{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-748","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-748","heading":"Abortion facility standards - Admitting privileges","body":"requirement - Violations - Penalties.\n\nA. The State Board of Health shall establish abortion facility\n\nsupplies and equipment standards, including equipment required to be\n\nimmediately available for use in an emergency. Such standards\n\nshall, at a minimum:\n\n1. Specify required equipment and supplies, including\n\nmedications, required for the performance of abortion procedures and\n\nfor monitoring the progress of each patient throughout the abortion\n\nprocedure and post-procedure recovery period;\n\n2. Require that the number or amount of equipment and supplies\n\nat the facility is adequate at all times to assure sufficient\n\nquantities of clean and sterilized durable equipment and supplies to\n\nmeet the needs of each patient;\n\n3. Specify the mandated equipment and supplies for required\n\nlaboratory tests and the requirements for protocols to calibrate and\n\nmaintain laboratory equipment at the abortion facility or operated\n\nby facility staff;\n\n4. Require ultrasound equipment in all abortion facilities; and\n\n5. Require that all equipment is safe for the patient and\n\nfacility staff, meets applicable federal standards, and is checked\n\nannually to ensure safety and appropriate calibration.\n\nB. On any day when any abortion is performed in a facility\n\nproviding abortions, a physician with admitting privileges at a\n\ngeneral medical surgical hospital which offers obstetrical or\n\ngynecological care in this state within thirty (30) miles of where\n\nthe abortion is being performed must remain on the premises of the\n\nfacility to facilitate the transfer of emergency cases if\n\nhospitalization of an abortion patient or a child born alive is\n\nnecessary and until all abortion patients are stable and ready to\n\nleave the recovery room.\n\nC. The State Board of Health shall adopt standards relating to\n\nthe training physician assistants licensed pursuant to the\n\nprovisions of Section 519.1 of Title 59 of the Oklahoma Statutes and\n\nemployed by or providing services in a facility providing abortions\n\nshall receive in counseling, patient advocacy, and the specific\n\nmedical and other services.\n\nD. The State Board of Health shall adopt standards related to\n\nthe training that volunteers at facilities providing abortions shall\n\nreceive in the specific services that the volunteers provide,\n\nincluding counseling and patient advocacy.\n\nE. The State Board of Health shall adopt standards related to\n\nthe medical screening and evaluation of each abortion patient. At\n\nminimum these standards shall require:\n\n1. A medical history, including the following:\n\na. reported allergies to medications, antiseptic\n\nsolutions, and latex,\n\nb. obstetric and gynecological history,\n\nc. past surgeries, and\n\nd. medication the patient is currently taking;\n\n2. A physical examination, including a bimanual examination\n\nestimating uterine size and palpation of the adnexa; and\n\n3. The appropriate preprocedure testing, including:\n\na. urine or blood tests for pregnancy, if ordered by a\n\nphysician,\n\nb. a test for anemia,\n\nc. Rh typing, unless reliable written documentation of\n\nblood type is available, and\n\nd. an ultrasound evaluation for all patients who elect to\n\nhave an abortion. The physician performing the\n\nabortion is responsible for estimating the gestational\n\nage of the unborn child based on the ultrasound\n\nexamination and established standards of obstetrical\n\ncare and shall write the estimate in the patient's\n\nmedical record. An original print of each ultrasound\n\nexamination of the patient shall be kept in the\n\npatient's medical record.\n\nF. The State Board of Health shall adopt standards related to\n\nthe performance of the abortion procedure and post-procedure follow-\n\nup care. At minimum these standards shall require:\n\n1. That medical personnel are available to all abortion\n\npatients throughout the procedure;\ne patient shall be kept in the\n\npatient's medical record.\n\nF. The State Board of Health shall adopt standards related to\n\nthe performance of the abortion procedure and post-procedure follow-\n\nup care. At minimum these standards shall require:\n\n1. That medical personnel are available to all abortion\n\npatients throughout the procedure;\n\n2. The appropriate use of local anesthesia, analgesia, and\n\nsedation if ordered by the physician performing the procedure;\n\n3. The use of appropriate precautions, such as the\n\nestablishment of intravenous access;\n\n4. That the physician performing the abortion procedure\n\nmonitors the patient's vital signs and other defined signs and\n\nmarkers of the patient's status throughout the procedure and during\n\nthe recovery period until the patient's condition is deemed to be\n\nstable in the recovery room;\n\n5. Immediate post-procedure care and observation in a\n\nsupervised recovery room for as long as the patient's condition\n\nwarrants;\n\n6. That the facility in which the abortion procedure is\n\nperformed arranges for a patient's hospitalization if any\n\ncomplication beyond the management capability of the abortion\n\nfacility's medical staff occurs or is suspected;\n\n7. That a licensed health-care professional trained in the\n\nmanagement of the recovery room and capable of providing\n\ncardiopulmonary resuscitation actively monitors patients in the\n\nrecovery room;\n\n8. That there is a specified minimum time that a patient\n\nremains in the recovery room by type of abortion procedure and\n\nduration of gestation;\n\n9. That a physician discusses RhO(D) immune globulin with each\n\npatient for whom it is indicated and assures it is offered to the\n\npatient in the immediate post-operative period or that it will be\n\navailable to her within seventy-two (72) hours after completion of\n\nthe abortion procedure. If the patient refuses, a refusal form\n\napproved by the State Board of Health shall be signed by the patient\n\nand a witness and included in the medical record;\n\n10. Written instructions with regard to post-abortion coitus,\n\nsigns of possible complications, and general aftercare are given to\n\neach patient. Each patient shall have specific instructions\n\nregarding access to medical care for complications, including a\n\ntelephone number to call for medical emergencies;\n\n11. That the physician ensures that a licensed health-care\n\nprofessional from the abortion facility makes a good faith effort to\n\ncontact the patient by phone, with the patient's consent, within\n\ntwenty-four (24) hours after procedure to assess the patient's\n\nrecovery;\n\n12. Equipment and services are located in the recovery room to\n\nprovide appropriate emergency and resuscitative life-support\n\nprocedures pending the transfer of the patient or a child born alive\n\nin the facility;\n\n13. That a post-abortion medical visit shall be offered to each\n\nabortion patient and, if requested, scheduled for two (2) to three\nent and services are located in the recovery room to\n\nprovide appropriate emergency and resuscitative life-support\n\nprocedures pending the transfer of the patient or a child born alive\n\nin the facility;\n\n13. That a post-abortion medical visit shall be offered to each\n\nabortion patient and, if requested, scheduled for two (2) to three\n\n(3) weeks after the abortion procedure and shall include a medical\n\nexamination and a review of the results of all laboratory tests; and\n\n14. That a urine or blood test shall be obtained at the time of\n\nthe follow-up visit to rule out continued pregnancy. If a\n\ncontinuing pregnancy is suspected, the patient shall be\n\nappropriately evaluated; and a physician who performs abortions\n\nshall be consulted.\n\nG. Facilities performing abortions shall record each incident\n\nresulting in a patient's or a born-alive child's injury occurring at\n\nthe facility and shall report incidents in writing to the State\n\nBoard of Health within ten (10) days of the incident. For the\n\npurposes of this subsection, \"injury\" shall mean an injury that\n\noccurs at the facility and creates a serious risk of substantial\n\nimpairment of a major body organ or function.\n\nH. If a patient's death occurs, other than the death of an\n\nunborn child properly reported pursuant to law, the facility\n\nperforming abortions shall report the death to the State Board of\n\nHealth no later than the next business day.\n\nI. Incident reports shall be filed with the State Board of\n\nHealth and all appropriate professional licensing and regulatory\n\nboards, including, but not limited to, the State Board of Medical\n\nLicensure and Supervision and the Oklahoma Board of Nursing.\n\nJ. Whoever operates a facility performing abortions without a\n\nvalid license shall be guilty of a felony. Any person who\n\nintentionally, knowingly, or recklessly violates the provisions of\n\nthis act or any standards adopted by the State Board of Health in\n\naccordance with this act shall be guilty of a felony.\n\nK. Any violation of this act or any standards adopted under\n\nthis act may be subject to a civil penalty or fine up to Twenty-five\n\nThousand Dollars ($25,000.00) imposed by the State Board of Health.\n\nEach day of violation constitutes a separate violation for purposes\n\nof assessing civil penalties or fines. In deciding whether and to\n\nwhat extent to impose civil penalties or fines, the State Board of\n\nHealth shall consider the following factors:\n\n1. Gravity of the violation, including the probability that\n\ndeath or serious physical harm to a patient or individual will\n\nresult or has resulted;\n\n2. Size of the population at risk as a consequence of the\n\nviolation;\n\n3. Severity and scope of the actual or potential harm;\n\n4. Extent to which the provisions of the applicable statutes or\n\nregulations were violated;\n\n5. Any indications of good faith exercised by facility;\n\n6. The duration, frequency, and relevance of any previous\n\nviolations committed by the facility; and\n\n7. Financial benefit to the facility of committing or\n\ncontinuing the violation.\n\nL. In addition to any other penalty provided by law, whenever\n\nin the judgment of the State Commissioner of Health any person has\n\nengaged, or is about to engage, in any acts or practices which\n\nconstitute, or will constitute, a violation of this act, or any\n\nstandard adopted in accordance with this act, the Commissioner shall\n\nmake application to any court of competent jurisdiction for an order\n\nenjoining such acts and practices. Upon a showing by the\n\nCommissioner that such person has engaged, or is about to engage, in\n\nany such acts or practices, an injunction, restraining order, or\n\nsuch other order as may be appropriate shall be granted by such\n\ncourt without bond.","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":"db3ec92cec815e6698799c32dfa846d5b89072a5e0fd8af17b1eb50a0f04afc7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-747.5","next":"us-ok/okla.-stat.-tit.-63-63-1-749"},"notice":"GroundRules: Original legal text. Not legal advice."}