{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-738.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-738.2","heading":"Voluntary and informed consent - Compliance by","body":"physicians - Confirmation of receipt of medical risk information.\n\nA. No abortion shall be performed in this state except with the\n\nvoluntary and informed consent of the woman upon whom the abortion\n\nis to be performed.\n\nB. Except in the case of a medical emergency, consent to an\n\nabortion is voluntary and informed if and only if:\n\n1. a. not less than seventy-two (72) hours prior to the\n\nperformance of the abortion, the woman is told the\n\nfollowing, by telephone or in person, by the physician\n\nwho is to perform the abortion, or by a referring\n\nphysician, or by an agent of either physician:\n\n(1) the name of the physician who will perform the\n\nabortion,\n\n(2) the medical risks associated with the particular\n\nabortion procedure to be employed,\n\n(3) the probable gestational age of the unborn child\n\nat the time the abortion is to be performed,\n\n(4) the medical risks associated with carrying her\n\nchild to term, and\n\n(5) that ultrasound imaging and heart tone monitoring\n\nthat enable the pregnant woman to view her unborn\n\nchild or listen to the heartbeat of the unborn\n\nchild are available to the pregnant woman. The\n\nphysician or agent of the physician shall inform\n\nthe pregnant woman that the website and printed\n\nmaterials described in Section 1-738.3 of this\n\ntitle, contain phone numbers and addresses for\n\nfacilities that offer such services at no cost,\n\nb. the information required by this paragraph may be\n\nprovided by telephone without conducting a physical\n\nexamination or tests of the woman. If the information\n\nis supplied by telephone, the information shall be\n\nbased on facts supplied to the physician,\n\nc. the information required by this paragraph shall not\n\nbe provided by a tape recording, but shall be provided\n\nduring a consultation in which the physician is able\n\nto ask questions of the woman and the woman is able to\n\nask questions of the physician,\n\nd. if a physical examination, tests, or other new\n\ninformation subsequently indicates, in the medical\n\njudgment of the physician, the need for a revision of\n\nthe information previously supplied to the woman, that\n\nrevised information may be communicated to the woman\n\nat any time prior to the performance of the abortion,\n\nand\n\ne. nothing in subparagraph a of this paragraph may be\n\nconstrued to preclude provision of the required\n\ninformation in a language understood by the woman\n\nthrough a translator;\n\n2. Not less than seventy-two (72) hours prior to the abortion,\n\nthe woman is informed, by telephone or in person, by the physician\n\nwho is to perform the abortion, by a referring physician, or by an\n\nagent of either physician:\n\na. that medical assistance benefits may be available for\n\nprenatal care, childbirth, and neonatal care,\n\nb. that the father is liable to assist in the support of\n\nher child, even in instances in which the father has\n\noffered to pay for the abortion,\n\nc. that:\n\n(1) she has the option to review the printed\n\nmaterials described in Section 1-738.3 of this\n\ntitle,\n\n(2) those materials have been provided by the State\n\nBoard of Medical Licensure and Supervision, and\n\n(3) they describe the unborn child and list agencies\n\nthat offer alternatives to abortion, and\n\nd. (1) if the woman chooses to exercise her option to\n\nview the materials in a printed form, they shall\n\nbe mailed to her, by a method chosen by the\n\nwoman, or\ncribed in Section 1-738.3 of this\n\ntitle,\n\n(2) those materials have been provided by the State\n\nBoard of Medical Licensure and Supervision, and\n\n(3) they describe the unborn child and list agencies\n\nthat offer alternatives to abortion, and\n\nd. (1) if the woman chooses to exercise her option to\n\nview the materials in a printed form, they shall\n\nbe mailed to her, by a method chosen by the\n\nwoman, or\n\n(2) if the woman chooses to exercise her option to\n\nview the materials via the Internet, the woman\n\nshall be informed at least seventy-two (72) hours\n\nbefore the abortion of the specific address of\n\nthe Internet website where the material can be\n\naccessed.\n\nThe information required by this paragraph may be provided by a\n\ntape recording if provision is made to record or otherwise register\n\nspecifically whether the woman does or does not choose to review the\n\nprinted materials;\n\n3. The woman certifies in writing, prior to the abortion, that\n\nshe has been told the information described in subparagraph a of\n\nparagraph 1 of this subsection and in subparagraphs a, b and c of\n\nparagraph 2 of this subsection and that she has been informed of her\n\noption to review or reject the printed information described in\n\nSection 1-738.3 of this title; and\n\n4. Prior to the abortion, the physician who is to perform the\n\nabortion or the agent of the physician receives a copy of the\n\nwritten certification prescribed by paragraph 3 of this subsection.\n\nC. The State Board of Medical Licensure and Supervision and the\n\nState Board of Osteopathic Examiners shall promulgate rules to\n\nensure that physicians who perform abortions and referring\n\nphysicians or agents of either physician comply with all the\n\nrequirements of this section.\n\nD. Before the abortion procedure is performed, the physician\n\nshall confirm with the patient that she has received information\n\nregarding:\n\n1. The medical risks associated with the particular abortion\n\nprocedure to be employed;\n\n2. The probable gestational age of the unborn child at the time\n\nthe abortion is to be performed; and\n\n3. The medical risks associated with carrying the unborn child\n\nto term.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"479cd9cba6472bf22765cb943abd24aecf34a31d87d734a1e6f94cbbf5b96f9a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-738.1a","next":"us-ok/okla.-stat.-tit.-63-63-1-738.3"},"notice":"GroundRules: Original legal text. Not legal advice."}