Oklahoma Protection of Human Life Act of 2014 (SB 1848)
This law was last updated on Dec 13, 2016
SB 1848 contains multiple abortion restrictions including (1) a ban on human embryo research; (2) TRAP law, including an admitting privileges requirement; and (3) physician reporting requirements.
Human Embryo Research Ban
The bill prohibits the following: (1) conducting nontherapeutic research that destroys a human embryo or subjects a human embryo to substantial risk of injury or death; (2) transferring a human embryo with the knowledge that the embryo will be subjected to nontherapeutic research; or (3) using for research purposes cells or tissues that the person knows were obtained by performing activities in violation of this section.
A violation of this section is a felony and a conviction may result in incarceration for at least one year and no more than life, as well as a $100,000 fine.
Admitting Privileges: It requires an abortion facility to have on the premises during an abortion procedure a physician that has admitting privileges at an accredited hospital within 30 miles of the facility.
State-Mandated Facility and Equipment Standards: The bill requires the State Board of Health to establish abortion facility supplies and equipment standards as specified in the law.
State-Mandated Procedure Standards: The bill requires the State Board to adopt physician assistant training standards and volunteer standards for those working in an abortion facility, as well as medical screening and evaluation standards for abortion patients and abortion procedure and post-procedure standards as specified in the law.
Physician Reporting Requirement
The bill requires an abortion facility to notify the State Board if an abortion patient or born- alive child is injured in a facility. The facility is required to provide written notification of the incident within 10 days of the incident. In the event of an abortion patient’s death, the facility is required notify of the State Board no later than the next business day.
The operation of an unlicensed facility is considered a felony, and any reckless violation of the measure or its standards is considered a felony. Any violation of the measure might result in a civil penalty or a fine not to exceed $25,000.
In November 2014, the Oklahoma Supreme Court temporarily blocked this law pending litigation. (See Burns v. Cline.)
The Oklahoma Supreme Court threw out the law on December 13, 2016, ruling the requirements violated both the U.S. and Oklahoma Constitutions.