ENROLLED HOUSE
BILL NO. 3284	By:	Peterson, Reynolds, Sullivan, Kern, Cooksey, Ritze, Faught, Ortega, Thompson and Tibbs of the House

				      and

		Jolley, Schulz, Justice, Coffee, Brogdon, Newberry, Sykes, Halligan, Myers, Brown, Aldridge, Reynolds, Barrington, Ford, Johnson (Mike), Garrison, Russell, Stanislawski, Coates, Lamb, Bingman, Crain, Nichols and Marlatt of the Senate

An Act relating to public health and safety; creating the Statistical Abortion Reporting Act; providing short title; defining terms; providing for the State Department of Health to make and publish an Individual Abortion Form and a Complications of Induced Abortion Report on its website; providing for the compilation and publication of certain information; prohibiting the posting of certain forms and reports; directing the State Department of Health to publish certain statutes and regulations on its website; providing for effective date of certain provisions; directing the Department to post certain form with instructions on its website; providing for electronic submission; specifying time in which reports are due; providing for certain notice; specifying content of certain form; requiring certain public reports; specifying time in which public reports shall be filed; requiring the completion and submission of certain report; requiring notification of all newly licensed physicians of reporting requirements; stating penalties for late submission, no submission and incomplete submission of forms or reports; requiring periodic inspections of certain facilities; authorizing the promulgation of rules; authorizing certain action for failure to issue public reports; providing for certain intervention in litigation; providing for certain laws to be of nonbinding force in certain circumstance; directing the Attorney General to issue opinion in certain circumstances; repealing Sections 3, 4, 5, 6, 7, 8, 9 and 10, Chapter 227, O.S.L. 2009 (63 O.S. Supp. 2009, Sections 1-738a, 1-738b, 1-738c, 1-738d, 1-738e, 1-738f, 1-738g and 1-738h), which relate to the Statistical Reporting of Abortion Act; providing for severability; providing for codification; providing for noncodification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-738i of Title 63, unless there is created a duplication in numbering, reads as follows:

This act shall be known and may be cited as the “Statistical Abortion Reporting Act”.

SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-738j of Title 63, unless there is created a duplication in numbering, reads as follows:

A.  As used in the Statistical Abortion Reporting Act:

1.  “Abortion” means the term as defined in Section 1-730 of Title 63 of the Oklahoma Statutes; 

2.  “Complication” means any adverse physical or psychological condition arising from the performance of an abortion, which includes but is not limited to: uterine perforation, cervical perforation, infection, bleeding, hemorrhage, blood clots, failure to actually terminate the pregnancy, incomplete abortion (retained tissue), pelvic inflammatory disease, endometritis, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, metabolic disorder, shock, embolism, coma, placenta previa, preterm delivery in subsequent pregnancies, free fluid in abdomen, adverse reaction to anesthesia and other drugs, and mental and psychological complications such as depression, anxiety, sleeping disorders, psychiatric hospitalization, and emotional problems; and

3.  “Stable Internet website” means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the State Department of Health.

B.  By March 1, 2012, the State Department of Health shall make available, on its stable Internet website, an Individual Abortion Form as required by Section 3 of this act, and a form for a Complications of Induced Abortion Report as required by Section 4 of this act.

C.  As required by Section 5 of this act, information from a completed Individual Abortion Form or a completed Complications of Induced Abortion Report shall be combined with information from all other such completed forms and reports submitted for the year. An Annual Abortion Report providing statistics for the previous calendar year compiled from all of that year’s completed forms and reports submitted in accordance with the Statistical Abortion Reporting Act shall be published annually by the Department on its stable Internet website.

D.  No Individual Abortion Forms or Complications of Induced Abortion Reports that have been completed and submitted to the Department by any physician pursuant to subsection B of Section 3 of this act or subsection C of Section 4 of this act shall be posted online.

E.  By March 1, 2012, the State Department of Health shall, on its stable Internet website, provide the language of all Oklahoma Statutes and regulations directly relating to abortion, and shall promptly update its website to reflect subsequent statutory and regulatory changes.  The Department shall also, by March 1, 2012, provide, on its stable Internet website, the means by which physicians may electronically submit the reports required by the Statistical Abortion Reporting Act.  The Department shall include instructions on its stable Internet website regarding electronic submission.  The Department shall take all necessary precautions to ensure the security of the electronically submitted reports so that the submitted data is able to be accessed only by specially authorized departmental personnel during and following the process of transmission.

SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-738k of Title 63, unless there is created a duplication in numbering, reads as follows:

A.  Subsections B and C of this section shall become operative on the later of:

1.  April 1, 2012; or

2.  Thirty (30) calendar days following the date on which the State Department of Health posts on its website the Individual Abortion Form and instructions concerning its electronic submission referenced in this section.

B.  The Department shall post the Individual Abortion Form and instructions concerning its electronic submission on its stable Internet website.  Nothing in the Individual Abortion Form shall contain the name, address, hometown, county of residence, or any other information specifically identifying any patient.  The Department’s Individual Abortion Form shall be substantially similar to, but need not be in the specific format, provided in subsection F of this section.

C.  Any physician performing abortions shall fully complete and submit, electronically, an Individual Abortion Form to the State Department of Health by the last business day of the calendar month following the month in which the physician performs an abortion, for each abortion the physician performs.

D.  In cases in which a physician or the agent of a physician:

1.  Mails the printed materials described in Section 1-738.3 of Title 63 of the Oklahoma Statutes to a female specifically to comply with division (1) of subparagraph d of paragraph 2 of subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes; 

2.  Gives or mails the printed materials described in Section 1-738.10 of Title 63 of the Oklahoma Statutes to a female specifically to comply with subsection A of Section 1-738.8 of Title 63 of the Oklahoma Statutes; or 

3.  Provides notice to a parent in compliance with Section 1-740.2 of Title 63 of the Oklahoma Statutes,

but does not subsequently perform an abortion on the female or minor, the physician shall electronically submit a completed Individual Abortion Form to the State Department of Health, and shall mark as “not applicable” those items of information that may accurately be provided only when an abortion is performed.  The physician shall not submit such a form if the physician knows that an abortion was subsequently performed on the female or minor by another physician.  Individual Abortion Forms required by this subsection shall be submitted by the last business day of the second calendar month following the calendar month in which the physician mails the printed materials or provides notice to a parent.

E.  The Individual Abortion Form shall contain a notice containing an assurance that, in accordance with subsection F of Section 5 of this act, public reports based on the form submitted will not contain the name, address, hometown, county of residence, or any other identifying information of any individual female, that the State Department of Health will take care to ensure that none of the information included in its public reports could reasonably lead to the identification of any individual female about whom information is reported in accordance with the Statistical Abortion Reporting Act or of any physician providing information in accordance with the Statistical Abortion Reporting Act, and that such information is not subject to the Oklahoma Open Records Act.

F.  Individual Abortion Form.  The Department’s Individual Abortion Form shall be substantially similar to, but need not be in the specific format of, the following form:

Individual Abortion Form

(TO BE COMPLETED FOR EACH ABORTION PERFORMED)

1.  Date of abortion: _________________

2.  County in which the abortion was performed: ________________

3.  Age of mother: _________________

4.  Marital status of mother: ________________
(specify married, divorced, separated, widowed, or never married)

5.  Race of mother: ________________

6.  Years of education of mother: ________________
(specify highest year completed)

7.  State or foreign country of residence of mother: ______________

8.  Total number of previous pregnancies of the mother: ___________

Live Births: _________________

Miscarriages: _________________

Induced Abortions: __________________

9.  Approximate gestational age in weeks, as measured from the last menstrual period of the mother, of the unborn child subject to abortion: _______________________________

10.  Method of abortion used:

Suction Aspiration: ___________

Dilation and Curettage: ___________

RU 486: ___________

Methotrexate: ___________

Other drug/chemical/medicine (specify): _________________

Dilation and Evacuation: ___________

Saline: ___________

Urea: ___________

Prostaglandins: ___________

Partial Birth Abortion: __________

Hysterotomy: ___________

Other (specify): ___________

11.  Was there an infant born alive as a result of the abortion? __________

If yes:

Were life-sustaining measures undertaken? ___________

How long did the infant survive? ___________

12.  Was anesthesia administered to mother? ____________

If yes, what type? ____________________________

13.  Was anesthesia administered to the fetus? ___________

If yes:

What type? _______________________

How was it administered? _______________________

14.  Method of fetal tissue disposal: _______________________

15.  Unless a medical emergency, as defined in Section 1-738.1 of Title 63 of the Oklahoma Statutes, exists, the abortion provider or agent shall ask the pregnant female to provide, orally or in writing, the reason(s) she is seeking the abortion.  If such a medical emergency exists, the abortion provider or agent shall specify on the form the condition which necessitated the immediate abortion: ___________________

REASON GIVEN FOR ABORTION (check all applicable):

Having a baby:

Would dramatically change the life of the mother: _________

Would interfere with the education of the mother: _________

Would interfere with the job/employment/career of the mother: ______

Mother has other children or dependents: ________

Mother cannot afford the child: ______

Mother is unmarried: ________

Mother is a student or planning to be a student: ________

Mother cannot afford child care: _______

Mother cannot afford the basic needs of life: ________

Mother is unemployed: _________

Mother cannot leave job to care for a baby: _________

Mother would have to find a new place to live: _________

Mother does not have enough support from a husband or partner: _____

Husband or partner is unemployed: _______

Mother is currently or temporarily on welfare or public assistance: _________

Mother does not want to be a single mother: _______

Mother is having relationship problems: ________

Mother is not certain of relationship with the father of the child: ________

Partner and mother are unable to or do not want to get married: _______

Mother is not currently in a relationship: _______

The relationship or marriage of the mother may soon break up: _______

Husband or partner is abusive to the mother or her children: _______

Mother has completed her childbearing: ________

Mother is not ready for a, or another, child: _______

Mother does not want people to know that she had sex or became pregnant: ________

Mother does not feel mature enough to raise a, or another, child: _______

Husband or partner wants mother to have an abortion: ______

There may be possible problem affecting the health of the fetus: ________

Physical health of the mother is at risk: ________

Parents want mother to have an abortion: _________

Emotional health of the mother is at risk: ________

Mother suffered from a medical emergency as defined in Section 1-738.1 of Title 63 of the Oklahoma Statutes: ______

Mother wanted a child of a different sex: ______

Abortion is necessary to avert the death of the mother: ______

Pregnancy was a result of forcible rape: ______

Pregnancy was a result of incest: ______

Other (specify): ______

Patient was asked why she is seeking an abortion, but she declined to give a reason: _______

16.  Method of payment (check one):

Private insurance: _______

Public health plan: _______

Medicaid: _______

Private pay: _______

Other (specify): _____________________________

17.  Type of private medical health insurance coverage, if any 	(check one):

Fee-for-service insurance company: ______

Managed care company: ______

Other (specify): _____________________________

18.  Sum of fee(s) collected: ___________

19.  Time of fee collection (check one):

	Full fee for abortion collected prior to or at the time the patient was provided the information required under subsection A of Section 1-738.2 of Title 63 of the Oklahoma Statutes: _________

	Partial fee for abortion collected prior to or at the time the patient was provided the information required under subsection A of Section 1-738.2 of Title 63 of the Oklahoma Statutes: _________

	Full fee for abortion collected at time the abortion was performed: ________

	Other (specify): ________

20.  Specialty area of medicine of the physician: _________________
______________________________________________________________

21.  Was ultrasound equipment used before, during, or after the performance of this abortion?

Before? _____		Vaginal, abdominal, or both? _____

During? _____		Vaginal, abdominal, or both? _____

After? _____		Vaginal, abdominal, or both? _____

22.  If ultrasound equipment was used, was the ultrasound performed by:

The physician performing the abortion: _____

A physician other than the physician performing the abortion: _____

Other (specify): ___________________________

23.  Was the information required by paragraph 1 of subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes provided to the mother? ___________

a.	If yes, was it provided:

In person: ___________

By telephone: ___________

b.	Was it provided by:

A referring physician: __________

The physician performing the abortion: _________

An agent of a referring physician: ___________

An agent of the physician performing the abortion: ________

24.  Was the information required by paragraph 2 of subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes provided to the mother? _________

a.	If yes, was it provided:

In person: _______

By telephone: _______

b.	Was it provided by:

A referring physician: _______

An agent of a referring physician: _______

The physician performing the abortion: ________

An agent of the physician performing the abortion: _______

25.  Did the mother avail herself of the opportunity to have the printed materials described in Section 1-738.3 of Title 63 of the Oklahoma Statutes mailed to her? ______________

26.  Were the informed consent requirements of subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes dispensed with because of a medical emergency necessitating an immediate abortion:

To avert death: ______

To avert substantial and irreversible impairment of a major bodily function arising from continued pregnancy: _____

27.  Was the probable gestational age of the unborn child twenty (20) weeks or more? _____

a.	If yes, was the mother provided the information described in subsection A of Section 1-738.8 of Title 63 of the Oklahoma Statutes? _____

(1)	If yes, was the information provided:

In person: ______

By telephone: ______

(2)	If yes, was the information provided by:

A referring physician: _____

An agent of a referring physician: _____

The physician performing the abortion: _____

An agent of the physician performing the abortion: _____

b.	Did the mother choose to be given or mailed the materials described in Section 1-738.10 of Title 63 of the Oklahoma Statutes? ___________

c.	To the best of the information and belief of the reporting physician, did the mother go on to obtain the abortion? ________

28.  Was the abortion performed within the scope of employment of an Oklahoma state employee or an employee of an agency or political subdivision of the state? ________

29.  Was the abortion performed with the use of any public institution, public facility, public equipment, or other physical asset owned, leased, or controlled by this state, its agencies, or political subdivisions? _________

30.  If the answer to question 28 or 29 is yes:

a.	Was the abortion necessary to save the life of the mother? _______

If yes, what was the life-endangering condition? __________

b.	Did the pregnancy result from an act of forcible rape? _______

If yes, list the law enforcement authority to which the rape was reported: ___________________

List the date of the report: ___________

c.	Did the pregnancy result from an act of incest committed against a minor? _________

If yes, list the law enforcement authority to which the perpetrator was reported: ________________

List the date of the report: ___________

THIS PORTION TO BE COMPLETED IN CASE OF MINOR

31.  Minor’s age at the time the abortion was performed: ___________

32.  Was a parent of the minor provided notice prior to the abortion as described in Section 1-740.2 of Title 63 of the Oklahoma Statutes? ________

a.	If yes, how was the notice provided?

In person: _______

By mail: _______

b.	If yes, to the best of the reporting physician’s knowledge and belief, did the minor go on to obtain the abortion? ________

33.  Was informed written consent of one parent obtained as described in Section 1-740.2 of Title 63 of the Oklahoma Statutes? ______

If yes, how was it secured?

In person: ___________

Other (specify): _________

34.  If no notice was provided nor consent obtained, indicate which of the following apply:

Minor was emancipated: ___________

Abortion was necessary to prevent the death of the minor: _____

Medical emergency, as defined in Section 1-738.1 of Title 63 of the Oklahoma Statutes, existed: ___________

Minor received judicial authorization to obtain abortion without parental notice or consent: ___________

35.  If no notice was provided nor consent obtained because a medical emergency existed, indicate:

Whether parent was subsequently notified (state period of time elapsed before notice was given): ____________

Whether judicial waiver of notice requirement was obtained: ________

36.  If the minor received judicial authorization to obtain an abortion without parental notice or consent, indicate which of the following applies:

Judge ruled that minor was mature enough to give informed consent on her own: ___________

Judge ruled that abortion was in the best interest of the minor: ___________

37.  If the female was a minor at the time of conception, indicate the age of the father of the unborn child at the time of conception: ________

38.  If at the time of conception the ages of the mother and father were such that a violation of Section 1111, 1112, 1114 or 1123 of Title 21 or Section 7115 of Title 10 of the Oklahoma Statutes occurred, was the rape or abuse reported to the proper authorities? ________

Filed this ____ day of __________, _____, by:

______________________________
(Name of physician)

_____________________________
(Physician’s license number)

NOTICE:  In accordance with subsection F of Section 5 of this act, public reports based on this form will not contain the name, address, hometown, county of residence, or any other identifying information of any individual female.  The State Department of Health shall take care to ensure that none of the information included in its public reports could reasonably lead to the identification of any individual female about whom information is reported or of any physician providing information in accordance with the Statistical Abortion Reporting Act.  Such information is not subject to the Oklahoma Open Records Act.

Be advised that any complication(s) shall be detailed in a “Complications of Induced Abortion Report” and submitted to the Department as soon as is practicable after the encounter with the induced-abortion-related illness or injury, but in no case more than sixty (60) days after such an encounter.

SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-738l of Title 63, unless there is created a duplication in numbering, reads as follows:

A.  Complications of Induced Abortion Report.  By March 1, 2012, the State Department of Health shall prepare and make available, on its stable Internet website, a Complications of Induced Abortion Report for all physicians licensed and practicing in the State of Oklahoma.  

B.  Subsection C of this section shall become operative on the later of:

1.  April 1, 2012; or 

2.  Thirty (30) calendar days following the date on which the State Department of Health posts on its stable Internet website the Individual Abortion Form and instructions concerning its electronic submission referenced in Section 3 of this act.

C.  Any physician practicing in Oklahoma who encounters an illness or injury that a reasonably knowledgeable physician would judge is related to an induced abortion shall complete and submit, electronically or by regular mail, a Complications of Induced Abortion Report to the Department as soon as is practicable after the encounter with the induced-abortion-related illness or injury, but in no case more than sixty (60) days after such an encounter.  Nothing in the Complications of Induced Abortion Report shall contain the name, address, hometown, county of residence, or any other information specifically identifying any patient.  Knowing or reckless unreasonable delay or failure to submit a Complications of Induced Abortion Report shall be sanctioned according to the provisions of the Statistical Abortion Reporting Act.

D.  The Complications of Induced Abortion Report shall contain a notice containing an assurance that in accordance with subsection F of Section 5 of this act, public reports based on the form submitted will not contain the name, address, hometown, county of residence, or any other identifying information of any individual female, that the State Department of Health will take care to ensure that none of the information included in its public reports could reasonably lead to the identification of any individual female about whom information is reported in accordance with the Statistical Abortion Reporting Act, or of any physician providing information in accordance with the Statistical Abortion Reporting Act, and that such information is not subject to the Oklahoma Open Records Act.

E.  Complication(s) of Induced Abortion Report.  The Complications of Induced Abortion Report shall be substantially similar to, but need not be in the specific format of, the following form: 

Complications of Induced Abortion Report

1.  Name and specialty field of medical practice of the physician filing the report: _________________________________

2.  Did the physician filing the report perform or induce the abortion? ________________________________________________

3.  Name, address, and telephone number of the health care facility where the induced abortion complication was discovered or treated: __________________________________________________________

4.  Date on which the complication was discovered: ________

5.  Date on which, and location of the facility where, the abortion was performed, if known: _________________________________

6.  Age of the patient experiencing the complication: _____

7.  Describe the complication(s) resulting from the induced abortion: ______________________________________________________

8.  Circle all that apply:

a.	Death

b.	Cervical laceration requiring suture or repair

c.	Heavy bleeding/hemorrhage with estimated blood loss of greater than or equal to 500cc

d.	Uterine Perforation

e.	Infection

f.	Failed termination of pregnancy (continued viable pregnancy)

g.	Incomplete termination of pregnancy (Retained parts of fetus requiring re-evacuation)

h.	Other (May include psychological complications, future reproductive complications, or other illnesses or injuries that in the physician’s medical judgment occurred as a result of an induced abortion.  Specify diagnosis.): _______________________________

9.  Type of follow-up care, if any, recommended: ______________________

10.  Will the physician filing the Complications of Induced Abortion Report be providing such follow-up care (if not, the name of the medical professional who will, if known)? _____________________________

11.  Name and license number of physician filing the Complications of Induced Abortion Report: _________________________

SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-738m of Title 63, unless there is created a duplication in numbering, reads as follows:

A.  Beginning in 2013, by June 1 of each year, the Department shall issue, on its stable Internet website, a public Annual Abortion Report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with the Statistical Abortion Reporting Act.

B.  The Department’s public report shall also provide statistics for all previous calendar years for which abortion-reporting requirements have been in effect, adjusted to reflect any additional information from late or corrected reports.

C.  The Annual Abortion Report shall include, but not be limited to, the following information:

1.  The number of induced abortions performed in the previous calendar year, broken down by month and county in which the abortion was performed;

2.  The number of abortions classified by:

a.	the state or foreign country of residence of the mother,

b.	the age, marital status, and race of the mother, and

c.	the number of years of education of the mother;

3.  The number of abortions classified by:

a.	the number of previous pregnancies of the mother,

b.	previous live births to the mother,

c.	previous miscarriages, and

d.	previous induced abortions;

4.  The number of abortions by week of gestational age;

5.  The number of abortions performed by each reported method;

6.  The number of abortions resulting in an infant born alive; of these, the number of cases in which life-sustaining measures were taken; and a statistical summary of the length of survival of such infants;

7.  The number of cases in which anesthesia was administered to the mother and the number of each type of anesthesia;

8.  The number of cases in which anesthesia was administered to the unborn child, and the number of each type of anesthesia and of each method of administration;

9.  The number of each reported method of fetal disposal;

10.  The reasons reported for the abortions, and the number of times each reported reason was cited;

11.  The number of abortions paid for by:

a.	private insurance,

b.	public health plan, 

c.	Medicaid,

d.	private pay, or

e.	other;

12.  The number of abortions in which medical health insurance coverage was under:

a.	a fee-for-service insurance company,

b.	a managed care company, or

c.	other;

13.  A statistical summary of the fees collected;

14.  Specialty area of medicine of the physician;

15.  The number of abortions in which ultrasound equipment was used before, during, or after the abortion, and the number of times vaginal ultrasound, abdominal ultrasound, or both were used in each of the three circumstances;

16.  The number of abortions before which an ultrasound was performed by:

a.	the physician performing the abortion, 

b.	a physician other than the physician performing the abortion, or

c.	other;

17.  The number of abortions resulting in reported complications, and of those, how many were reported by the physician who performed the abortion, and how many were reported by another physician, the types of reported complications, and the number of each type based on data which shall be compiled and transmitted to the State Department of Health by the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners;

18.  The number of abortions resulting in the reported death of the mother;

19.  The number of females to whom the physician provided the information in subparagraph a of paragraph 1 of subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes; of that number, the number provided by telephone and the number provided in person; and of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion;

20.  The number of females to whom physicians or agents of physicians provided the information in paragraph 2 of subsection B of Section 1-738.2 of Title 63 of the Oklahoma Statutes; of that number, the number provided by telephone and the number provided in person; of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion; and of each of those numbers, the number provided by the physician and the number provided by an agent of the physician;

21.  The number of females who availed themselves of the opportunity to have a copy of the printed information described in Section 1-738.3 of Title 63 of the Oklahoma Statutes mailed to them; and of that number, the number who, based on the submitted reports, did and did not obtain an abortion; 

22.  The number of abortions performed by the physician in which information otherwise required to be provided at least twenty-four (24) hours before the abortion was not so provided because an immediate abortion was necessary to avert the death of the female, and the number of abortions in which such information was not so provided because a delay would create serious risk of substantial and irreversible impairment of a major bodily function;

23.  The number of females to whom physicians or their agents provided the information described in subsection A of Section 1-738.8 of Title 63 of the Oklahoma Statutes; of that number:

a.	the number provided by telephone and the number provided in person; and of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion, or by the agent of such physician, and

b.	the number of females who availed themselves of the opportunity to be given or mailed the materials described in Section 1-738.10 of Title 63 of the Oklahoma Statutes, and the number who did not; and of each of those numbers, the number who, to the best of the information and belief of the reporting physician, went on to obtain the abortion;

24.  The number of females to whom the information described in subsection A of Section 1-738.8 of Title 63 of the Oklahoma Statutes would have had to be provided but for a medical emergency determination; of that number, the number for whom an immediate abortion was necessary to avert the death of the female, and the number for whom a delay would have created serious risk of substantial and irreversible impairment of a major bodily function;

25.  The number of abortions performed within the scope of employment of Oklahoma state employees and employees of an agency or political subdivision of the state, the number of abortions performed with the use of public institutions, facilities, equipment, or other physical assets owned, leased, or controlled by this state, its agencies, or political subdivisions, and for each category:

a.	the number of abortions reported as necessary to save the life of the mother, the life-endangering conditions identified, and the number of each such condition reported,

b.	the number of abortions reported from pregnancies resulting from forcible rape, the number of such rapes reported to law enforcement authorities, general categories of law enforcement authorities to whom reports were made and the number made to each category, and a statistical summary of the length of time between the dates of reporting to law enforcement authorities and the dates of the abortions, and

c.	the number of abortions reported from pregnancies resulting from incest committed against a minor, the number of perpetrators of incest in such cases reported to law enforcement authorities, general categories of law enforcement authorities to whom reports were made and the number made to each category, and a statistical summary of the length of time between the dates of reporting to law enforcement authorities and the dates of the abortions;

26.  The number of females to a parent of whom the physician provided notice as required by Section 1-740.2 of Title 63 of the Oklahoma Statutes; of that number, the number provided personally as described in that section, and the number provided by mail as described in that section, and of each of those numbers, the number of females who, to the best of the information and belief of the reporting physician, went on to obtain the abortion;

27.  The number of females upon whom the physician performed an abortion without the notice to or consent of the parent of the minor required by Section 1-740.2 of Title 63 of the Oklahoma Statutes; of that number, the number who were emancipated minors and the number who suffered from a medical emergency, and of the latter, the number of cases in which a parent was notified subsequently and the number of cases in which a judicial waiver was obtained.  In the case of medical emergencies in which a parent was informed subsequently, a statistical summary of the period of time elapsed before notification;

28.  The number of abortions performed after receiving judicial authorization to do so without parental notice and consent;

29.  The number of abortions performed on minors after judicial authorizations were granted because of a finding that the minor girl was mature and capable of giving informed consent; and

30.  The number of abortions performed on minors after judicial authorizations were granted because of a finding that the performance of the abortion without parental notification and consent was in the best interest of the minor.

D.  Beginning in 2013, by June 1 of each year, the State Department of Health shall post, on its stable Internet website, a public Annual Judicial Bypass of Abortion Parental Consent Summary Report providing statistics which shall be compiled and supplied to the Department by the Administrative Office of the Courts giving the total number of petitions or motions filed under Section 1-740.3 of Title 63 of the Oklahoma Statutes and of that number, the number in which:

1.  The court appointed a guardian ad litem;

2.  The court appointed counsel;

3.  The judge issued an order authorizing an abortion without parental notification or consent, and of those:

a.	the number authorized due to a determination by the judge that the minor was mature and capable of giving consent to the proposed abortion, and 

b.	the number authorized due to a determination by the judge that an abortion was in the best interest of the minor; and

4.  The judge denied such an order, and of this, the number of:

a.	denials from which an appeal was filed,

b.	the appeals that resulted in the denial being affirmed, and

c.	appeals that resulted in reversals of the denials.

E.  Each Annual Judicial Bypass of Abortion Parental Consent Summary Report shall also provide the statistics for all previous calendar years for which the public statistical report was required to be issued, adjusted to reflect any additional information from late or corrected reports.

F.  The Department’s public reports shall not contain the name, address, hometown, county of residence, or any other identifying information of any individual female, and shall take care to ensure that none of the information included in its public reports could reasonably lead to the identification of any individual female about whom information is reported in accordance with the Statistical Abortion Reporting Act or of any physician providing information in accordance with the Statistical Abortion Reporting Act.  Nor shall the information described in the preceding sentence be subject to the Oklahoma Open Records Act.

SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-738n of Title 63, unless there is created a duplication in numbering, reads as follows:

A.  The State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners shall notify, by March 1, 2012, all physicians licensed to practice in this state over whom they have licensure authority of the requirements of the Statistical Abortion Reporting Act and of the addresses of the pages on the State Department of Health’s secure Internet website providing access to the forms it requires and instructions for their electronic submission.  The respective Board shall also notify each physician who subsequently becomes newly licensed to practice in this state, at the same time as an official notification to that physician, that the physician is so licensed.

B.  Individual Abortion Forms or Complications of Induced Abortion Reports that are not submitted by the end of a grace period of thirty (30) days following the due date shall be subject to a late fee of Five Hundred Dollars ($500.00) for each additional thirty-day period the forms or reports are overdue.  Any monies collected under this subsection shall be deposited into an account created within the Department, which shall be used for the administration of the Statistical Abortion Reporting Act.  Any physician required to report in accordance with the Statistical Abortion Reporting Act who has not completed and electronically submitted a form or report, or has submitted only an incomplete form or report, more than one (1) year following the due date shall be precluded from renewing his or her license until such fines are paid in full and outstanding forms or reports are submitted, and may, in an action brought by the State Department of Health, be directed by a court of competent jurisdiction to electronically submit completed forms or reports within a period stated by court order or be subject to sanctions for civil contempt.

C.  Anyone who knowingly or recklessly fails to submit an Individual Abortion Form or Complications of Induced Abortion Report, or submits false information under the Statistical Abortion Reporting Act, shall be guilty of a misdemeanor.

D.  The Department, the State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners shall ensure compliance with the Statistical Abortion Reporting Act and shall verify the data provided by periodic inspections of places where the Department, the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners know or have reason to believe abortions are performed.

E.  The Department may promulgate rules in accordance with the Administrative Procedures Act to alter the dates established by the Statistical Abortion Reporting Act to achieve administrative convenience, fiscal savings, or to reduce the burden of reporting requirements, so long as the forms and reports are made available, on its stable Internet website, to all licensed physicians in this state, and the public reports described in Section 5 of this act are issued at least once every year.

F.  If the Department fails to issue the public reports described in Section 5 of this act, an action pursuant to Chapter 26 of Title 12 of the Oklahoma Statutes may be initiated.  If judgment is rendered in favor of the plaintiff in any action described in this subsection, the court shall also render judgment for a reasonable attorney fee in favor of the plaintiff against the defendant.  If judgment is rendered in favor of the defendant and the court finds that the plaintiff’s suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney fee in favor of the defendant against the plaintiff.

SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-738o of Title 63, unless there is created a duplication in numbering, reads as follows:

The Oklahoma Legislature, by joint resolution, may appoint one or more of its members who sponsored or cosponsored this act in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.

SECTION 8.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-738p of Title 63, unless there is created a duplication in numbering, reads as follows:

A.  Sections 1-738.3a, 1-738.13 and 1-740.4a of Title 63 of the Oklahoma Statutes shall become ineffective and of no binding force on the date specified in subsection B of this section, but if the Statistical Abortion Reporting Act is ever temporarily or permanently restrained or enjoined by judicial order, these sections shall become effective and enforceable; provided, however, that if such temporary or permanent restraining order or injunction is ever stayed or dissolved, or otherwise ceases to have effect, these sections shall again become ineffective and of no binding force until or unless an injunction or restraining order against the Statistical Abortion Reporting Act is again in effect.  If and to the extent the Statistical Abortion Reporting Act is restrained or enjoined in part, then only those provisions of these sections that neither conflict with nor substantively duplicate the provisions of the Statistical Abortion Reporting Act that are not enjoined shall have effect.  As promptly as feasible following the issuance of any restraining order or injunction that enjoins part but not all of the Statistical Abortion Reporting Act, the Attorney General shall issue an opinion specifically identifying those provisions of these sections that are effective and enforceable in accordance with the preceding sentence.

B.  The date specified in this subsection is the later of:

1.  April 1, 2012; or

2.  Thirty (30) calendar days following the date on which the State Department of Health posts on its secure Internet website the Individual Abortion Form and instructions concerning its electronic submission referenced in Section 3 of this act.

SECTION 9.     REPEALER     Sections 3, 4, 5, 6, 7, 8, 9 and 10, Chapter 227, O.S.L. 2009 (63 O.S. Supp. 2009, Sections 1-738a, 1-738b, 1-738c, 1-738d, 1-738e, 1-738f, 1-738g and 1-738h), are hereby repealed.

SECTION 10.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:

If any one or more provisions, sections, subsections, sentences, clauses, phrases or words of this act, or the application thereof to any person or circumstance, are found to be unconstitutional, the same are declared to be severable and the balance of this act shall remain effective notwithstanding the unconstitutionality.  The Legislature declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases, or words be declared unconstitutional. 

SECTION 11.  This act shall become effective November 1, 2010.

Passed the House of Representatives the 10th day of May, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 11th day of May, 2010.

	
Presiding Officer of the Senate