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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2009 By: Bullard
AS INTRODUCED
An Act relating to assisted reproduction services;
defining terms; making certain acts unlawful;
mandating reporting of fertility fraud; providing for
confidentiality of certain information; making
certain individuals and entities liable under certain
conditions; requiring certain reports by local law
enforcement; requiring certain investigations;
providing criminal and administrative penalties;
requiring certain post-release conditions for certain
offenders; limiting effect of certain provisions of
law; granting certain protection to health care
providers; 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 to be codified
in the Oklahoma Statutes as Section 1-2230 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. This section shall be known and may be cited as the
“Protecting Patients Act of 2026”.
B. As used in this act:
1. “Assisted reproduction” means a method of causing pregnancy
other than sexual intercourse. The term includes, but is not
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limited to, intrauterine insemination, donation of eggs, donation of
embryos, in vitro fertilization, transfer of embryos, and
intracytoplasmic sperm injection;
2. “Fertility fraud” means the act of knowingly:
a. misrepresenting the nature, source, or origin of human
reproductive materials used in assisted insemination,
in vitro fertilization, gamete intrafallopian
transfer, zygote intrafallopian transfer, or any other
form of assisted reproduction, or
b. performing assisted reproduction services on a patient
using human reproductive materials from a donor if the
patient has not expressly consented to the use of such
material from that particular donor;
3. “Human reproductive material” means one or more human
gametes or any human deoxyribonucleic acid (DNA) used in or for the
purpose of human reproduction or in the process of performing
assisted reproduction; and
4. “Person” means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.
C. It shall be unlawful for any person to knowingly:
1. Engage in any act of fertility fraud; or
2. Allow or enable the person’s own human reproductive
materials or DNA to be used for the purposes of fertility fraud.
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Any person who engages in an act described in this paragraph shall
be an accessory to fertility fraud.
D. 1. Every person who has reason to believe that fertility
fraud has occurred at any hospital or other facility where assisted
reproduction services are performed shall promptly report the matter
to local law enforcement. This subsection shall not be construed to
require a victim of fertility fraud or the child of the victim to
report the crime committed against the victim.
2. In reports required by this subsection, local law
enforcement shall keep confidential and redact any information
identifying the reporting individual, the alleged victim, and the
alleged perpetrator unless otherwise ordered by the court or as may
be required for the purposes of interdepartmental or
interjurisdictional investigations of the allegation.
3. Any employer, supervisor, administrator, governing body or
entity who discharges, discriminates against, or retaliates against
an employee or other person for reporting suspected fertility fraud
as required by this subsection shall be liable to the employee or
other person for damages, court costs, and reasonable attorney fees.
E. 1. It shall be the duty of any municipal police department
or sheriff’s office that receives a report alleging an offense
involving fertility fraud to provide all such reports to the
Oklahoma State Bureau of Investigation (OSBI).
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2. OSBI shall investigate any report alleging that any person
has:
a. engaged in fertility fraud,
b. been an accessory to fertility fraud, or
c. neglected to promptly report an incidence of fertility
fraud as required under subsection D of this section.
F. 1. In addition to any other penalties provided by law, any
person who:
a. commits fertility fraud shall, upon conviction, be
guilty of a felony punishable by imprisonment in the
custody of the Department of Corrections for a term
not less than ten (10) years and not more than life or
life without parole, or
b. is an accessory to fertility fraud or neglects to
report fertility fraud shall, upon conviction, be
guilty of a felony punishable by imprisonment in the
custody of the Department of Corrections for a term
not more than fourteen (14) years and seven (7)
months.
2. If the offender is a health care provider, the appropriate
licensure board shall, immediately upon conviction, permanently
revoke the license of the health care provider and the offender
shall be prohibited from receiving any other type of health care
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provider license, certificate, or other credential issued by this
state.
3. Except for persons sentenced to life or life without parole,
any person convicted under subparagraph a of paragraph 1 of this
subsection shall:
a. serve a term of post-imprisonment community
supervision as required by Section 991a of Title 22 of
the Oklahoma Statutes under conditions determined by
the court, and
b. register as a sex offender under the Sex Offenders
Registration Act.
4. In the event that DNA testing leads to the identification of
a person who has violated subsection A of this section, no statute
of limitation that would otherwise preclude the prosecution of an
offense under subsection A of this section shall preclude such
prosecution until a date that is at least ten (10) years after the
date on which the person was identified.
5. Any acts by a health care provider that inadvertently aid in
the commission of fertility fraud shall not be unlawful under this
section if the aid is not provided knowingly.
SECTION 2. This act shall become effective November 1, 2026.
60-2-2670 DC 1/15/2026 9:49:43 AM