Oklahoma Senate Bill SB788

Oklahoma 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23

Caption

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.

Impact

The bill allows individuals who underwent hormone therapy or puberty-blocking treatments as minors, and subsequently experienced reproductive harm, to file civil lawsuits against their consenting parents or guardians. Notably, there is no statute of limitations for these lawsuits, which could lead to a surge in claims over time. Furthermore, those minors can bring actions either through a guardian during their minority or in their own name once they reach adulthood, potentially creating long-term legal repercussions for parents who consented to such treatments.

Summary

Senate Bill 788 aims to restrict the medical treatment options available to minors in Oklahoma, specifically prohibiting physicians and healthcare professionals from providing hormone therapy and puberty-blocking drugs to individuals under eighteen, unless those treatments are deemed medically necessary. The bill permits parents or legal guardians to make healthcare decisions for their children but explicitly states that consent for these treatments cannot lead to a gender transition being classified as a medical necessity. This change in law could significantly impact the healthcare landscape for minors seeking gender-affirming treatments in the state.

Contention

This legislation has sparked intense debate, with supporters arguing it protects children from making irreversible medical decisions that could affect their futures, while opponents contend it infringes on healthcare autonomy and parental rights. Critics also assert that the bill could lead to serious mental health consequences for transgender minors who are seeking appropriate healthcare. The environment surrounding SB788 suggests a growing conflict on the rights of minors versus parental authority in medical decision-making, making it a pivotal issue within state legislation.