Oklahoma Prenatal Nondiscrimination Act of 2018 (SB 1430)

SB 1430 would prohibit a person from intentionally performing or attempting to perform an abortion with knowledge that the pregnant person is seeking the abortion solely because the fetus has been diagnosed with either Down syndrome or a viable genetic abnormality, or a potential for Down syndrome or a viable genetic abnormality.

Any physician or other person who violates this provision would be guilty of a misdemeanor and be fined at least $10,000.

Any physician or other person who violates this provision would be liable for damages and would have his or her medical license suspended or revoked.

The bill allows for a civil action to be brought by a pregnant patient, or the parent or legal guardian of the patient, if an abortion has been performed in violation of the act.

Any individual upon whom an abortion in violation of this provision is performed or attempted may not be prosecuted under this act.

Cause of Action

A cause of action for injunctive relief against any physician or other person who has knowingly violated this act may be maintained by:

• the individual upon whom the abortion was performed or attempted to be performed;
• any person who is the spouse, parent, guardian or a current or former licensed health-care provider of the individual upon whom an abortion has been performed or attempted to be performed;
• by the Office of the Attorney General of Oklahoma; or
• by a district attorney with appropriate jurisdiction.

The injunction would prevent the physician or person from performing further abortions in violation of this act.

Any physician or other person who knowingly violates the terms of an injunction would be subject to civil contempt and be fined at least $50,000.

The bill would allow any member who sponsored this bill in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.

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Related Legislation

Based on model legislation drafted by Americans United for Life.

Similar to HB 1549 (2017).

Similar to HB 3128, which failed to pass in 2016.

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People

Organizations

• Americans United for Life — Drafted Model Law