Text of OK SB 1730 (2024)
Gender-affirming care; prohibiting certain actions by covered entity without parental consent. Effective date.
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As introduced
4,282 characters
Req. No. 2407
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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1730
By: Dahm
AS INTRODUCED
An Act relating to gender-affirming care; defining
terms; prohibiting certain actions by covered entity
without parental consent; directing certain agencies
to prescribe informed consent form; reserving certain
rights to parent or legal guardian; 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 2607.2 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Covered facility” means:
a.
a residential or inpatient mental health or substance
abuse treatment facility operated by or certified by
the Department of Mental Health and Substance Abuse
Services, or
b.
a residential child care facility as defined in
Section 402 of Title 10 of the Oklahoma Statutes;
Req. No. 2407
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2. “Gender-affirming therapy” means nonmedical and nonsurgical
behavioral health care services or mental health counseling that
focuses on affirming a patient’s perception of his or her gender
identity or biological sex, if that perception is inconsistent with
the patient’s biological sex, and does not try to modify it.
Gender-affirming therapy does not include gender transition
procedures as defined in Section 2607.1 of Title 63 of the Oklahoma
Statutes; and
3. “Social transition” means any intervention, not including
gender-affirming therapy as defined in this section or gender
transition procedures as defined in Section 2607.1 of Title 63 of
the Oklahoma Statutes, to align a person’s appearance, physical
body, or behavior with the person’s perception of his or her gender
or biological sex, if that perception is inconsistent with the
person’s biological sex. Social transition includes, but is not
limited to, changing a person’s name or pronouns, changing the
gender of clothing worn, using speech therapy or other means to
change a person’s voice, or any similar intervention to align a
person’s appearance, physical body, or behavior with the person’s
perception of his or her gender or biological sex, if that
perception is inconsistent with the person’s biological sex.
B. A covered facility or agent thereof shall not:
1. Perform, assist, or cause a social transition of a child in
the custody of the facility; or
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2. Provide gender-affirming therapy to a child in the custody
of the facility,
unless the covered facility or agent has obtained the prior written
informed consent of the child’s parent or legal guardian on a form
prescribed by subsection C of this section.
C. The Department of Mental Health and Substance Abuse Services
and the Department of Human Services shall each prescribe a form for
obtainment and documentation of a parent or legal guardian’s
informed consent to a social transition or gender-affirming therapy
of a child in the custody of a covered facility as required by
subsection B of this section.
D. A parent or legal guardian shall reserve the right to refuse
consent to a social transition or gender-affirming therapy of the
parent or legal guardian’s child as described in this section.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2407
DC
1/16/2024 6:20:50 PM