Oklahoma
1998 Oklahoma State Statutes §63-1-741.
A. No private hospital, hospital director or governing board of a private
hospital in Oklahoma, is required to permit abortions to be performed or
induced in such hospital. Refusal to permit an abortion, in accordance with
a standard policy, is not grounds for civil liability nor a basis for
disciplinary or other recriminatory action.
B. No person may be required to perform, induce or participate in medical
procedures which result in an abortion which are in preparation for an
abortion or which involve aftercare of an abortion patient, except when the
aftercare involves emergency medical procedures which are necessary to
protect the life of the patient, and refusal to perform or participate in
such medical procedures is not grounds for civil liability nor a basis for
disciplinary or other recriminatory action.
C. The rights and immunities granted by this section shall not include
medical procedures in which a woman is in the process of the spontaneous,
inevitable abortion of an unborn child, the death of thechild is imminent,
and the procedures are necessary to prevent the death of the mother.
§63-1-728. Short title.
This act shall be known and may be cited as the "Freedom of
Conscience Act".
§63-1-728.1. Definitions.
As used in the Freedom of Conscience Act:
1. "Health care facility" means any public or private organization,
corporation, authority, partnership, sole proprietorship, association,
agency, network, joint venture, or other entity that is involved in
providing health care services, including a hospital, clinic, medical
center, ambulatory surgical center, private physician's office, pharmacy,
nursing home, university hospital, medical school, nursing school, medical
training facility, inpatient health care facility, or other place where
health care services are provided;
2. "Human embryo" means a human organism that is derived by
fertilization, parthenogenesis, cloning, or any other means from one or more
human gametes or human diploid cells;
3. "In vitro human embryo" means a human embryo, whether cryopreserved or
not, living outside of a woman's body;
4. "Participate in" means to perform, practice, engage in, assist in,
recommend, counsel in favor of, make referrals for, prescribe, dispense, or
administer drugs or devices or otherwise promote or encourage; and
5. "Person" means any individual, corporation, industry, firm,
partnership, association, venture, trust, institution, federal, state or
local governmental instrumentality, agency or body or any other legal entity
however organized.
§63-1-728.2. Reasonable accommodation of religious observances or
practices.
An employer shall not discriminate against an employee or prospective
employee by refusing to reasonably accommodate the religious observance or
practice of the employee or prospective employee, unless the employer can
demonstrate that the accommodation would pose an undue hardship on the
program, enterprise, or business of the employer, in the following
circumstances:
1. An abortion as defined in Section 1-730 of Title 63 of
the Oklahoma Statutes. The provisions of this section shall not apply if the
pregnant woman suffers from a physical disorder, physical injury, or
physical illness which, as certified by a physician, causes the woman to be
in imminent danger of death unless an abortion is immediately performed or
induced and there are no other competent personnel available to attend to
the woman. As used in this act, the term "abortion" shall not include the
prescription of contraceptives;
2. An experiment or medical procedure that destroys an in
vitro human embryo or uses cells or tissue derived from the destruction of
an in vitro human embryo;
3. An experiment or medical procedure on an in vitro human
embryo that is not related to the beneficial treatment of the in vitro human
embryo;
4. An experiment or medical procedure on a developing
child in an artificial womb, at any stage of development, that is not
related to the beneficial treatment of the developing child;
5. A procedure, including a transplant procedure, that
uses fetal tissue or organs that come from a source other than a stillbirth
or miscarriage; or
6. An act that intentionally causes or assists in causing
the death of an individual by assisted suicide, euthanasia, or mercy
killing.
§63-1-728.3. Health care facilities, professionals or employees -
Refusal to participate in specified acts - Discipline prohibited - Immunity.
A. No health care facility is required to admit any patient or to allow
the use of the health care facility for the purpose of performing any of the
acts specified in Section 3 of this act.
B. A physician, physician's assistant, registered nurse, practical nurse,
pharmacist, or any employee thereof, or any other person who is an employee
of, member of, or associated with the staff of a health care facility in
which the performance of an activity specified in Section 3 of this act has
been authorized, who in writing, refuses or states an intention to refuse to
participate in the activity on moral or religious grounds shall not be
required to participate in the activity and shall not be disciplined by the
respective licensing board or authorized regulatory department for refusing
or stating an intention to refuse to participate in the practice with
respect to the activity.
C. A physician, physician's assistant, registered nurse, practical nurse,
pharmacist, or any employee thereof, or any other person who is an employee
of, member of, or associated with the staff of a health care facility is
immune from liability for any damage caused by the refusal of the person to
participate in an activity specified in Section 3 of this act on moral or
religious grounds.
§63-1-728.4. Refusal to participate in specified acts - Discrimination,
mandatory participation prohibited.
A. No health care facility, school, or employer shall discriminate
against any person with regard to admission, hiring or firing, tenure, term,
condition, or privilege of employment, student status, or staff status on
the ground that the person refuses or states an intention to refuse, whether
or not in writing, to participate in an activity specified in Section 3 of
this act, if the refusal is based on religious or moral precepts.
B. No person shall be required to:
1. Participate in an activity specified in Section 3 of
this act if the individual's participation in the activity is contrary to
the person's religious beliefs or moral convictions;
2. Make facilities available for an individual to
participate in an activity specified in Section 3 of this act if the person
prohibits the activity from taking place in the facilities on the basis of
religious beliefs or moral convictions; or
3. Provide any personnel to participate in an activity
specified in Section 3 of this act if the activity is contrary to the
religious beliefs or moral convictions of the personnel.
§63-1-728.5. Action for equitable relief - Attorney fees - Limitation.
A. For the purposes of this section, "damages" do not include noneconomic
damages, as defined in Section 1-1708.1C of Title 63 of the Oklahoma
Statutes.
B. A person who is adversely affected by conduct that is in violation of
the Freedom of Conscience Act may bring a civil action for equitable relief,
including reinstatement or damages, or both reinstatement and damages. An
action under this subsection may be commenced against the state and any
office, department, independent agency, authority, institution, association,
or other body in state government created or authorized to be created by the
state constitution or any law. In an action under this subsection, the court
shall award reasonable attorney fees to a person who obtains equitable
relief, damages, or both. An action under this subsection shall be commenced
within one (1) year after the cause of action accrues or be barred.