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Bill

HB 2945

Abortion-inducing drugs; Protecting Moms and Babies Act; terms; exclusions; manufacture or distribute; mail, transport, deliver, prescribe, or provide; exception; qui tam actions; enforcement of prohibitions; defenses; statute of limitation; remedies; personal jurisdiction and applicability of state law; jurisdiction of appeals; protections from counteractions; severability clause; effective date.

2026 Regular Session Introduced by Brian Guthrie and 1 co-sponsor

Oklahoma bill prohibits abortion-inducing drug manufacture/distribution and enables private lawsuits against violators, likely conflicting with federal law protections.

Referred to Civil Judiciary
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Bill Summary · HB 2945

Legislative bill overview

HB 2945, titled the "Protecting Moms and Babies Act," would prohibit the manufacture, distribution, prescription, and delivery of abortion-inducing drugs in Oklahoma. The bill includes provisions for private citizens to file qui tam lawsuits (citizen enforcement actions) against violators and establishes remedies and enforcement mechanisms.

Why is this important

This legislation directly addresses medication abortion access by creating state-level criminal and civil penalties for those involved in providing mifepristone and misoprostol. The qui tam provision is particularly significant as it empowers private citizens—not just state officials—to enforce the law through lawsuits, potentially creating a broad enforcement mechanism with financial incentives for plaintiffs.

Potential points of contention

  • Federal law conflict: Medication abortion is protected under current federal law; this state-level prohibition would likely face immediate constitutional challenges regarding interstate commerce and federal preemption
  • Qui tam enforcement concerns: Private citizen lawsuits could be weaponized against healthcare providers, patients, and third parties in ways that create chilling effects beyond the stated legislative intent
  • Practical implementation: Enforcement against out-of-state providers and mail delivery raises jurisdictional questions about Oklahoma's ability to regulate conduct occurring outside state borders
  • Medical necessity debate: The bill's definition of "abortion-inducing drugs" and any medical exceptions would significantly impact treatment of miscarriages and other pregnancy complications

Compiled from official sources — confirm details with the bill’s official record.

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