Text of OK HB 1466 (2023)

Req. No. 6879 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 1466 By: Sneed AS INTRODUCED An Act relating to public health and safety; providing definitions; prohibiting certain health care professionals from performing or attempting to perform gender transition procedures to certain individuals; providing exceptions; prescribing statute of limitations; requiring revocation of license or certificate; authorizing a finding for revocation of state license for state license holders; authorizing certain claims; authorizing civil actions by minors; authorizing civil actions after majority; authorizing attorney fees; 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 2608 of Title 63, unless there is created a duplication in numbering, reads as follows: As used in this act: 1. "Child" means an individual who is younger than eighteen (18) years of age; 2. "Health care provider" means a person other than a physician who is licensed, certified, or otherwise authorized by this state's Req. No. 6879 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 laws to provide or render health care or to dispense or proscribe a prescription drug in the ordinary course of business or practice of a profession; and 3. "Physician" means a person licensed to practice medicine in this state. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2608.1 of Title 63, unless there is created a duplication in numbering, reads as follows: A. Prohibited provision of gender transitioning or gender reassignment procedures and treatments to certain children. For the purpose of transitioning a child's biological sex as determined by the sex organs, chromosomes, and endogenous profiles of the child or affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex, a physician or health care provider may not: 1. Perform a surgery that sterilizes that child, including: a. castration, b. hysterectomy, c. metoidioplasty, d. oophorectomy, e. orchiectomy, f. penectomy, g. phalloplasty, h. vaginoplasty, and Req. No. 6879 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 i. vasectomy; 2. Perform a mastectomy; 3. Prescribe, administer, or supply any of the following medications that induce transient or permanent infertility: a. puberty-blocking medication to stop or delay normal puberty, b. supraphysiologic doses of testosterone to females, c. supraphysiologic doses of estrogen to males; or 4. Remove any otherwise healthy or non-diseased body part or tissue. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2608.2 of Title 63, unless there is created a duplication in numbering, reads as follows: A. Section 2 of this act does not apply to the provisions by a physician or health care provider, with the consent of the child's parent or legal guardian, of appropriate and medically necessary gender transitioning or gender reassignment procedures or treatments to a child who: 1. Is born with a medically verifiable genetic disorder of sex development, including: a. 46,XX chromosomes with virilization, b. 46,XY chromosomes with undervirilization, or c. both ovarian and testicular tissue; or Req. No. 6879 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 2. Does not have the normal sex chromosome structure for male or female as determined by a physician through genetic testing. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2608.3 of Title 63, unless there is created a duplication in numbering, reads as follows: The Oklahoma Board of Medical Licensure and Supervision or another state regulatory agency with jurisdiction over a health care provider subject to Section 2608.1 of this act shall revoke the license, certification, or authorization of a physician or health care provider who the board or agency determines has violated that section. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2608.4 of Title 63, unless there is created a duplication in numbering, reads as follows: A professional liability insurance policy issued to a physician or health care provider may not include coverage for damages assessed against the physician or health care provider who provides to a child gender transitioning or gender reassignment procedures or treatments that are prohibited by Section 2 of this act. SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2608.5 of Title 63, unless there is created a duplication in numbering, reads as follows: A court may revoke the license, certification, or authorization of any person holding a state-issued professional license upon a Req. No. 6879 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 finding, by the court, that a person knowingly engaged in conduct that aided or abetted the performance or inducement of the gender transition or gender reassignment procedure in violation of this act. SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2608.6 of Title 63, unless there is created a duplication in numbering, reads as follows: A. Notwithstanding any other law, the requirements of this act shall be enforced exclusively through a private civil action. B. Any person, other than the state, its political subdivisions, and any officer or employee of a state or local governmental entity in this state, may bring a civil action against any person or entity who: 1. Performs or induces the gender transitioning or gender reassignment procedure in violation of this act; or 2. Knowingly engages in conduct that aids or abets the performance or inducement of the gender transitioning or gender reassignment procedure in violation of this act. C. If a claimant prevails in an action brought under this section, the court shall award: 1. Injunctive relief sufficient to prevent the defendant from violating this act or engaging in acts that aid or abet violation of this act; Req. No. 6879 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 2. Statutory damages in an amount of not less than Five Hundred Thousand Dollars ($500,000.00) for each gender transitioning or gender reassignment procedure that the defendant performed or induced in violation of this act, and for each gender transitioning or gender reassignment procedure performed or induced in violation of this act that the defendant aided or abetted. 3. Nominal and compensatory damages if the claimant has suffered harm from the defendant's conduct including, but not limited to, loss of consortium and emotional distress; and 4. Court costs and attorney fees. D. Notwithstanding any other law, a person may bring an action for a violation of this act no later than twenty (20) years after the day the cause of action accrues. E. A person 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 their own name upon reaching majority at any time from that point until twenty-five (25) years after reaching the age of majority. SECTION 8. This act shall become effective November 1, 2023. 59-1-6879 TJ 01/14/23