Okla. Stat. tit. 63 § 1-749

Current through Laws 2024, c. 453.

Section 1-749 - Preservation of fetal tissue extracted

A. Any physician who performs an abortion on a minor who is less than fourteen (14) years of age at the time of the abortion shall preserve, in accordance with rules promulgated by the Oklahoma State Bureau of Investigation, fetal tissue extracted during such abortion. The physician shall submit the tissue to the Oklahoma State Bureau of Investigation.

B. The Oklahoma State Bureau of Investigation shall adopt rules to implement the provisions of this section. Such rules shall contain, at a minimum:

1. The amount and type of fetal tissue to be preserved and submitted by a physician pursuant to the provisions of this section;

2. Procedures for the proper preservation of such tissue for the purposes of DNA testing and examination;

3. Procedures for documenting the chain of custody of such tissue for use as evidence;

4. Procedures for the proper disposal of fetal tissue preserved pursuant to this section;

5. A uniform reporting form mandated to be utilized by physicians when submitting fetal tissue under this section, which shall include the name and address of the physician submitting the fetal tissue and the name and complete address of residence of the parent or legal guardian of the minor upon whom the abortion was performed; and

6. Procedures for communication with law enforcement regarding evidence and information obtained pursuant to this section.

C. Failure of a physician to comply with any requirement of this section or any rule adopted thereunder:

1. Shall constitute unprofessional conduct pursuant to the provisions of Section 509 of Title 59 of the Oklahoma Statutes; and

2. Is a felony.

Okla. Stat. tit. 63, § 1-749

Amended by Laws 2022 , c. 133, s. 2, eff. 4/29/2022.

Repealed by Laws 2021 , c. 308, s. 14, eff. on and after the certification of the Attorney General that: 1. The United States Supreme Court overrules the central holding of Roe v. Wade, 410 U.S. 113 (1973), reaffirmed by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), thereby restoring to the State of Oklahoma the authority to prohibit abortion; or 2. An amendment to the United States Constitution is adopted that restores to the State of Oklahoma the authority to prohibit abortion.

Added by Laws 2015 , c. 387, s. 2, eff. 11/1/2015.