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§ 1-756.11. Violations--Civil actions

Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: November 1, 2021

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 1. Public Health Code
Article 7. Hospitals and Related Institutions
C-16. Oklahoma Abortion-Inducing Drug Risk Protocol Act
Effective: November 1, 2021
63 Okl.St.Ann. § 1-756.11
§ 1-756.11. Violations--Civil actions
Currentness
A. In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this act shall:
1. Provide a basis for a civil malpractice action for actual and punitive damages;
2. Provide a basis for a professional disciplinary action;
3. Provide a basis for recovery for the woman's survivors for the wrongful death of the woman; and
4. Provide a basis for a cause of action for injunctive relief against a person who has provided an abortion-inducing drug in violation of this act. Such an action may be maintained by:
a. a woman to whom such an abortion-inducing drug was provided,
b. a person who is the spouse, parent or guardian of, or a current or former licensed health care provider of, a woman to whom an abortion-producing drug was provided, or
c. a prosecuting attorney with appropriate jurisdiction.
The injunction shall prevent the defendant from providing further abortion-inducing drugs in violation of this act.
B. No civil liability may be assessed against the pregnant woman upon whom the drug-induced abortion is attempted, induced or performed.
C. When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the drug-induced abortion was attempted, induced or performed.
D. If judgment is rendered in favor of the plaintiff, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.
E. 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 may render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.

Credits

Laws 2021, c. 577, § 11, eff. Nov. 1, 2021.
63 Okl. St. Ann. § 1-756.11, OK ST T. 63 § 1-756.11
Current with emergency effective legislation through Chapter 277 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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