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Oklahoma

Targeted Regulation of Abortion Providers (TRAP)

Oklahoma imposes extra restrictions on abortion providers, despite the fact that all health-care providers already must comply with a variety of federal and state regulations governing health, safety, building and fire codes, and zoning requirements.  


Restrictions on Where Abortion Services May Be Provided


Among the most common TRAP regulations are those restricting the provision of abortion services to hospitals or other specialized facilities, which require doctors to obtain medically unnecessary additional licenses, needlessly convert their practices to mini-hospitals at great expense, or provide abortion services only in hospitals, an impossibility in many parts of the country.


Oklahoma has an unconstitutional requirement that all abortion care after the first trimester be provided in a "general hospital." Okla. Stat. Ann. tit. 63, § 1-731(B) (Enacted 1978).


A federal court enjoined this requirement, stating that the U.S. Supreme Court ruling in Akron v. Akron Ctr. for Reprod. Health, 462 U.S. 416 (1983), rendered it unconstitutional. Reprod. Servs. v. Keating, 35 F. Supp.2d 1332 (N.D. Okla. 1998).


Restrictions on Who May Provide Abortion Services


Oklahoma prohibits certain qualified health-care professionals from providing abortion services.


Only a physician licensed to practice medicine in the state may provide abortion care. Okla. Stat. Ann. tit. 63, § 1-731 (Enacted 1978; Last Amended 1999).  Further, only a physician may provide medication abortion care. Okla. Stat. Ann. tit. 63,§ 1-729a (Enacted 2010).


Oklahoma law requires any physician providing abortion care to have admitting privileges at a hospital within 30 miles of the provider.  S.B.1848, 54th Leg., 2d Sess. (Ok. 2014) (Enacted 2014).  Nothing in the law requires hospitals to grant providers such privileges. 

 
No woman may induce an abortion upon herself except under the supervision of a physician licensed to practice medicine in the state. Okla. Stat. Ann. tit. 63, § 1-733 (Enacted 1978; Last Amended 1997).



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