Text of OK HB 1377 (2023)

Req. No. 5428 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 1377 By: Gann AS INTRODUCED An Act relating to public health and safety; creating the Oklahoma Save Adolescents from Experimentation (SAFE) Act; defining terms; imposing duties and requirements; establishing liability; providing legal remedies; creating restrictions; 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 2606 of Title 63, unless there is created a duplication in numbering, reads as follows: This act shall be known and may be cited as the "Oklahoma Save Adolescents from Experimentation (SAFE) Act". SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2607 of Title 63, unless there is created a duplication in numbering, reads as follows: A. As used in this section: 1. "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as Req. No. 5428 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen or subjective experience of gender; 2. "Cross-sex hormones" means testosterone or other androgens given to biological females in amounts that are larger or more potent than would normally occur naturally in healthy biological females and estrogen given to biological males in amounts that are larger or more potent than would normally occur naturally in healthy biological males; 3. "Gender" means the psychological, behavioral, social, and cultural aspects of being male or female; 4. "Gender reassignment surgery" means any medical or surgical service that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual's biological sex, in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including, but not limited to, genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with gender transition; 5. "Gender transition" means the process in which a person goes from identifying and living as a gender that corresponds to his or her biological sex to identifying and living as a gender different Req. No. 5428 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 from his or her biological sex, and may involve social, legal or physical changes; 6. "Gender transition procedures" means any medical or surgical service, including, but not limited to, physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to: a. alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex, or b. instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including, but not limited to, medical services that provide puberty- blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital reassignment surgery performed for the purpose of assisting an individual with a gender transition. Gender transition procedures do not include: a. services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX Req. No. 5428 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 chromosomes with virilization, 46 XY chromosomes with under virilization, or having both ovarian and testicular tissue, b. services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosomes structure, sex steroid hormone production or sex steroid hormone action, c. treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law or whether or not funding for the gender transition procedure is permissible under this act, or d. any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless such procedure is performed; Req. No. 5428 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7. "Genital gender reassignment surgery" means a medical procedure performed for the purpose of assisting an individual with a gender transition, including, but not limited to: a. surgical procedures such as penectomy, orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty for biologically male patients or hysterectomy or ovariectomy for biologically female patients, b. reconstruction of the fixed part of the urethra with or without a metoidioplasty, or c. phalloplasty, vaginectomy, scrotoplasty or implantation of erection or testicular prostheses for biologically female patients; 8. "Health care professional" means a person who is licensed, certified or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; 9. "Nongenital gender reassignment surgery" means medical procedures performed for the purpose of assisting an individual with a gender transition including, but not limited to: a. surgical procedures for biologically male patients, such as augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation, Req. No. 5428 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 hair reconstruction or various aesthetic procedures, or b. surgical procedures for biologically female patients, such as subcutaneous mastectomy, voice surgery, liposuction, lipofilling, pectoral implants, or various aesthetic procedures; 10. "Physician" means a person who is licensed in this state to practice medicine; 11. "Puberty-blocking drugs" means gonadotropin-releasing hormone analogues or other synthetic drugs used in biological males to stop luteinizing hormone secretion and therefore testosterone secretion or synthetic drugs used in biological females which stop the production of estrogen and progesterone when used to delay or suppress pubertal development in children for the purpose of assisting an individual with a gender transition; and 12. "Public funds" means state, county, or local government monies, in addition to any department, agency or instrumentality authorized or appropriated under state law or derived from any fund in which such monies are deposited. B. A physician or other health care professional shall not provide gender transition procedures to any individual under eighteen (18) years of age. C. A physician or other health care professional shall not refer any individual under eighteen (18) years of age to any Req. No. 5428 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 physician or health care professional for gender transition procedures. D. It shall be prohibited for any public monies to be directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual who provides gender transition procedures to an individual under eighteen (18) years of age. E. Any referral for or provision of gender transition procedures to an individual under eighteen (18) years of age shall be considered unprofessional conduct and is subject to disciplinary action by the appropriate licensing body or disciplinary review board with jurisdiction in this state. 1. A person may assert an actual or threatened violation of this act as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief or any other appropriate relief. 2. A person shall bring a claim for a violation of this act no later than two (2) years after the day the cause of action occurs. 3. An individual under eighteen (18) years of age may bring an action throughout his or her minority through a parent or next friend, and may bring an action in his or her own name upon reaching majority at any time from that point until twenty (20) years after reaching the age of majority. Req. No. 5428 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. In any action or proceeding to enforce a provision of this act, a prevailing party who establishes a violation of this act shall recover reasonable attorneys' fees. F. Insurance coverage for gender transition procedures within this state for individuals under eighteen (18) years of age shall be prohibited. 1. A health benefit plan under an insurance policy or other plan providing health care coverage in this state shall not include reimbursement for gender transition procedures for a person under eighteen (18) years of age. 2. A health benefit plan under an insurance policy or other plan providing health care coverage in this state is not required to provide coverage for gender transition procedures. SECTION 3. This act shall become effective November 1, 2023. 59-1-5428 TJ 12/05/22