Okla. Stat. tit. 63 § 1-757.7

Current through Laws 2024, c. 453.

Section 1-757.7 - Certification system for physicians

The State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners shall adopt a certification system for any physician intending to provide abortion-inducing drugs to patients in the state. Individuals or physicians providing abortion-inducing drugs in other states are not automatically certified in this state, and shall be fully certified under this law prior to providing any abortion-inducing drugs to any pregnant women in this state. To be eligible to be certified under this section physicians shall:

1. Be fully licensed by and in good standing with either the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners to practice medicine in the state;

2. Examine any patient in person prior to providing abortion inducing drugs;

3. Sign an annual "Dispensing Agreement Form", to be developed and provided by the physician's state licensing board, before providing abortion-inducing drugs;

4. Inform the patient of gestational age-specific risks of using abortion-inducing drugs;

5. Assess for signs of domestic abuse, reproductive control, human trafficking and other signals of coerced abortion, per current state guidelines;

6. Adequately inform the patient of gestational age-specific age risks of using abortion-inducing drugs;

7. Inform the patient that she may see the remains of her unborn child in the process of completing the abortion;

8. Inform the patient that studies show that babies born following the abortion reversal process have a rate of birth defects no higher than the general population;

9. Inform the patient that studies show that following this reversal process or otherwise treating a woman with progesterone during pregnancy does not lead to increased mortality rates;

10. Refrain from knowingly supplying abortion-inducing drugs to patients who present with any of the following:

a. absence of a pregnancy,

b. being post-seventy days gestation or post-ten weeks of pregnancy, and

c. having risk factors associated with abortion-inducing drugs including, but not limited to:

(1) ectopic pregnancies,

(2) problems with the adrenal glands near the kidneys,

(3) being treated with long-term corticosteroid therapy,

(4) allergic reactions to abortion-inducing drugs, mifepristone, misoprostol or similar drugs,

(5) bleeding problems or is taking anticoagulant drug products,

(6) has inherited porphyria,

(7) has an intrauterine device in place, or

(8) being Rh Negative, requiring administration of Rhogam before providing abortion-inducing drugs;

11. Provide or refer for emergency surgical intervention in cases of incomplete abortion, severe bleeding or other medical complications, through maintaining hospital admitting privileges or entering into a written agreement with an associated physician as specified in Section 8 of this act;

12. Assure patient access to medical facilities equipped to provide blood transfusions and resuscitation or other necessary treatments, if necessary;

13. Sign, and ensure that the patient signs, all legally required informed consent material, providing patient with a copy showing both signatures, and placing the original in the patient's medical record;

14. Record the serial number from each package of each abortion-inducing drug given to the patient in her medical record;

15. Submit a written protocol of how efforts will be made to schedule with the patient the medically indicated follow-up appointment within fourteen (14) days to assure a completed abortion;

16. Report to the State Board of Pharmacy, the physician's state licensing board and the Food and Drug Administration, any death associated with abortion-inducing drugs with the following guidelines:

a. the patient shall be noted by a non-identifiable reference and the serial number from each package of abortion-inducing drug given, whether or not considered drug-related,

b. this shall be done as soon as possible but no later than fifteen (15) calendar days from the initial receipt of the information by the physician, and

c. this requirement does not affect the physician's other reporting and follow-up requirements under the Oklahoma Abortion-Inducing Drug Certification Program or any additional requirements by another department that oversees the abortion industry in this state;

17. Submit a written protocol of how complications will be handled by the certified physician and submit a copy of a signed contract with an associated physician credentialed to handle certain complications as outlined in Section 8 of this act;

18. Abide by all applicable state and federal laws regarding medical records retention, confidentiality and privacy; and

19. Agree to follow and document compliance with all other legally required conditions for performing abortion in the state where the patient presents for her appointment including, but not limited to, waiting periods, informed consent requirements, statistical reporting, parental consent or notification and required inspections.

Okla. Stat. tit. 63, § 1-757.7

Added by Laws 2021 , c. 578, s. 7, eff. 11/1/2021.