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STATE OF OKLAHOMA
1st Session of the 59th Legis lature (2023)
HOUSE BILL 2177 By: West (Kevin)
AS INTRODUCED
An Act relating to public health and safety; defining
terms; prohibiting certain health care professionals
from performing or attempting to perform gender
transition procedures; providing exceptions;
prohibiting use of public funds for gender transition
procedures; prohibiting certain gender transition
procedures; defining certain conduct as
unprofessional; requiring revocation of lic ense or
certificate; prescribing statute of limitations for
disciplinary proceedings; authorizing certain claims
or defenses; prescribing statute of limitations;
authorizing civil acti ons by minors; authorizing
civil actions after majority; authorizing cer tain
actions without exhaustion of administrative
remedies; authorizing attorney fees; authorizing
Attorney General to bring enforcement actions;
prohibiting state insurance program reimbursements;
providing for construction of act; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2607 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
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1. "Biological sex" means the biological indication of male and
female in the context of reproductive potential or capacity, su ch as
sex chromosomes, naturally occur ring sex hormones, gonads, and
nonambiguous internal and external genitalia present at birth,
without regard to an individual's psychological, chosen, or
subjective experience of gender ;
2. "Gender" means the psychological, behavioral, social , and
cultural aspects of being male or female;
3. "Health care professional" means a person who is licensed,
certified, or otherwise authorized by the laws of this state to
administer health care in the ordinary course of the p ractice of his
or her profession;
4. "Physician" means a person who is licensed in t his state to
practice medicine; and
5. "Public funds" means state, county, or local government
monies, in addition to any department, agency, or instrumentality
authorized or appropr iated under state law or derived from any fund
in which such monies are deposited.
B. A physician, mental health professiona l, or other health
care professional shall not knowingly engage in or cause a ny of the
following practices to be performed upon any person under eighteen
(18) years of age if the practice is performed for th e purpose of
attempting to alter the appearance of or affirm the minor's
perception of his or her gender or sex, if that appearance or
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perception is inconsistent with the minor's sex as defined in this
act:
1. Prescribing or administering puberty bloc king medication to
stop or delay normal puberty ;
2. Prescribing or administering supraphysi ologic doses of
testosterone or other androgens to females;
3. Prescribing or administering supraphysiologic doses of
estrogen to males;
4. Performing sterilization surgeries , including castration,
vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy;
5. Performing surgeries that artifi cially construct tissue with
the appearance of genitalia that differs from the individual's sex,
including metoidioplasty, phalloplasty, and vaginoplasty; or
6. Removing any healthy or non-diseased body part or tissue,
except for a male circumcision.
C. A physician, mental health professional, or other health
care professional shall not knowingly engage in conduct that aid s or
abets the practices described in subsec tion B of this section to any
person under eighteen (18) years of age. This section may not be
construed to impose liability on any speech or conduct protected by
federal or state law.
D. Subsections B and C of this act do not apply to:
1. Services to persons born with a medically veri fiable
disorder of sex development, including a person with external
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biological sex characteristics that are irresolvably ambiguous, such
as those born with 46 XX chromosomes with virilization, 46 XY
chromosomes with under-virilization, or having both ovar ian and
testicular tissue;
2. Services provided when a physician has otherwise diagn osed a
disorder of sexual development that the physici an has determined,
through genetic or biochemical testing , is caused by the person not
having normal sex chromosomes structure, sex steroid hormone
production, or sex steroid hormo ne action;
3. Treatment of any infection, injury, dis ease, or disorder
that has been caused by or exace rbated by the performance of gender
transition procedures, whether or not the gender transition
procedure was performed in accordance with state and fede ral law or
whether or not funding for the gender tran sition procedure is
permissible under this act; or
4. Any procedure undertaken because the individual suffers from
a physical disorder, physical i njury, or physical illness that
would, as certified by a physician, place the individua l in imminent
danger of death or impairment of major bodily function unle ss such
procedure is performed .
E. It shall be prohibited for any public funds to be directly
or indirectly used, granted, paid, or distributed to any entity,
organization, or individual who provides the services described in
subsection B of this section to any minor or adult. No facility
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that receives public funds shall allow its staff or facilities to be
used to perform the services described in subsections B of this act
on any minor or adult. Any violation of this section shall result
in the loss of public funding to the entity, organization , or
individual for a minimum of one (1) year and shall not be reinstated
until full compliance with this act.
F. 1. Any violation of subsection B or C of this section shall
be considered unprofessional conduct and shall, upon an adverse
ruling by the appropriate licensing board, result in immediate
revocation of the license or certificate of the physician, mental
health professional, or other health care professional .
2. Disciplinary proceedings against the physician , mental
health professional, or health care professional m ust be commenced
not later than the date as of which the individual upon whom the
services described in subsection B of this section were performed
attains forty-five (45) years of age.
3. A person may assert an actual or threatened violation of
this act as a claim or defense in a judicial or administrative
proceeding and obtain compensatory damages, injunctive relief,
declaratory relief, or any other appropriate relief.
4. A person shall bring a claim for a violation of this act no
later than the date of which the individual upon whom the services
described in subsection B of this section were performed attains
forty-five (45) years of age.
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5. An individual under eighteen (18) years of age may bring an
action throughout his or her minority through a parent or next
friend, and may bring an action in his or her own name upon reaching
majority at any time from that point until twenty-seven (27) years
after reaching the age of majority.
6. The Attorney General may bring an action to enforce
compliance with this act. Nothing in this act shall be construed to
deny, impair, or otherwise affe ct any right or authority of the
Attorney General, the state, or a ny agency, officer, or employee of
the state to institute or intervene in any action or proceeding.
7. In any action or proceeding to enforce a provision of this
act, a prevailing party who est ablishes a violation of this act
shall recover reasonable atto rney fees.
G. Insurance coverage for the services described in subsections
B and C of this section performed within this state on any minor or
adult shall be prohibited.
1. A health benefit plan under an insurance policy or other
plan providing health care coverage in this state shall not include
reimbursement for the services described in subsections B and C of
this section whether performed on a minor or adult.
2. A health benefit plan under an insurance policy or other
plan providing health care coverage in this state is not required to
provide coverage for the services described in subsections B of this
act whether performed on a minor or adult.
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H. To the extent the state or any private party is enjoined
from enforcing any part or application of this act, all other parts
or applications of that subsection and all other subsections are
severable and enforceable. It is the Legislature 's intent that any
lawful subsection, application, or part of a subsection remain
enforceable no matter the number of subsections, parts of
subsections, or applications deemed unenforce able. Under no
circumstance should a court c onclude the Legislature intended that
the state or private party be enjoined from enforci ng any
subsection, application, or part of a subsection not deemed
independently unenforceable.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5112 TJ 01/18/23