Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2009 By: Bullard
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6 AS INTRODUCED
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7 An Act relating to assisted reproduction services;
7 defining terms; making certain acts unlawful;
8 mandating reporting of fertility fraud; providing for
8 confidentiality of certain information; making
9 certain individuals and entities liable under certain
9 conditions; requiring certain reports by local law
10 enforcement; requiring certain investigations;
10 providing criminal and administrative penalties;
11 requiring certain post-release conditions for certain
11 offenders; limiting effect of certain provisions of
12 law; granting certain protection to health care
12 providers; providing for codification; and providing
13 an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law to be codified
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18 in the Oklahoma Statutes as Section 1-2230 of Title 63, unless there
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19 is created a duplication in numbering, reads as follows:
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20 A. This section shall be known and may be cited as the
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21 "Protecting Patients Act of 2026".
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22 B. As used in this act:
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23 1. "Assisted reproduction" means a method of causing pregnancy
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24 other than sexual intercourse. The term includes, but is not
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Req. No. 2670 Page 1
1 limited to, intrauterine insemination, donation of eggs, donation of
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2 embryos, in vitro fertilization, transfer of embryos, and
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3 intracytoplasmic sperm injection;
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4 2. "Fertility fraud" means the act of knowingly:
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5 a. misrepresenting the nature, source, or origin of human
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6 reproductive materials used in assisted insemination,
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7 in vitro fertilization, gamete intrafallopian
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8 transfer, zygote intrafallopian transfer, or any other
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9 form of assisted reproduction, or
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10 b. performing assisted reproduction services on a patient
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11 using human reproductive materials from a donor if the
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12 patient has not expressly consented to the use of such
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13 material from that particular donor;
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14 3. "Human reproductive material" means one or more human
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15 gametes or any human deoxyribonucleic acid (DNA) used in or for the
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16 purpose of human reproduction or in the process of performing
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17 assisted reproduction; and
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18 4. "Person" means an individual, corporation, government or
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19 governmental subdivision or agency, business trust, estate, trust,
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20 partnership or association, or any other legal entity.
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21 C. It shall be unlawful for any person to knowingly:
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22 1. Engage in any act of fertility fraud; or
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23 2. Allow or enable the person's own human reproductive
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24 materials or DNA to be used for the purposes of fertility fraud.
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1 Any person who engages in an act described in this paragraph shall
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2 be an accessory to fertility fraud.
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3 D. 1. Every person who has reason to believe that fertility
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4 fraud has occurred at any hospital or other facility where assisted
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5 reproduction services are performed shall promptly report the matter
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6 to local law enforcement. This subsection shall not be construed to
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7 require a victim of fertility fraud or the child of the victim to
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8 report the crime committed against the victim.
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9 2. In reports required by this subsection, local law
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10 enforcement shall keep confidential and redact any information
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11 identifying the reporting individual, the alleged victim, and the
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12 alleged perpetrator unless otherwise ordered by the court or as may
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13 be required for the purposes of interdepartmental or
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14 interjurisdictional investigations of the allegation.
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15 3. Any employer, supervisor, administrator, governing body or
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16 entity who discharges, discriminates against, or retaliates against
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17 an employee or other person for reporting suspected fertility fraud
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18 as required by this subsection shall be liable to the employee or
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19 other person for damages, court costs, and reasonable attorney fees.
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20 E. 1. It shall be the duty of any municipal police department
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21 or sheriff's office that receives a report alleging an offense
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22 involving fertility fraud to provide all such reports to the
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23 Oklahoma State Bureau of Investigation (OSBI).
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1 2. OSBI shall investigate any report alleging that any person
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2 has:
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3 a. engaged in fertility fraud,
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4 b. been an accessory to fertility fraud, or
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5 c. neglected to promptly report an incidence of fertility
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6 fraud as required under subsection D of this section.
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7 F. 1. In addition to any other penalties provided by law, any
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8 person who:
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9 a. commits fertility fraud shall, upon conviction, be
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10 guilty of a felony punishable by imprisonment in the
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11 custody of the Department of Corrections for a term
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12 not less than ten (10) years and not more than life or
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13 life without parole, or
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14 b. is an accessory to fertility fraud or neglects to
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15 report fertility fraud shall, upon conviction, be
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16 guilty of a felony punishable by imprisonment in the
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17 custody of the Department of Corrections for a term
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18 not more than fourteen (14) years and seven (7)
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19 months.
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20 2. If the offender is a health care provider, the appropriate
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21 licensure board shall, immediately upon conviction, permanently
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22 revoke the license of the health care provider and the offender
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23 shall be prohibited from receiving any other type of health care
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1 provider license, certificate, or other credential issued by this
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2 state.
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3 3. Except for persons sentenced to life or life without parole,
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4 any person convicted under subparagraph a of paragraph 1 of this
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5 subsection shall:
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6 a. serve a term of post-imprisonment community
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7 supervision as required by Section 991a of Title 22 of
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8 the Oklahoma Statutes under conditions determined by
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9 the court, and
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10 b. register as a sex offender under the Sex Offenders
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11 Registration Act.
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12 4. In the event that DNA testing leads to the identification of
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13 a person who has violated subsection A of this section, no statute
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14 of limitation that would otherwise preclude the prosecution of an
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15 offense under subsection A of this section shall preclude such
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16 prosecution until a date that is at least ten (10) years after the
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17 date on which the person was identified.
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18 5. Any acts by a health care provider that inadvertently aid in
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19 the commission of fertility fraud shall not be unlawful under this
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20 section if the aid is not provided knowingly.
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21 SECTION 2. This act shall become effective November 1, 2026.
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23 60-2-2670 DC 1/15/2026 9:49:43 AM
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Req. No. 2670 Page 5Every fact on this page links to its source, starting with the official bill record.