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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1657 By: Daniels
AS INTRODUCED
An Act relating to abortion; defining terms; limiting
applicability of act; providing certain construction;
prohibiting manufacture or provision of abortion-
inducing drugs; limiting effect of prohibition;
providing for and prohibiting certain enforcement;
authorizing certain qui tam actions; specifying
conditions for bringing qui tam action; prohibiting
certain actions and litigation; prohibiting certain
disclosures and access to information; prohibiting
certain deposition orders; specifying deadline for
certain actions; creating and prohibiting certain
affirmative defenses; specifying burden of proof;
directing and prohibiting award of certain relief;
prohibiting certain acts by public entities;
specifying jurisdiction; specifying applicability of
certain provisions; defining term; specifying
applicability of certain laws; directing award of
certain relief; prohibiting enforcement of certain
judgments; prohibiting certain defenses; providing
for codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.61 of Title 63, unless
there is created a duplication in numbering, reads as follows:
1. “Abortion” means the use or prescription of any instrument,
medicine, drug, or any other substance or device intentionally to
terminate the pregnancy of a female known to be pregnant with an
intention other than to increase the probability of a live birth, to
preserve the life or health of the child after live birth, to remove
an ectopic pregnancy, or to remove a dead unborn child who died as
the result of a spontaneous miscarriage, accidental trauma, or a
criminal assault on the pregnant female or her unborn child;
2. “Abortion-inducing drug” means a medicine, drug, or any
other substance prescribed or dispensed with the intent of
terminating the pregnancy of a woman known to be pregnant, with
knowledge that the termination will with reasonable likelihood cause
the death of the unborn child. This includes the off-label use of
drugs known to have abortion-inducing properties, which are
prescribed specifically with the intent of causing an abortion, such
as mifepristone (Mifeprex), misoprostol (Cytotec), and methotrexate.
This definition does not apply to drugs that may be known to cause
an abortion, but which are prescribed for other medical indications,
such as chemotherapeutic agents and diagnostic drugs. The use of
such drugs to induce abortion is also known as “medical”,
“medication”, “RU–486”, “chemical”, “Mifeprex regimen”, or “drug-
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induced” abortion;
3. “Health care facility” means a facility licensed by the
State Department of Health, except the term does not include a
hospital;
4. “Health care provider” means a person who is licensed,
certified, or registered by this state to provide health care
services or a medical group, independent practice association, or
professional corporation providing health care services; and
5. “Hospital” means:
a. a hospital licensed by the State Department of Health
under Section 1-702 of Title 63 of the Oklahoma
Statutes, or
b. a hospital owned, maintained, or operated by this
state.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.62 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. This act does not apply to and a civil action under this act
may not be brought against:
1. A hospital;
2. A health care facility licensed, owned, maintained, or
operated by this state;
3. A health care provider, other than a provider against whom a
qui tam action may be brought in accordance with paragraph 8 of
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subsection D of Section 5 of this act;
4. An Internet service provider or the provider’s affiliates or
subsidiaries;
5. An Internet search engine;
6. A cloud service provider solely providing access or
connection to or from an Internet website or other information or
content on the Internet or on a facility, system, or network that is
not under the provider’s control, including transmission,
downloading, intermediate storage, access software, or other
services; or
7. 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 life-threatening medical condition through
an abortion performed under Section 861 of Title 21 of
the Oklahoma Statutes,
b. removing an ectopic pregnancy,
c. removing a dead, unborn child whose death was caused
by spontaneous abortion, or
d. a purpose that does not include performing, inducing,
attempting, or assisting an abortion, other than an
abortion performed to preserve the life of a pregnant
woman as provided by Section 861 of Title 21 of the
Oklahoma Statutes.
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B. This act may 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 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.63 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
Section 2 of this act, a person may not:
1. Manufacture or distribute an abortion-inducing drug in this
state; or
2. Mail, transport, deliver, prescribe, 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 II of the Oklahoma Constitution;
2. Conduct a pregnant woman engages in during the course of
aborting or attempting to abort the woman’s unborn child;
3. The manufacture, distribution, mailing, transport, delivery,
prescribing, provision, or possession of an abortion-inducing drug
solely for one or more of the purposes described by paragraph 7 of
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subsection A of Section 2 of this act; or
4. Conduct a person engages in under the direction of a federal
agency, contractor, or employee to carry out a duty under federal
law, if prohibiting that conduct would violate the doctrine of
preemption or intergovernmental immunity.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.64 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 under Section 5 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 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.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.65 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
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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 3 of this act; or
2. Intends to violate Section 3 of this act.
B. An action brought under 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 may 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 may not be brought under 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;
2. Against a person acting under the direction of a federal
agency, contractor, or employee who is carrying out a duty under
federal law if the imposition of liability would violate the
doctrine of preemption or intergovernmental immunity;
3. By any person who:
a. impregnated a woman through conduct constituting
sexual assault under Section 112 of Title 21 of the
Oklahoma Statutes,
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b. committed an offense for which an affirmative finding
of domestic abuse was made under Section 644 of Title
21 of the Oklahoma Statutes,
c. provided an abortion-inducing drug to a pregnant woman
for the purpose of performing, inducing, or attempting
an abortion without the woman’s consent or knowledge,
d. has been convicted of an offense under Section 1173 of
Title 21 of the Oklahoma Statutes, or
e. acts in concert or participation with a person
described by this subdivision;
4. Against a transportation network company (TNC) or a TNC
driver for using a transportation network company’s digital network
to provide a prearranged ride. As used in this paragraph, the terms
“transportation network company (TNC)”, “TNC driver”, “digital
network”, and “prearranged ride” have the same meanings as provided
by Section 1011 of Title 47 of the Oklahoma Statutes;
5. Against a courier application service (CAS) or a CAS driver
for using a delivery network company’s digital network to provide
courier service. As used in this paragraph, the terms “courier
application service (CAS)”, “CAS driver”, “digital network”, and
“courier service” have the same meanings as provided by Section 1071
of Title 47 of the Oklahoma Statutes;
6. Against an air carrier conducting domestic or flag
operations under 14 C.F.R., Part 121 or a foreign air carrier
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conducting scheduled operations under 14 C.F.R., Part 129;
7. Against a person to whom this act does not apply and against
whom a civil action under this act may not be brought under
subsection A of Section 2 of this act;
8. Against a health care provider, unless the qui tam relator
pleads and proves that the provider engaged in conduct constituting
a violation of Section 3 of this act while located outside this
state; or
9. Against a pharmaceutical manufacturer, pharmaceutical
distributor, or common carrier, unless the qui tam relator pleads
and proves that the defendant failed to adopt and implement a policy
to not distribute, mail, transport, deliver, provide, or possess
abortion-inducing drugs other than for one or more of the purposes
described by paragraph 7 of subsection A of Section 2 of this act.
E. Notwithstanding any other law, including rules of civil
procedure adopted under 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
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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.
G. Notwithstanding any other law, a court may not order in
response to the filing of a petition by a qui tam relator the taking
of a deposition of a woman who is the subject of a violation of
Section 3 of this act unless the woman consents to the deposition.
H. A person may bring an action under this section not later
than the sixth anniversary of the date the cause of action accrues.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.66 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 5 of this act that the defendant:
1. Was unaware the defendant was engaged in the conduct
prohibited under Section 3 of this act; and
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2. Took reasonable precautions to ensure the defendant would
not violate Section 3 of this act.
B. It is an affirmative defense to an action brought under
Section 5 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
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 5 of this act:
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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. Nonmutual issue preclusion or nonmutual claim preclusion;
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 7 of
subsection A of Section 2 of this act,
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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
7 of subsection A of Section 2 of this act, or
c. a health care provider 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 provider’s employment who
prescribes, distributes, administers, or otherwise
makes available abortion-inducing drugs solely for one
or more of the purposes described by paragraph 7 of
subsection A of Section 2 of this act;
7. A claim that the enforcement of this act or the imposition
of civil liability against the defendant will violate the
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 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.67 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
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action brought under Section 5 of this act, the court shall award to
the relator:
1. Injunctive relief sufficient to prevent the defendant from
violating Section 3 of this act;
2. An amount not less than One Hundred Thousand Dollars
($100,000.00) for each violation of Section 3 of this act, to be
allocated in accordance with subsection B of this section; and
3. Costs and reasonable attorney fees.
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 under
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 3 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 paragraph 1 of this subsection:
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a. the relator receives Ten Thousand Dollars ($10,000.00)
of the total amount awarded under paragraph 2 of
subsection A of this section, and
b. the remainder of the amount awarded under 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
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 under paragraph 2 or 3 of
subsection A of this section in response to a violation of Section 3
of this act if the defendant demonstrates that:
1. A court previously ordered the defendant to pay an amount
under 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 this subsection
has not been vacated, reversed, or overturned.
D. A court may not award costs or attorney fees to a defendant
against whom an action is brought under Section 5 of this act.
E. Subsection D of this section does not preclude a court from
sanctioning a litigant or attorney for frivolous, malicious, or bad-
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faith conduct.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.68 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. This state, a political subdivision of this state, or an
officer or employee of this state or a political subdivision of this
state may not:
1. Act in concert or participation with a qui tam relator
bringing an action under Section 5 of this act;
2. Establish or attempt to establish any type of agency or
fiduciary relationship with a qui tam relator bringing an action
under Section 5 of this act;
3. Attempt to control or influence a person’s decision to bring
an action under Section 5 of this act or that person’s conduct of
the litigation; or
4. Intervene in an action brought under Section 5 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 under Section 5 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.
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SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.69 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Notwithstanding any other law, the courts of this state have
personal jurisdiction over a defendant sued under Section 5 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 under Section 5 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 under Section 5 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, a court may not apply the law
of another state or jurisdiction to any qui tam action brought under
Section 5 of this act unless the Oklahoma Constitution or federal
law compels the court to apply that law.
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SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.70 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 3 of this act;
3. Attempting, intending, or threatening to bring or engage in
an action described by paragraph 1 or 2 of this subsection; or
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 this subsection.
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.
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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
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.
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E. Notwithstanding any other law, a court of this state may not
enforce an out-of-state judgment obtained in an action brought under
a clawback provision unless federal law or the Oklahoma Constitution
requires the court to enforce the judgment.
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 must include:
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 paragraphs 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
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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
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 that subsection invalid, unconstitutional, or
preempted by federal law, notwithstanding the doctrines of issue or
claim preclusion.
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SECTION 11. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-2462 DC 1/13/2026 9:06:25 PM