{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-738n","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-738n","heading":"Notification of physicians - Late fee - Promulgation of","body":"rules – Claims brought by taxpayers.\n\nA. The State Board of Medical Licensure and Supervision and the\n\nState Board of Osteopathic Examiners shall notify, by March 1, 2012,\n\nall physicians licensed to practice in this state over whom they\n\nhave licensure authority of the requirements of the Statistical\n\nAbortion Reporting Act and of the addresses of the pages on the\n\nState Department of Health's secure Internet website providing\n\naccess to the forms it requires and instructions for their\n\nelectronic submission. The respective Board shall also notify each\n\nphysician who subsequently becomes newly licensed to practice in\n\nthis state, at the same time as an official notification to that\n\nphysician, that the physician is so licensed.\n\nB. Individual Abortion Forms or Complications of Induced\n\nAbortion Reports that are not submitted by the end of a grace period\n\nof thirty (30) days following the due date shall be subject to a\n\nlate fee of Five Hundred Dollars ($500.00) for each additional\n\nthirty-day period the forms or reports are overdue. Any monies\n\ncollected under this subsection shall be deposited into an account\n\ncreated within the Department, which shall be used for the\n\nadministration of the Statistical Abortion Reporting Act. Any\n\nphysician required to report in accordance with the Statistical\n\nAbortion Reporting Act who has not completed and electronically\n\nsubmitted a form or report, or has submitted only an incomplete form\n\nor report, more than one (1) year following the due date shall be\n\nprecluded from renewing his or her license until such fines are paid\n\nin full and outstanding forms or reports are submitted, and may, in\n\nan action brought by the State Department of Health, be directed by\n\na court of competent jurisdiction to electronically submit completed\n\nforms or reports within a period stated by court order or be subject\n\nto sanctions for civil contempt.\n\nC. Anyone who knowingly or recklessly fails to submit an\n\nIndividual Abortion Form or Complications of Induced Abortion\n\nReport, or submits false information under the Statistical Abortion\n\nReporting Act, shall be guilty of a misdemeanor.\n\nD. The Department, the State Board of Medical Licensure and\n\nSupervision and the State Board of Osteopathic Examiners shall\n\nensure compliance with the Statistical Abortion Reporting Act and\n\nshall verify the data provided by periodic inspections of places\n\nwhere the Department, the State Board of Medical Licensure and\n\nSupervision or the State Board of Osteopathic Examiners know or have\n\nreason to believe abortions are performed.\n\nE. The Department may promulgate rules in accordance with the\n\nAdministrative Procedures Act to alter the dates established by the\n\nStatistical Abortion Reporting Act to achieve administrative\n\nconvenience, fiscal savings, or to reduce the burden of reporting\n\nrequirements, so long as the forms and reports are made available,\n\non its stable Internet website, to all licensed physicians in this\n\nstate, and the public reports described in Section 1-738m of this\n\ntitle are issued at least once every year.\n\nF. If the Department fails to issue the public reports\n\ndescribed in Section 1-738m of this title, an action pursuant to\n\nChapter 26 of Title 12 of the Oklahoma Statutes may be initiated.\n\nIf judgment is rendered in favor of the plaintiff in any action\n\ndescribed in this subsection, the court shall also render judgment\n\nfor a reasonable attorney fee in favor of the plaintiff against the\n\ndefendant. If judgment is rendered in favor of the defendant and\n\nthe court finds that the plaintiff's suit was frivolous and brought\n\nin bad faith, the court shall also render judgment for a reasonable\n\nattorney fee in favor of the defendant against the plaintiff.\n\nG. If an abortion provider fails to submit any report required\n\npursuant to Section 1-738k of this title, upon the refusal, failure\ndefendant. If judgment is rendered in favor of the defendant and\n\nthe court finds that the plaintiff's suit was frivolous and brought\n\nin bad faith, the court shall also render judgment for a reasonable\n\nattorney fee in favor of the defendant against the plaintiff.\n\nG. If an abortion provider fails to submit any report required\n\npursuant to Section 1-738k of this title, upon the refusal, failure\n\nor neglect of the State Commissioner of Health, within twenty (20)\n\ndays after written demand signed, verified and served upon the State\n\nDepartment of Health by at least ten registered voters of the state,\n\nto institute or diligently prosecute proper proceedings at law or in\n\nequity to compel an abortion provider to submit any report required\n\npursuant to Section 1-738k of this title but not yet submitted to\n\nthe State Department of Health, any resident taxpayer of the state\n\nafter serving the notice aforesaid may in the name of the State of\n\nOklahoma as plaintiff, institute and maintain any proper action\n\nwhich the State Department of Health might institute and maintain to\n\ncompel the abortion provider to file such report. If a court of\n\ncompetent jurisdiction determines the claims to be meritorious, the\n\nabortionist shall be compelled to file the report and to pay the\n\nfee(s) prescribed in subsection B of this section, with costs and\n\nreasonable attorney fees. If all claims stated by the resident\n\ntaxpayers in the written demand are determined in a court of\n\ncompetent jurisdiction to be frivolous and brought in bad faith, the\n\nresident taxpayers who signed such demand and who are parties to the\n\nlawsuit in which such claims are determined to be frivolous and\n\nbrought in bad faith shall be jointly and severally liable for all\n\nreasonable attorney fees and court costs incurred by the\n\nabortionist.","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":"6e4ccd4e4b8b59f6f6ab693f090150c2c2eca13e700b2739e5cb0e01bfa0bbe6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-738m","next":"us-ok/okla.-stat.-tit.-63-63-1-738o"},"notice":"GroundRules: Original legal text. Not legal advice."}