Text of OK SB 614 (2023)
Health care; prohibiting gender reassignment medical treatment for minors; providing for certain civil actions and relief. Emergency.
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As introduced
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Req. No. 56
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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 614
By: Daniels
AS INTRODUCED
An Act relating to health care; defining term;
prohibiting gender reassignment medical treatment for
minors; providing for certain civil actions and
relief; providing for recovery of attorney fees;
providing for codification; and declaring an
emergency.
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, “gender reassignment medical
treatment” means any health care to facilitate the transitioning of
a patient’s assigned gender identity on the patient’s birth
certificate to the gender identity experienced and defined by the
patient.
1. The term includes:
a.
interventions to suppress the development of
endogenous secondary sex characteristics,
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b.
interventions to align the patient’s appearance or
physical body with the patient’s gender identity, and
c.
medical therapies and medical intervention used to
treat gender dysphoria.
2. The term shall not include:
a.
behavioral healthcare services or mental health
counseling,
b.
medications to treat depression and anxiety,
c.
medications prescribed, dispensed, or administered
specifically for the purpose of treating precocious
puberty in that patient, or
d.
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:
(1) 46,XX DSD,
(2) 46,XY DSD,
(3) sex chromosomes DSDs,
(4) XX or XY sex reversal, and
(5) ovotesticular disorder.
B. A physician or other healthcare professional shall not
provide gender reassignment medical treatment to any individual
under eighteen (18) years of age.
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C. 1. The parent, legal guardian, or next friend of an
individual under eighteen (18) years of age upon whom a physician or
other healthcare professional has provided gender reassignment
medical treatment may bring a civil action against the physician or
other healthcare professional and obtain compensatory damages,
injunctive relief, declaratory relief, or any other appropriate
relief.
2. An individual under eighteen (18) years of age upon whom a
physician or other healthcare professional has provided gender
reassignment medical treatment may bring an action throughout his or
her minority through a parent, legal guardian, or next friend, and
may bring an action in his or her own name at any time upon or after
reaching the age of majority.
D. There shall be no time limitation for the commencement of a
civil action brought under this section.
E. Notwithstanding any other provision of law, an action under
this section may be commenced, and relief may be granted, in a
judicial proceeding without regard to whether the person commencing
the action has sought or exhausted available administrative
remedies.
F. In any action or proceeding to enforce a provision of this
section, the court shall award court costs and reasonable attorney
fees to a prevailing party who establishes a violation of this
section.
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SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-56
DC
1/17/2023 7:48:00 PM