Text of OK HB 2177 (2023)

Req. No. 5112 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 2177 By: West (Kevin) AS INTRODUCED An Act relating to public health and safety; defining terms; prohibiting certain health care professionals from performing or attempting to perform gender transition procedures; providing exceptions; prohibiting use of public funds for gender transition procedures; prohibiting certain gender transition procedures; defining certain conduct as unprofessional; requiring revocation of license or certificate; prescribing statute of limitations for disciplinary proceedings; authorizing certain claims or defenses; prescribing statute of limitations; authorizing civil actions by minors; authorizing civil actions after majority; authorizing certain actions without exhaustion of administrative remedies; authorizing attorney fees; authorizing Attorney General to bring enforcement actions; prohibiting state insurance program reimbursements; providing for construction of act; 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 2607 of Title 63, unless there is created a duplication in numbering, reads as follows: A. As used in this act: Req. No. 5112 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 1. "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as 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. "Gender" means the psychological, behavioral, social, and cultural aspects of being male or female; 3. "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; 4. "Physician" means a person who is licensed in this state to practice medicine; and 5. "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, mental health professional, or other health care professional shall not knowingly engage in or cause any of the following practices to be performed upon any person under eighteen (18) years of age if the practice is performed for the purpose of attempting to alter the appearance of or affirm the minor's perception of his or her gender or sex, if that appearance or Req. No. 5112 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 perception is inconsistent with the minor's sex as defined in this act: 1. Prescribing or administering puberty blocking medication to stop or delay normal puberty; 2. Prescribing or administering supraphysiologic doses of testosterone or other androgens to females; 3. Prescribing or administering supraphysiologic doses of estrogen to males; 4. Performing sterilization surgeries, including castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy; 5. Performing surgeries that artificially construct tissue with the appearance of genitalia that differs from the individual's sex, including metoidioplasty, phalloplasty, and vaginoplasty; or 6. Removing any healthy or non-diseased body part or tissue, except for a male circumcision. C. A physician, mental health professional, or other health care professional shall not knowingly engage in conduct that aids or abets the practices described in subsection B of this section to any person under eighteen (18) years of age. This section may not be construed to impose liability on any speech or conduct protected by federal or state law. D. Subsections B and C of this act do not apply to: 1. Services to persons born with a medically verifiable disorder of sex development, including a person with external Req. No. 5112 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 biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with under-virilization, or having both ovarian and testicular tissue; 2. Services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined, through genetic or biochemical testing, is caused by the person not having normal sex chromosomes structure, sex steroid hormone production, or sex steroid hormone action; 3. 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 4. 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. E. It shall be prohibited for any public funds to be directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual who provides the services described in subsection B of this section to any minor or adult. No facility Req. No. 5112 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 that receives public funds shall allow its staff or facilities to be used to perform the services described in subsections B of this act on any minor or adult. Any violation of this section shall result in the loss of public funding to the entity, organization, or individual for a minimum of one (1) year and shall not be reinstated until full compliance with this act. F. 1. Any violation of subsection B or C of this section shall be considered unprofessional conduct and shall, upon an adverse ruling by the appropriate licensing board, result in immediate revocation of the license or certificate of the physician, mental health professional, or other health care professional. 2. Disciplinary proceedings against the physician, mental health professional, or health care professional must be commenced not later than the date as of which the individual upon whom the services described in subsection B of this section were performed attains forty-five (45) years of age. 3. 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. 4. A person shall bring a claim for a violation of this act no later than the date of which the individual upon whom the services described in subsection B of this section were performed attains forty-five (45) years of age. Req. No. 5112 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 5. 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-seven (27) years after reaching the age of majority. 6. The Attorney General may bring an action to enforce compliance with this act. Nothing in this act shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the state, or any agency, officer, or employee of the state to institute or intervene in any action or proceeding. 7. 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 attorney fees. G. Insurance coverage for the services described in subsections B and C of this section performed within this state on any minor or adult 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 the services described in subsections B and C of this section whether performed on a minor or adult. 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 the services described in subsections B of this act whether performed on a minor or adult. Req. No. 5112 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 H. To the extent the state or any private party is enjoined from enforcing any part or application of this act, all other parts or applications of that subsection and all other subsections are severable and enforceable. It is the Legislature's intent that any lawful subsection, application, or part of a subsection remain enforceable no matter the number of subsections, parts of subsections, or applications deemed unenforceable. Under no circumstance should a court conclude the Legislature intended that the state or private party be enjoined from enforcing any subsection, application, or part of a subsection not deemed independently unenforceable. SECTION 2. This act shall become effective November 1, 2023. 59-1-5112 TJ 01/18/23