Oklahoma ‘Women’s Health Protection Act’ (SB 857)
This law was last updated on Jan 18, 2019
SB 857 would require all abortion clinics to be licensed by the State Department of Health. A person who operates an abortion clinic without a valid license would be guilty of a misdemeanor.
A license would apply only to the location and licensee stated on the application and would not be transferable. If the location of the facility is changed, the license would automatically be revoked.
The bill would require the State Department of Health to establish policies and procedures for conducting pre-licensure and re-licensure inspections of abortion clinics.
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 State Commissioner of Health.
The department would need to promulgate rules for conducting inspections and investigations pursuant to complaints received by the State Department of Health and made against any abortion facility.
This provision would ostensibly allow anyone to harass a clinic and cause repeated and unnecessary inspections.
The bill would require the state to establish rules for the licensing and operation of abortion clinics, and to create minimum standards for physical facilities, abortion equipment and supply, personnel, medical screening and evaluation, abortion procedures, recovery rooms, follow-up care and incident reporting.
If the State Commissioner of Health determines that there is reasonable cause to believe a licensee, licensed abortion facility or abortion facility that is required to be licensed in this state is not adhering to the requirements, the Commissioner and any duly-designated employee may enter the facility to determine compliance.
If an inspection or investigation conducted pursuant to this provision reveals that an applicant, licensee or licensed abortion facility is not adhering to the requirements of this provision, the Commissioner may take action to deny, suspend, revoke or refuse to renew a license to operate an abortion facility.
Similar to SB 754, which failed to pass in 2017.
1/17/19 – Prefiled.
- Americans United for Life — Drafted Model Law