Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB786

Introduced
2/6/23  

Caption

Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief. Effective date.

Impact

The bill introduces a framework for civil action against healthcare providers who violate these restrictions. Individuals who receive hormone therapy or puberty blockers as minors can potentially bring legal action against the providers, claiming harm related to their reproductive functions. Importantly, this provision allows minors to initiate lawsuits through their parents or guardians, and grants them the right to pursue claims independently once they reach adulthood. The possibility of prolonged legal recourse adds a layer of legal complexity to cases of alleged medical malpractice in this area.

Summary

Senate Bill 786 seeks to limit the provision of certain healthcare services to minors, specifically focusing on hormone therapy and puberty blocking medications. Under this legislation, healthcare professionals are prohibited from administering these treatments unless they are deemed medically necessary, with gender transition not qualifying as a medical necessity. This aspect of the bill emphasizes a restrictive approach towards gender-affirming care for minors, significantly altering current medical practices surrounding youth healthcare in Oklahoma.

Contention

Notably, the inclusion of a rebuttable presumption regarding the capability of minors to bear children further stirs debate. If deemed successful, this presumption could simplify the legal process for plaintiffs claiming they suffered harm due to medical treatments. Detractors argue that this presumption could result in frivolous lawsuits and may have a chilling effect on healthcare providers who wish to administer necessary, albeit controversial, treatments. Overall, the legislation reflects a heightened scrutiny on healthcare practices related to transgender youth, igniting discussions about the limits of state intervention in medical decisions.

Companion Bills

No companion bills found.

Previously Filed As

OK SB786

Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief. Effective date.

OK SB788

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.

OK SB788

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.

OK SB1049

Health care; creating the Wrongful Life Act; prohibiting certain services on a minor; authorizing certain civil actions and damages. Effective date.

OK SB787

Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief. Effective date.

OK SB787

Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief. Effective date.

OK SB789

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.

OK SB789

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.

OK SB613

Health care; prohibiting gender transition procedures for children; authorizing certain civil actions and relief; licensure; adding violations and penalties. Emergency.

OK SB613

Health care; prohibiting gender transition procedures for children; authorizing certain civil actions and relief; licensure; adding violations and penalties. Emergency.

Similar Bills

No similar bills found.