Text of OK HB 2149 (2025)

Req. No. 10516 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 60th Legislature (2025) HOUSE BILL 2149 By: Hall AS INTRODUCED An Act relating to torts; defining term; creating limitation of action for body dysmorphia affirmation procedures; 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 18A of Title 76, unless there is created a duplication in numbering, reads as follows: A. As used in this section: 1. "Anorexia affirmation procedures" means the following medical or surgical services performed for the purpose of attempting to affirm the perception of a person diagnosed with anorexia nervosa about his or her body weight, if that perception is inconsistent with the actual, current body weight of the person: a. surgical procedures intended to result in weight loss, also known as bariatric surgeries, or b. weight-loss drugs, or other drugs to suppress hunger or appetite; Req. No. 10516 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 2. a. "BIID affirmation procedures" means medical or surgical services performed for the purpose of attempting to affirm the perception of a person diagnosed with Body Integrity Identity Disorder about his or her body, if that perception is inconsistent with the actual, current physique of the person. b. BIID affirmation procedures include surgical procedures that amputate or remove healthy body parts without a clear physical and medical need including, but not limited to, leg, arm, finger, toe, eye, ear, tongue, lip, or nose; 3. a. "Gender transition procedures" means the following medical or surgical services performed for the purpose of attempting to affirm the person's perception of his or her gender or biological sex, if that perception is inconsistent with the person's biological sex: (1) surgical procedures that alter or remove physical or anatomical characteristics or features that are typical for the individual’s biological sex, or (2) puberty-blocking drugs, cross-sex hormones, or other drugs to suppress or delay normal puberty or to promote the development of feminizing or Req. No. 10516 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 masculinizing features consistent with the opposite biological sex. b. Gender transition procedures do not include: (1) behavioral health care services or mental health counseling, (2) medications to treat depression and anxiety, (3) medications prescribed, dispensed, or administered specifically for the purpose of treating precocious puberty or delayed puberty in that patient, (4) services provided to individuals born with ambiguous genitalia, incomplete genitalia, or both male and female anatomy, or biochemically verifiable disorder of sex development (DSD), including but not limited to: (a) 46,XX DSD, (b) 46,XY DSD, (c) sex chromosomes DSDs, (d) XX or XY sex reversal, and (e) ovotesticular disorder, (5) the 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 Req. No. 10516 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 transition procedure was performed in accordance with state and federal law, (6) the treatment of any physical injury or illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of a major bodily function unless such treatment is performed, or (7) the provision of puberty-blocking drugs or cross- sex hormones to a person currently receiving such drugs or hormones as of the effective date of this act for a period of not more than six (6) months solely for the purpose of assisting the person with gradually decreasing and discontinuing use of the drugs or hormones. 4. "Body dysmorphia affirmation procedures" means a general term encompassing gender transition procedures, anorexia affirmation procedures, and BIID affirmation procedures; 5. “Health care provider” means a physician, physician assistant, Advanced Practice Registered Nurse, or any other 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. B. An action for damages for injury or death against any health care provider or hospital licensed under the laws of this state, Req. No. 10516 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 whether based in tort, breach of contract or otherwise, arising out of body dysmorphia affirmation procedures, shall be brought within twenty (20) years of the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury, or condition complained of; provided, however, the minority or incompetency when the cause of action arises shall extend said period of limitation. SECTION 2. This act shall become effective November 1, 2025. 60-1-10516 AQH 01/15/25