2023 Oklahoma Statutes
Title 63. Public Health and Safety
§63-1-745.33. Determining presence of fetal heartbeat.

Universal Citation: 63 OK Stat § 1-745.33 (2023)

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, 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.

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

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