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§ 1-745.33. Determining presence of fetal heartbeat

Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: May 3, 2022

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 1. Public Health Code
Article 7. Hospitals and Related Institutions
C-11. Oklahoma Heartbeat Act
Effective: May 3, 2022
63 Okl.St.Ann. § 1-745.33
§ 1-745.33. Determining presence of fetal heartbeat
Currentness
A. For the purposes of determining the presence of a fetal heartbeat under this section, “standard medical practice” includes employing the appropriate means of detecting the heartbeat based on the estimated gestational age of the unborn child and the condition of the woman and her pregnancy.
B. Except as provided by Sections 5 and 6 of this act,1 an abortion may not be performed or induced on a pregnant woman unless a physician has determined, in accordance with this section, whether the woman's unborn child has a detectable fetal heartbeat.
C. In making a determination under subsection B of this section, the physician must use a test that is:
1. Consistent with the physician's good faith and reasonable understanding of standard medical practice; and
2. Appropriate for the estimated gestational age of the unborn child and the condition of the pregnant woman and her pregnancy.
D. A physician making a determination under subsection B of this section shall record in the pregnant woman's medical record:
1. The estimated gestational age of the unborn child;
2. The method used to estimate the gestational age; and
3. The test used for detecting a fetal heartbeat including the date, time, and results of the test.

Credits

Laws 2022, c. 190, § 3, emerg. eff. May 3, 2022.

Footnotes

1
Title 63, §§ 1-745.35 and 1-745.36, respectively.
63 Okl. St. Ann. § 1-745.33, OK ST T. 63 § 1-745.33
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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