Oklahoma County District Judge Patricia G. Parrish disagrees with restrictions on abortion and has ruled a law that was passed by the Oklahoma House and Senate and signed by the governor is “unconstitutional.”
House Bill 2684, authored by Dr. Mike Ritze, R-Broken Arrow, and Rep. David Derby, R-Owasso, modified definitions of abortion-inducing drugs. In 2014, it passed the House by a 81-8 vote and in the Senate by a 37-5 count.
HB 2684, as introduced, amended several definitions including abortion inducing drug, abortion, drug label, Mifeprex regimen, mifepristone, misoprostol, and it deletes the term and definition for federal law.
Additionally, only a physician that has the ability to assess the duration of a pregnancy, diagnose ectopic pregnancies, is able to provide or has plans in place to provide surgical care, and has access to medical facilities equipped to provide blood transfusions and resuscitation may provide an abortion inducing drug, including Mifeprex. Patients receiving Mifeprex must be provided the FDA-approved medication guide and final printed labeling.
It was supposed to become law but the liberal Oklahoma Supreme Court put it on hold pending action in district court.
New York-based Center for Reproductive Rights filed the lawsuit for Reproductive Services and called it “an impermissible special law.”
“The attorney general disagrees with the court’s analysis and will appeal the ruling,” said Aaron Cooper, a spokesman for Attorney General Scott Pruitt. “As the attorney general has maintained throughout the course of litigation, the Legislature was within its constitutional authority to take steps to prevent off-label uses of abortion drugs in order to protect the health and safety of Oklahoma women.”
In 2012, liberal Oklahoma Supreme Court rejected a similar law, HB 2780 (passed in 2011).
The out-of-state group, The Center for Reproductive Rights, is also wanting to overturn House Bill 1848, which requires abortionists to have admitting privileges at a general hospital within 30 miles of the facility where the unborn babies are aborted.