Oklahoma Bill Regarding Medication Abortion Restrictions (HB 2684)
Last updated: May 2, 2014
HB 2684 amends Oklahoma’s medication abortion restriction law, Okla. Stat. Tit. 63, § 1 729a.
The bill amends several definitions including abortion inducing drug, abortion, drug label, Mifeprex regimen, mifepristone, misoprostol, and it deletes the term and definition for federal law.
The bill prohibits dispensing abortion-inducing drugs (mifepristone-misoprostol regimen) by anyone other than a physician; requires that the woman and physician both be present at a licensed abortion facility when the drugs are administered; and requires that the administration of the drugs follow FDA protocols as outlined on the final printed label of the abortion-inducing drug.
The bill states that a physician who provides an abortion-inducing drug is required to: (1) have the ability to assess the duration of a pregnancy; (2) have the ability to diagnose ectopic pregnancies; (3) be able to provide or has plans in place to provide surgical care; and (4) have access to medical facilities equipped to provide blood transfusions and resuscitation. The physician is also required to provide the FDA-approved medication guide and final printed labeling for Mifeprex.
The bill also requires the physician to schedule a follow-up visit 12 to 18 days after the administration or use of the drug. The physician is required to make a reasonable effort to ensure that the woman returns for the follow-up visit and to document such efforts by including in the woman’s medical record the date, time, and name of the person making the effort.
The law also bans all medication abortions after 49 days of pregnancy, forcing patients to undergo a surgical procedure when they otherwise would have the option of a safe abortion using medications alone.
The bill provides for disciplinary action or assessment of an administrative penalty against a person who violates the law. Prohibits assessment of a penalty against a pregnant woman who receives a medication abortion.
HB 2684 is essentially the follow-up to HB 1970, the 2011 medication abortion ban which the Oklahoma Supreme Court found unconstitutional. The bill is meant to “[address] the concerns of the Oklahoma Supreme Court” by removing the language that created an effective ban on medication abortion in the state, according to the bill’s sponsor, Rep. Grau. (Source.)
This law was permanently blocked by a state court judge in Oklahoma Coalition for Reproductive Justice v. Cline.