Text of OK SB 789 (2023)
Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief; creating certain criminal offense and penalty. Effective date.
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As introduced
4,539 characters
Req. No. 793
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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 789
By: Standridge
AS INTRODUCED
An Act relating to health care; prohibiting physician
or other healthcare professional from providing
certain services to minor; authorizing certain civil
action; specifying who may bring an action; allowing
unlimited time period for commencement of an action
subject to certain conditions; creating certain
rebuttable presumption; providing for dismissal of
cause of action under certain condition; authorizing
award of certain damages or relief; providing for
recovery of court costs and reasonable attorney fees;
creating certain criminal offense and penalty;
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 2607.4 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A parent or legal guardian shall not consent, on behalf of
any individual under eighteen (18) years of age for whom the parent
or legal guardian has the authority to make medical decisions, to
the provision of gender transition surgery.
Req. No. 793
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B. If a person received gender transition surgery while such
person was under eighteen (18) years of age and if the gender
transition surgery caused the person to not be able to enjoy the
natural reproductivity functions of child bearing and rearing that
the person would have enjoyed if not for the gender transition
surgery, the person may bring an action against his or her parent or
legal guardian who consented to the gender transition surgery on
behalf of the minor.
C. If the person is under eighteen (18) years of age, he or she
may bring an action:
1. Throughout their minority through a parent or legal
guardian, provided that the parent or legal guardian is not the same
parent or legal guardian who consented to gender transition surgery
on behalf of the minor; and
2. In their own name upon reaching majority.
D. 1. Notwithstanding any other provision of law, there shall
be no time limitation for the commencement of an action brought
under this section except as provided by this subsection.
2. There shall be a rebuttable presumption that the plaintiff,
based solely on his or her age, would be capable of bearing children
if not for the gender transition surgery.
3. If the presumption described in paragraph 2 of this
subsection is successfully rebutted, the court shall dismiss the
cause of action.
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E. A plaintiff who establishes a violation of subsection A of
this section and who can show that he or she has suffered harm as
described in subsection B of this section may be granted:
1. Compensatory damages appropriate to the loss of natural
reproductivity functions as described in subsection B of this
section;
2. Punitive damages; or
3. Any other appropriate relief.
F. A plaintiff who establishes a violation of subsection A of
this act and who can show that he or she has suffered harm as
described in subsection B of this section shall recover court costs
and reasonable attorney fees.
G. In addition to the other remedies provided by this
subsection, a parent or legal guardian found to have violated
subsection A of this section, in cases where there are potentially
grave long-term effects on the child, shall, upon conviction, be
guilty of child abuse punishable as provided in Section 843.5 of
Title 21 of the Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2023.
59-1-793
DC
1/18/2023 7:26:21 PM