Oklahoma Prenatal Nondiscrimination Act of 2017 (HB 1549)
This law was last updated on Sep 11, 2018
HB 1549 would prohibit a person from intentionally performing or attempting to perform an abortion with knowledge that the pregnant patient 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 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.
Based on model legislation drafted by Americans United for Life.
Similar to HB 3128, which failed to pass in 2016.
Passed the house on March 21, 2017, by a 67-16 vote.
- Americans United for Life — Drafted Model Law