SB 1728 creates the Unborn Person Wrongful Death Act. The measure modifies provisions related to awarding damages resulting from wrongful deaths. Parents and grandparents of unborn children may seek damages against a physician if an abortion is performed:
– Without the consent of the pregnant woman,
– In which the pregnant woman is a minor,
– Resulting in mental or physical harm to the pregnant woman, – Without screenings to determine potential risk factors, or
– In violation of other state laws.
Physicians may not waive liability prior to performing the abortion. Recoverable damages may not include the cost of the abortion. Lastly, the measure removes the exclusion of legal abortions and acts committed during diagnostic testing or treatment from deaths which may constitute recoverable damages.
HB 3350 provides a Cost of Living Adjustment to members of the Oklahoma Firefighters Pension and Retirement System, Oklahoma Police Pension and Retirement System, Uniform Retirement System for Justices and Judges, Teachers’ Retirement System of Oklahoma, and the Oklahoma Public Employees Retirement System as of June 30, 2019, ho continues to receive benefits on or after July 1, 2020. The increases are as follows:
1) 0% if the person has been retired for less than 2 years as of July 1, 2020
2) 2% if the person has been retired for less than 5 years as of July 1, 2020
3) 4% if the person has been retired for 5 or more years as of July 1, 2020
The measure also provides that if the emergency clause is not approved, the effect of the COLA shall come into effect on November 1, 2020, provided, however, that the benefit increases shall be paid for the months of July, August, September and October by each applicable retirement system.
The bill further changes appointment criteria for the Director of ODOT, making the position an appointment of the Governor and serving at the pleasure of the Governor. The Director could also be removed by a 2/3 vote of each chamber of the Legislature.
The Department is directed to promulgate rules for licensure, including determining scope of practice, a formulary of prescription drugs midwives may administer, procedures for obtaining informed consent, qualifications, continuing education requirements, penalties, and fees. Applicants must be certified by either the North American Registry of Midwives or the American Midwifery Certification Board. Application fees may not exceed $1,000 and licenses will be valid for three years. The Department is directed to maintain a public list of licensed midwives.
Practicing midwives must provide disclosure to potential clients containing information related to their credentials, malpractice insurance, and plan for emergency or complication, including the selection of a hospital. Midwives must advise medical consultation for women at risk for complicated pregnancy or delivery. Physicians or Certified Nurse-Midwives directing midwives are immune for liability if the midwife fails to comply with the order.
Lastly, the act creates the Advisory Committee on Midwifery, which is directed to advise in the formulation of regulatory rules. The Advisory Committee’s membership will consist of health care providers knowledgeable in midwifery. The Advisory Committee will sunset in 2026.