Read the full stored bill text
Req. No. 13931 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 2945 By: Olsen
AS INTRODUCED
An Act relating to abortion-inducing drugs; creating
the Protecting Moms and Babies Act; defining terms;
providing exclusions to whom a lawsuit can be brought
against; prohibiting the manufacturing or
distributing of abortion-inducing drugs; prohibiting
mailing, transporting, delivering, prescribing, or
providing an abortion-inducing drug; providing for
certain exceptions to the prohibition; providing for
only qui tam actions; providing qui tam enforcement
of prohibitions relating to abortion-inducing drugs;
establishing defenses; establishing what are not
defenses; establishing a statute of limitation;
providing remedies for a qui tam judgment;
disallowing coordinated enforcement; providing for
personal jurisdiction and applicability of state law;
providing for jurisdiction of appeals; prohibiting
application of other state's law; providing
protections from certain counteractions; providing a
severability clause; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Protecting Moms
and Babies Act".
Req. No. 13931 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.50 of Title 63, unless
there is created a duplication in numbering, reads as follows:
As used in this section:
1. "Abortion" means the act of using or prescribing an
instrument, a drug, a medicine, or any other substance, device, or
means with the intent to cause the death of an unborn child of a
woman known to be pregnant. The term does not include birth control
devices or oral contraceptives. An act is not an abortion if the
act is done with the intent to:
a. save the life or preserve the health of an unborn
child,
b. remove a dead, unborn child whose death was caused by
a miscarriage, or
c. remove an ectopic pregnancy; and
2. "Abortion-inducing drug" means a drug, a medicine, or any
other substance, including a regimen of two or more drugs,
medicines, or substances, prescribed, dispensed, or administered
with the intent of terminating a clinically diagnosable pregnancy of
a woman and with knowledge that the termination will, with
reasonable likelihood, cause the death of the woman's unborn child.
The term includes off-label use of drugs, medicines, or other
substances known to have abortion-inducing properties that are
prescribed, dispensed, or administered with the intent of causing an
Req. No. 13931 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
abortion, including the Mifeprex regimen, misoprostol (Cytotec), and
methotrexate. The term does not include a drug, medicine, or other
substance that may be known to cause an abortion but is prescribed,
dispensed, or administered for other medical reasons.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.51 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. This act shall not apply and a civil action under this act
shall not be brought against:
1. The woman upon whom an abortion was performed or induced or
attempted to be performed or induced in violation of this act, or
against a pregnant woman who intends or seeks to abort her unborn
child in violation of this act;
2. Any common carrier that transports a pregnant woman to an
abortion provider, if the common carrier is unaware that the woman
intends to abort her unborn child; or
3. A person who manufactures, distributes, mails, transports,
delivers, prescribes, provides, or possesses abortion-inducing drugs
in this state solely for one or more of the following purposes:
a. treating a mother to preserve her life,
b. removing an ectopic pregnancy,
c. removing a dead, unborn child whose death was caused
by miscarriage, or
Req. No. 13931 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
d. a purpose that does not include performing, inducing,
attempting, or assisting an abortion, other than an
abortion performed in response to preserving the life
of the mother.
B. This section shall not be construed to require the actual
performance, inducement, or attempted performance of an abortion in
order for a person to bring a civil action authorized by this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.52 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Except as provided by subsection B of this section or
paragraph 3 of subsection A of Section 3 of this act, a person shall
not:
1. Manufacture or distribute an abortion-inducing drug in this
state; or
2. Mail, transport, deliver, prescribe, furnish the means to
procure, or provide an abortion-inducing drug in any manner to or
from any person or location in this state.
B. Subsection A of this section does not prohibit:
1. Speech or conduct protected by the First Amendment to the
United States Constitution, as made applicable to the states through
the United States Supreme Court's interpretation of the Fourteenth
Amendment to the United States Constitution, or protected by Section
22 of Article 2 of the Oklahoma Constitution;
Req. No. 13931 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Conduct a pregnant woman takes in the course of aborting or
attempting to abort the woman's unborn child; or
3. The manufacture, distribution, mailing, transport, delivery,
prescribing, provision, or possession of an abortion-inducing drug
solely for one or more of the purposes pursuant to paragraph 3 of
subsection A of Section 3 of this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.53 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. This act may be enforced only through a qui tam action
brought pursuant to Section 6 of this act.
B. No other direct or indirect enforcement of this act may be
taken or threatened by this state, a political subdivision of this
state, a district or county attorney, or any officer or employee of
this state or a political subdivision of this state against any
person, by any means whatsoever, except as provided in Section 6 of
this act.
C. This section does not preclude or limit the enforcement of
any other law or regulation against conduct that is independently
prohibited by the other law or regulation and that would remain
prohibited by the other law or regulation in the absence of this
act.
Req. No. 13931 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.54 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A person, other than this state, a political subdivision of
this state, or an officer or employee of this state or a political
subdivision of this state, has standing to bring and may bring a qui
tam action against a person who:
1. Violates Section 4 of this act; or
2. Intends to violate Section 4 of this act.
B. An action brought pursuant to this section shall be brought
in the name of the qui tam relator, who is an assignee of this
state's claim for relief. Notwithstanding any other law, the
transfer of this state's claim to the qui tam relator is absolute,
with the state retaining no interest in the subject matter of the
claim.
C. A qui tam relator shall not bring an action under this
section if the action is preempted by 47 U.S.C. Section 230(c).
D. A qui tam action shall not be brought pursuant to this
section:
1. Against a woman for using, obtaining, or seeking to obtain
abortion-inducing drugs to abort or attempt to abort her unborn
child; or
Req. No. 13931 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Against any common carrier that transports a pregnant woman
to an abortion provider, if the common carrier is unaware that the
woman intends to abort her unborn child.
E. Notwithstanding any other law, including rules of civil
procedure adopted pursuant to Section 2023 of Title 12 of the
Oklahoma Statutes, an action brought under this section may not be
litigated on behalf of a claimant class or a defendant class, and a
court may not certify a class in the action.
F. In an action brought under this act, a qui tam relator or a
defendant against whom an action is brought under this section may
not, without the consent of the person to whom the information
belongs, publicly disclose or improperly obtain:
1. Any personally identifiable information of a pregnant woman
who sought or obtained an abortion-inducing drug from a defendant
against whom a qui tam action is brought under this section,
including any written, electronic, audio, or visual document or
media that identifies the pregnant woman;
2. Any information protected from public disclosure under the
Health Insurance Portability and Accountability Act of 1996 (P. L.
No. 104-191) and regulations adopted under that act; or
3. Any personal data of a pregnant woman who sought or obtained
an abortion-inducing drug from a defendant against whom a qui tam
action is brought under this section that is protected from public
disclosure under federal or state law.
Req. No. 13931 Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.55 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. It is an affirmative defense to an action brought under
Section 6 of this act that the defendant:
1. Was unaware the defendant was engaged in the conduct
prohibited in Section 4 of this act; and
2. Took reasonable precautions to ensure the defendant would
not violate Section 4 of this act.
B. It is an affirmative defense to an action brought pursuant
to Section 6 of this act that:
1. The imposition of civil liability on the defendant will
violate the defendant's rights under federal law, including the
United States Constitution;
2. The defendant:
a. has standing to assert the rights of a third party
under the tests for third-party standing established
by the United States Supreme Court, and
b. demonstrates that the imposition of civil liability on
the defendant will violate the third party's rights
under federal law, including the United States
Constitution;
3. The imposition of civil liability on the defendant will
violate the defendant's rights under the Oklahoma Constitution; or
Req. No. 13931 Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. The imposition of civil liability on the defendant will
violate limits on extraterritorial jurisdiction imposed by the
United States Constitution or the Oklahoma Constitution.
C. The defendant has the burden of proving an affirmative
defense under this section by a preponderance of the evidence.
D. The following are not defenses to an action brought under
Section 6 of this act:
1. A defendant's ignorance or mistake of law, including a
defendant's mistaken belief that the requirements or provisions of
this act are unconstitutional or were unconstitutional;
2. A defendant's reliance on a state or federal court decision
that is not binding on the court in which the action has been
brought;
3. A defendant's reliance on a federal agency rule or action
that has been repealed, superseded, or declared invalid or
unconstitutional, even if the federal agency rule or action had not
been repealed, superseded, or declared invalid or unconstitutional
when the cause of action accrued;
4. The laws of another state or jurisdiction, including an
abortion shield law, unless the Oklahoma Constitution or federal law
compels the court to enforce that law;
5. Non-mutual issue preclusion or non-mutual claim preclusion;
Req. No. 13931 Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. Sovereign immunity, governmental immunity, or official
immunity, other than sovereign immunity, governmental immunity, or
official immunity applicable to:
a. a hospital owned, maintained, or operated by this
state that facilitates the availability of or makes
available abortion-inducing drugs solely for one or
more of the purposes described by paragraph 3 of
subsection A of Section 3 of this act,
b. a political subdivision of this state, including a
hospital district, that facilitates the availability
of or makes available abortion-inducing drugs solely
for one or more of the purposes described by paragraph
3 of subsection A of Section 3 of this act, or
c. a physician or health care professional employed by a
hospital owned or operated by this state or a
political subdivision of this state, including a
hospital district, acting within the scope of the
physician's or professional's employment who
prescribes, distributes, administers, or otherwise
makes available abortion-inducing drugs solely for one
or more of the purposes described by paragraph 3 of
subsection A of Section 3 of this act;
7. A claim that the enforcement of this act or the imposition
of civil liability against the defendant will violate the
Req. No. 13931 Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
constitutional or federally protected rights of third parties,
except as provided by subsection B of this section; or
8. Consent to the abortion by the claimant or the unborn
child's mother.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.56 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A person may bring an action under Section 6 of this act not
later than the sixth anniversary of the date the cause of action
accrues.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.57 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Notwithstanding any other law and except as provided by
subsection B of this section, if a qui tam relator prevails in an
action brought under Section 6 of this act, the court shall award to
the relator:
1. Injunctive relief sufficient to prevent the defendant from
violating Section 4 of this act;
2. An amount of not less than One Hundred Thousand Dollars
($100,000.00) for each violation of Section 4 of this act, to be
allocated in accordance with subsection B of this section; and
3. Costs and reasonable attorney fees.
Req. No. 13931 Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. In awarding the amount described by paragraph 2 of
subsection A of this section, the court shall ensure that:
1. The qui tam relator receives the entire amount awarded
pursuant to paragraph 2 of subsection A of this section for an
action in which the relator is:
a. a woman who was pregnant at the time the woman
obtained or received an abortion-inducing drug that
was manufactured, distributed, mailed, transported,
delivered, prescribed, provided, or possessed in
violation of Section 4 of this act, or
b. the father, sibling, or grandparent of the unborn
child with which the woman described by subparagraph a
of this paragraph was pregnant at the time the woman
obtained or received the abortion-inducing drug; and
2. For an action in which the qui tam relator is a person other
than a person described by subparagraph a or b of paragraph 1 of
this section:
a. the relator receives Ten Thousand Dollars ($10,000.00)
of the total amount awarded pursuant to paragraph 2 of
subsection A of this section, and
b. the remainder of the amount awarded pursuant to
paragraph 2 of subsection A of this section is held in
trust by the relator for the benefit of a charitable
organization designated by the relator, except that
Req. No. 13931 Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the relator may not designate a charitable
organization under this paragraph from which the
relator or any of the relator's family members
receives a salary, stipend, or any type of
remuneration or financial benefit.
C. A court may not award relief pursuant to paragraph 2 or 3 of
subsection A of this section in response to a violation of Section 4
of this act if the defendant demonstrates that:
1. A court previously ordered the defendant to pay an amount
pursuant to paragraph 2 of subsection A of this section in another
action for that particular violation; and
2. The court order described by paragraph 1 of subsection C of
this section has not been vacated, reversed, or overturned.
D. A court may not award costs or attorney fees pursuant to the
Oklahoma Rules of Civil Procedure to a defendant against whom an
action is brought pursuant to Section 6 of this act.
E. Subsection D of this section does not preclude a court from:
1. Awarding sanctions pursuant to Section 2011.1 of Title 12 of
the Oklahoma Statutes, Civil Procedure, of the Oklahoma Statutes; or
2. Sanctioning a litigant or attorney for frivolous, malicious,
or bad-faith conduct.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.58 of Title 63, unless
there is created a duplication in numbering, reads as follows:
Req. No. 13931 Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. This state, a political subdivision of this state, or an
officer or employee of this state or a political subdivision of this
state shall not:
1. Act in concert or participation with a qui tam relator
bringing an action pursuant to Section 6 of this act;
2. Establish or attempt to establish any type of agency or
fiduciary relationship with a qui tam relator bringing an action
pursuant to Section 6 of this act;
3. Attempt to control or influence a person's decision to bring
an action pursuant to Section 6 of this act or that person's conduct
of the litigation; or
4. Intervene in an action brought pursuant to Section 6 of this
act.
B. This section does not prohibit this state, a political
subdivision of this state, or an officer or employee of this state
or a political subdivision of this state from filing an amicus
curiae brief in an action brought pursuant to Section 6 of this act
if this state, the political subdivision, the officer, or the
employee does not act in concert or participation with the qui tam
relator.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.59 of Title 63, unless
there is created a duplication in numbering, reads as follows:
Req. No. 13931 Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. Notwithstanding any other law, including Section 718.5 of
Title 12 of the Oklahoma Statutes, Civil Procedure, the courts of
this state have personal jurisdiction over a defendant sued pursuant
to Section 6 of this act to the maximum extent permitted by the
Fourteenth Amendment to the United States Constitution, and the
defendant may be served outside this state.
B. Notwithstanding any other law, the law of this state applies
to an action brought pursuant to Section 6 of this act to the
maximum extent permitted by the Oklahoma Constitution and federal
law, including the United States Constitution.
C. Notwithstanding any other law, any contractual provision
that requires or purports to require application of the laws of a
different jurisdiction, or that requires or purports to require a
qui tam action pursuant to Section 6 of this act to be litigated in
a particular forum, is void based on this state's public policy and
is not enforceable in any court.
D. Notwithstanding any other law, including the Oklahoma
Citizens Participation Act in Title 12 of the Oklahoma Statutes,
Civil Procedure, does not apply to an action brought pursuant to
Section 6 of this act.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.60 of Title 63, unless
there is created a duplication in numbering, reads as follows:
Req. No. 13931 Page 16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
The Oklahoma Court of Civil Appeals has exclusive intermediate
appellate jurisdiction over any appeal or original proceeding
arising out of an action brought pursuant to Section 6 of this act
in the courts of this state.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.61 of Title 63, unless
there is created a duplication in numbering, reads as follows:
Notwithstanding any other law, a court may not apply the law of
another state or jurisdiction to any qui tam action brought pursuant
to Section 6 of this act unless the Oklahoma Constitution or federal
law compels the court to apply that law.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.62 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. For purposes of this section, the term "clawback provision"
refers to any law of another state or jurisdiction that authorizes
the bringing of a civil action against a person for:
1. Bringing or engaging in an action authorized by this act,
including subsection F of this section;
2. Bringing or engaging in an action that alleges a violation
of Section 4 of this act;
3. Attempting, intending, or threatening to bring or engage in
an action described by paragraph 1 or 2 of subsection A of this
section; or
Req. No. 13931 Page 17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. Providing legal representation or any type of assistance to
a person who brings or engages in an action described by paragraph 1
or 2 of subsection A of this section.
B. Notwithstanding any other law and except as otherwise
provided by federal law or the Oklahoma Constitution, the laws of
this state apply to:
1. Conduct described by subsection A of this section;
2. An action brought against a person for engaging in conduct
described by subsection A of this section;
3. An action brought under a clawback provision against a
resident of this state; and
4. An action brought under subsection F of this section.
C. Notwithstanding any other law, in an action described by
paragraph 1 or 2 of subsection A of this section, the court shall,
on request, issue a temporary, preliminary, or permanent injunction
that restrains each defendant in the action, each person in privity
with the defendant, and each person with whom the defendant is in
active concert or participation from:
1. Bringing an action under any clawback provision against a
claimant or prosecutor, a person in privity with the claimant or
prosecutor, or a person providing legal representation or any type
of assistance to the claimant or prosecutor; and
2. Continuing to litigate an action under any clawback
provision that has been brought against a claimant or prosecutor, a
Req. No. 13931 Page 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
person in privity with the claimant or prosecutor, or a person
providing legal representation or any type of assistance to the
claimant or prosecutor.
D. Notwithstanding any other law, the doctrines of res judicata
and collateral estoppel preclude a defendant against whom a judgment
is entered in an action described by paragraph 1 or 2 of subsection
A of this section and each person in privity with the defendant from
litigating or relitigating any claim or issue under any clawback
provision against a claimant, prosecutor, or person in privity with
the claimant or prosecutor that was raised or could have been raised
as a claim, cross-claim, counterclaim, or affirmative defense under
the federal or this state's rules of civil procedure.
E. On motion and just terms, a state court may relieve a person
from a void out-of-state judgment, order, or proceeding under a
clawback provision or any part of an abortion shield law.
F. Notwithstanding any other law, if an action is brought or
judgment is entered against a person under a clawback provision
based wholly or partly on the person's decision to engage in conduct
described by subsection A of this section, that person is entitled
to injunctive relief and damages from any person who brought the
action or obtained the judgment or who sought to enforce the
judgment. Notwithstanding any other law, the relief described by
this subsection shall include:
Req. No. 13931 Page 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Compensatory damages, including money damages in an amount
equal to the judgment damages and costs, expenses, and reasonable
attorney fees spent in defending the action;
2. Costs, expenses, and reasonable attorney fees incurred in
bringing an action under this subsection;
3. Additional amounts consisting of the greater of:
a. twice the sum of the damages, costs, expenses, and
fees described by paragraph 1 and 2 of this
subsection, or
b. One Hundred Thousand Dollars ($100,000.00); and
4. Injunctive relief that restrains each person who brought the
action under the clawback provision, each person in privity with the
person, and each person acting in concert or participation with the
person from:
a. bringing further actions under any clawback provision
against the person against whom the action was
brought, each person in privity with the person, or
any person providing legal representation or any type
of assistance to the person,
b. continuing to litigate any actions brought under a
clawback provision against the persons described by
subparagraph a of this paragraph, and
c. enforcing or attempting to enforce any judgment
obtained in any actions brought under a clawback
Req. No. 13931 Page 20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
provision against the persons described by
subparagraph a of this paragraph.
G. It is not a defense to an action brought under subsection F
of this section that:
1. The claimant failed to seek recovery under subsection F of
this section in an action brought against the claimant under a
clawback provision; or
2. A court in a preceding action brought against the claimant
declined to recognize or enforce subsection F of this section or
held any provision of subsection F of this section invalid,
unconstitutional, or preempted by federal law, notwithstanding the
doctrines of issue or claim preclusion.
H. Notwithstanding any other law, including the Oklahoma
Citizens Participation Act in Title 12 of the Oklahoma Statutes,
Civil Procedure, does not apply to an action brought under
subsection F of this section.
I. The Oklahoma Court of Civil Appeals has exclusive
intermediate appellate jurisdiction over any appeal or original
proceeding arising out of a civil action brought under subsection F
of this section in the courts of this state.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-756.63 of Title 63, unless
there is created a duplication in numbering, reads as follows:
Req. No. 13931 Page 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
It is the intent of the Legislature that every provision,
section, subsection, sentence, clause, phrase, or word in this act,
and every application of the provisions in this act to every person,
group of persons, or circumstances, is severable from each other.
If any application of any provision in this act to any person, group
of persons, or circumstances is found by a court to be invalid for
any reason, the remaining applications of that provision to all
other persons and circumstances shall be severed and may not be
affected.
SECTION 16. This act shall become effective November 1, 2026.
60-2-13931 TJ 12/17/25