
Except in cases of medical emergency or where a judicial waiver is obtained under section 1-740.3, no abortion may be performed on an unemancipated minor or on a female for whom a guardian has been appointed because of a finding of incompetency until at least 48 hours after request for written informed consent has been delivered to one parent by certified mail, and the attending physician has secured proof of identification and the written informed consent of one parent.
The bill adds two days before the request for written informed consent will be deemed to have been delivered. Previously, if a physician mailed a request for consent, the request would have been deemed delivered at noon on the next regular mail delivery day. This bill extends that time to noon on the third day of regular mail delivery.
Notice is not required if the physician certifies that a medical emergency exists, but within 24 hours, the physician must provide verbal notice to the minor’s parent or guardian that the procedure was performed and the basis of the medical emergency. The physician must also send written notice to the last known address of the minor’s parent or guardian by certified mail.
Notice is not required if the pregnant female declares she is a victim of sexual or physical abuse by a parent and the attending physician has reported the alleged abuse to the Department of Human Services or law enforcement.
The bill repeals a provision that would have permitted a minor to petition a court to waive the notice requirement for an abortion performed in case of medical emergency.
Any violation of this act will result in a misdemeanor and is grounds for civil action.
Related to HB 1361.