Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

Oklahoma allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply?  Individuals, hospitals, and health care facilities

What does the refusal clause allow?  No person may be required to perform abortion, or to participate in medical procedures that result in or are in preparation for an abortion or that involve abortion aftercare except when necessary to preserve the woman's life.  No employer shall discriminate against an employee or prospective employee who refuses to perform abortion services based on religious beliefs unless the employer can demonstrate that accommodation for such refusal would pose an undue hardship on the program, enterprise, or business of the employer.

No private hospital is required to permit abortion. The refusal of an individual to participate in an abortion, or the refusal of a private hospital to permit abortion in accordance with a standard policy, may not be a basis for civil liability, disciplinary action, or other recriminatory action.

In addition, no health care facility, defined as any public or private entity that is involved in providing health care services, including a hospital, clinic, physician's office, pharmacy, medical school, or other place where health care services are provided, is required to admit any patient or allow the use of the health care facility for the purpose of performing abortion services.  No employee of a health care facility who, in writing, refuses or states an intention to refuse to participate in abortion services on moral or religious grounds shall be disciplined for such refusal.

Does the law require the refusing entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  Yes.  A person may be required to participate in abortion services or the aftercare of an abortion necessary to protect the life of the patient.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Okla. Stat. Ann. tit. 63, § 1-741 (Enacted 1978); S.B. 1878, 51st Leg., 2d Reg. Sess. (Okla. 2008) (to be codified at Okla. Stat. Ann. tit. 63, § 1-728 to 1-782.4) (effective Nov.1, 2008).