Oklahoma Code § 63-1-738m

Title 63. Public Health And Safety: Annual Abortion Report - Annual Judicial Bypass of
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Abortion Parental Consent Summary Report.
A.  Beginning in 2013, by June 1 of each year, the Department
shall issue, on its stable Internet website, a public Annual
Abortion Report providing statistics for the previous calendar year
compiled from all of the reports covering that year submitted in
accordance with the Statistical Abortion Reporting Act.
B.  The Department's public report shall also provide statistics
for all previous calendar years for which abortion-reporting
requirements have been in effect, adjusted to reflect any additional
information from late or corrected reports.
C.  The Annual Abortion Report shall include, but not be limited
to, the following information:
1.  The number of induced abortions performed in the previous
calendar year, broken down by month and county in which the abortion
was performed;
2.  The number of abortions classified by:
a. the state or foreign country of residence of the
mother,
b. the age, marital status, and race of the mother, and
c. the number of years of education of the mother;
3.  The number of abortions classified by:
a. the number of previous pregnancies of the mother,
b. previous live births to the mother,
c. previous miscarriages, and
d. previous induced abortions;
4.  The number of abortions by week of gestational age;
5.  The number of abortions performed by each reported method;
6.  The number of abortions resulting in an infant born alive;
of these, the number of cases in which life-sustaining measures were
taken; and a statistical summary of the length of survival of such
infants;
7.  The number of cases in which anesthesia was administered to
the mother and the number of each type of anesthesia;

8.  The number of cases in which anesthesia was administered to
the unborn child, and the number of each type of anesthesia and of
each method of administration;
9.  The number of each reported method of fetal disposal;
10.  The reasons reported for the abortions, and the number of
times each reported reason was cited;
11.  The number of abortions paid for by:
a. private insurance,
b. public health plan,
c. Medicaid,
d. private pay, or
e. other;
12.  The number of abortions in which medical health insurance
coverage was under:
a. a fee-for-service insurance company,
b. a managed care company, or
c. other;
13.  A statistical summary of the fees collected;
14.  Specialty area of medicine of the physician;
15.  The number of abortions in which ultrasound equipment was
used before, during, or after the abortion, and the number of times
vaginal ultrasound, abdominal ultrasound, or both were used in each
of the three circumstances;
16.  The number of abortions before which an ultrasound was
performed by:
a. the physician performing the abortion,
b. a physician other than the physician performing the
abortion, or
c. other;
17.  The number of abortions resulting in reported
complications, and of those, how many were reported by the physician
who performed the abortion, and how many were reported by another
physician, the types of reported complications, and the number of
each type based on data which shall be compiled and transmitted to
the State Department of Health by the State Board of Medical
Licensure and Supervision and the State Board of Osteopathic
Examiners;
18.  The number of abortions resulting in the reported death of
the mother;
19.  The number of females to whom the physician provided the
information in subparagraph a of paragraph 1 of subsection B of
Section 1-738.2 of this title; of that number, the number provided
by telephone and the number provided in person; and of each of those
numbers, the number provided in the capacity of a referring
physician and the number provided in the capacity of a physician who
is to perform the abortion;

20.  The number of females to whom physicians or agents of
physicians provided the information in paragraph 2 of subsection B
of Section 1-738.2 of this title; of that number, the number
provided by telephone and the number provided in person; of each of
those numbers, the number provided in the capacity of a referring
physician and the number provided in the capacity of a physician who
is to perform the abortion; and of each of those numbers, the number
provided by the physician and the number provided by an agent of the
physician;
21.  The number of females who availed themselves of the
opportunity to have a copy of the printed information described in
Section 1-738.3 of this title mailed to them; and of that number,
the number who, based on the submitted reports, did and did not
obtain an abortion;
22.  The number of abortions performed by the physician in which
information otherwise required to be provided at least seventy-two
(72) hours before the abortion was not so provided because an
immediate abortion was necessary to avert the death of the female,
and the number of abortions in which such information was not so
provided because a delay would create serious risk of substantial
and irreversible impairment of a major bodily function;
23.  The number of females to whom physicians or their agents
provided the information described in subsection A of Section 1-
738.8 of this title; of that number:
a. the number provided by telephone and the number
provided in person; and of each of those numbers, the
number provided in the capacity of a referring
physician and the number provided in the capacity of a
physician who is to perform the abortion, or by the
agent of such physician, and
b. the number of females who availed themselves of the
opportunity to be given or mailed the materials
described in Section 1-738.10 of this title, and the
number who did not; and of each of those numbers, the
number who, to the best of the information and belief
of the reporting physician, went on to obtain the
abortion;
24.  The number of females to whom the information described in
subsection A of Section 1-738.8 of this title would have had to be
provided but for a medical emergency determination; of that number,
the number for whom an immediate abortion was necessary to avert the
death of the female, and the number for whom a delay would have
created serious risk of substantial and irreversible impairment of a
major bodily function;
25.  The number of abortions performed within the scope of
employment of Oklahoma state employees and employees of an agency or
political subdivision of the state, the number of abortions

performed with the use of public institutions, facilities,
equipment, or other physical assets owned, leased, or controlled by
this state, its agencies, or political subdivisions, and for each
category:
a. the number of abortions reported as necessary to save
the life of the mother, the life-endangering
conditions identified, and the number of each such
condition reported,
b. the number of abortions reported from pregnancies
resulting from forcible rape, the number of such rapes
reported to law enforcement authorities, general
categories of law enforcement authorities to whom
reports were made and the number made to each
category, and a statistical summary of the length of
time between the dates of reporting to law enforcement
authorities and the dates of the abortions, and
c. the number of abortions reported from pregnancies
resulting from incest committed against a minor, the
number of perpetrators of incest in such cases
reported to law enforcement authorities, general
categories of law enforcement authorities to whom
reports were made and the number made to each
category, and a statistical summary of the length of
time between the dates of reporting to law enforcement
authorities and the dates of the abortions;
26.  The number of females to a parent of whom the physician
provided notice as required by Section 1-740.2 of this title; of
that number, the number provided personally as described in that
section, and the number provided by mail as described in that
section, and of each of those numbers, the number of females who, to
the best of the information and belief of the reporting physician,
went on to obtain the abortion;
27.  The number of females upon whom the physician performed an
abortion without the notice to or consent of the parent of the minor
required by Section 1-740.2 of this title; of that number, the
number who were emancipated minors and the number who suffered from
a medical emergency, and of the latter, the number of cases in which
a parent was notified subsequently and the number of cases in which
a judicial waiver was obtained.  In the case of medical emergencies
in which a parent was informed subsequently, a statistical summary
of the period of time elapsed before notification;
28.  The number of abortions performed after receiving judicial
authorization to do so without parental notice and consent;
29.  The number of abortions performed on minors after judicial
authorizations were granted because of a finding that the minor girl
was mature and capable of giving informed consent;

30.  The number of abortions performed on minors after judicial
authorizations were granted because of a finding that the
performance of the abortion without parental notification and
consent was in the best interest of the minor;
31.  The number of abortions performed after which the remains
of the fetus after the abortion were examined to ensure that all
such remains were evacuated from the mother's body;
32.  The number of male children aborted and female children
aborted, as determined from the examination of fetal remains after
abortion;
33.  The number of male children aborted and female children
aborted, as determined by any method other than those reported in
paragraph 32 of this subsection;
34.  The number of instances in which the mother was informed
prior to the abortion that the child to be aborted was a female;
35.  The number of abortions performed without surgery but
rather as the result of the administration of chemicals;
36.  The number of abortions performed as reported in paragraph
35 of this subsection, in which the physician was present in the
same room as the woman to whom the chemicals were administered at
the time any such chemicals were first administered;
37.  The number of abortions performed for each hospital at
which the abortionist had hospital privileges at the time of the
abortion;
38.  The number of abortions performed at which ultrasound
equipment was used before the abortion;
39.  The number of abortions reported in paragraph 38 of this
subsection, during which the mother was under the effect of
anesthesia at the time of the ultrasound;
40.  The number of abortions performed at which ultrasound
equipment was used during the abortion;
41.  The number of abortions reported in paragraph 40 of this
subsection, during which the mother was under the effect of
anesthesia at the time of the ultrasound;
42.  The number of abortions performed at which ultrasound
equipment was used after the abortion;
43.  The number of abortions reported in paragraph 42 of this
subsection, during which the mother was under the effect of
anesthesia at the time of the ultrasound;
44.  The mean gestational age of the fetus at the time of the
abortion, as determined by ultrasounds reported;
45.  The number of abortions for which no determination of
probable postfertilization age was made as required by Section 1-
745.5 of this title; and
46.  The number of abortions in which the pregnant woman was
told that it may be possible to make the embryonic or fetal
heartbeat of the unborn child audible for the pregnant woman to

hear; the number of abortions in which the pregnant woman was asked
if she would like to hear the heartbeat; and the number of abortions
in which the embryonic or fetal heartbeat of the unborn child was
made audible for the pregnant woman to hear, using a Doppler fetal
heart rate monitor.
D.  Beginning in 2013, by June 1 of each year, the State
Department of Health shall post, on its stable Internet website, a
public Annual Judicial Bypass of Abortion Parental Consent Summary
Report providing statistics which shall be compiled and supplied to
the Department by the Administrative Office of the Courts giving the
total number of petitions or motions filed under Section 1-740.3 of
this title and of that number, the number in which:
1.  The court appointed a guardian ad litem;
2.  The court appointed counsel;
3.  The judge issued an order authorizing an abortion without
parental notification or consent, and of those:
a. the number authorized due to a determination by the
judge that the minor was mature and capable of giving
consent to the proposed abortion, and
b. the number authorized due to a determination by the
judge that an abortion was in the best interest of the
minor; and
4.  The judge denied such an order, and of this, the number of:
a. denials from which an appeal was filed,
b. the appeals that resulted in the denial being
affirmed, and
c. appeals that resulted in reversals of the denials.
E.  Each Annual Judicial Bypass of Abortion Parental Consent
Summary Report shall also provide the statistics for all previous
calendar years for which the public statistical report was required
to be issued, adjusted to reflect any additional information from
late or corrected reports.
F.  The Department's public reports shall not contain the name,
address, hometown, county of residence, or any other identifying
information of any individual female, and shall take care to ensure
that none of the information included in its public reports could
reasonably lead to the identification of any individual female about
whom information is reported in accordance with the Statistical
Abortion Reporting Act or of any physician providing information in
accordance with the Statistical Abortion Reporting Act.  Nor shall
the information described in the preceding sentence be subject to
the Oklahoma Open Records Act.
Added by Laws 2010, c. 276, § 5, eff. Nov. 1, 2010.  Amended by Laws
2013, c. 303, § 2, eff. Nov. 1, 2013; Laws 2015, c. 255, § 6, eff.
Nov. 1, 2015.

NOTE:  The conditional repeal of this section by Laws 2021, c. 308,
§ 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff.
April 29, 2022.

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