Oklahoma 2023 Regular Session

Oklahoma House Bill HB2177 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2177 Page 1 1
	3	+	HB2177 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2177 By: West (Kevin), Olsen,
30		-	Crosswhite Hader, Gann,
31		-	Conley, and Maynard of the
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2177 By: West (Kevin), Olsen, and
	38	+	Crosswhite Hader of the
32	39		House
33	40
34	41		and
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36	43		Bullard of the Senate
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	46	+
	47	+
	48	+
	49	+	COMMITTEE SUBSTITUTE
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40	51		An Act relating to public health and safety; defining
41	52		terms; prohibiting certain health care professionals
42	53		from performing or attempting to perform gender
43	54		transition procedures; providing exceptions;
44	55		prohibiting use of public funds f or gender transition
45	56		procedures; prohibiting certain gender transition
46	57		procedures; defining certain conduct as
47	58		unprofessional; requiring revocation of license or
48	59		certificate; prescribing statute of limitations for
49	60		disciplinary proceedings; authorizing cert ain claims
50	61		or defenses; prescribing statute of limitations;
51	62		authorizing civil acti ons by minors; authorizing
52	63		civil actions after majority; authorizing certain
53	64		actions without exhaustion of administrative
54	65		remedies; authorizing attorney fees; authorizing
55	66		Attorney General to bring enforcement actions;
56	67		prohibiting state insurance program reimbursements;
57	68		providing for construction of act; providing for
58	69		severability; providing for codification; and
59	70		declaring an emergency .
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	75	+	BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
64	76
65		-
66		-	BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
67		-	SECTION 1. NEW LAW A new section of law t o be codified
68		-	in the Oklahoma Statute s as Section 2607 of Title 63, unless there
69		-	is created a duplication in numbering, reads as follows:
70		-	A. As used in this act:
71		-
72		-	ENGR. H. B. NO. 2177 Page 2 1
	77	+	HB2177 HFLR Page 2
	78	+	BOLD FACE denotes Committee Amendments. 1
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	103	+	SECTION 1. NEW LAW A new section of law t o be codified
	104	+	in the Oklahoma Statute s as Section 2607 of Title 63, unless there
	105	+	is created a duplication in numbering, reads as follows:
	106	+	A. As used in this act:
97	107		1. "Biological sex" means the biological indication of male and
98	108		female in the context of reproductive potential or capacity, such as
99	109		sex chromosomes, naturally occur ring sex hormones, gonads, and
100	110		nonambiguous internal and external genitalia present at birth,
101	111		without regard to an individual's psychological, chosen, or
102	112		subjective experience of gend er;
103	113		2. "Gender" means the psychological, behavioral, social , and
104	114		cultural aspects of being male or female;
105	115		3. "Health care professional" means a person who is licensed,
106	116		certified, or otherwise authorized by the laws of this state to
107	117		administer health care in the ordinary course of the practice of his
108	118		or her profession;
109	119		4. "Physician" means a person who is licensed in t his state to
110	120		practice medicine; and
111	121		5. "Public funds" means state, county, or local government
112	122		monies, in addition to any department, agency, or instrumentality
113	123		authorized or appropriated under state law or derived from any fund
114	124		in which such monies are deposited.
115	125		B. A physician, mental health professi onal, or other health
116	126		care professional shall not knowingly engage in or cause a ny of the
117		-	following practices to be performed upon any person under eighteen
118		-	(18) years of age if the practice is performed for th e purpose of
119		-	attempting to alter the appearance of or affirm the minor's
120		-	perception of his or her gender or biological sex, if that
121	127
122		-	ENGR. H. B. NO. 2177 Page 3 1
	128	+	HB2177 HFLR Page 3
	129	+	BOLD FACE denotes Committee Amendments. 1
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	154	+	following practices to be performed upon any person under eighteen
	155	+	(18) years of age if the practice is performed for th e purpose of
	156	+	attempting to alter the appearance of or affirm the minor's
	157	+	perception of his or her gender or biological sex, if that
147	158		appearance or perception is inconsistent with the minor's biological
148	159		sex as defined in this act:
149	160		1. Prescribing or administering gonadotropin-releasing hormone
150	161		analogues or another synthetic drug used to stop luteinizing hormone
151	162		and follicle-stimulating hormone secretion, synthetic antiandrogen
152	163		drugs used to block the androgen receptor, or any drug to suppress
153	164		or delay normal puberty ;
154	165		2. Prescribing or administering testosterone, estrogen, or
155	166		progesterone to a minor in an amount greater than would normally be
156	167		produced endogenously in a healthy individual of that individu al's
157	168		age and biological sex;
158		-	3. Performing surgeries ~~that sterilize~~, including castration,
	169	+	3. Performing sterilization surgeries , including castration,
159	170		vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy;
160	171		4. Performing surgeries that art ificially construct tissue with
161	172		the appearance of genitalia that differs from the individual's
162	173		biological sex, including metoidioplasty, phalloplasty, and
163	174		vaginoplasty; or
164	175		5. Removing any healthy or non-diseased body part or tissue for
165	176		the purpose of changing the appearance of one's biological sex.
166		-	C. A physician, mental health professional, or other health
167		-	care professional shall not knowingly engage in conduct that a ids or
168		-	abets the practices described in subsec tion B of this section to any
169		-	person under eighteen (18) years of age. This section may not be
170	177
171		-	ENGR. H. B. NO. 2177 Page 4 1
	178	+	HB2177 HFLR Page 4
	179	+	BOLD FACE denotes Committee Amendments. 1
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	204	+	C. A physician, mental health professional, or other health
	205	+	care professional shall not knowingly engage in conduct that a ids or
	206	+	abets the practices described in subsec tion B of this section to any
	207	+	person under eighteen (18) years of age. This section may not be
196	208		construed to impose liability on any speech or con duct protected by
197	209		federal or state law.
198	210		D. Subsections B and C of this section do not apply to:
199	211		1. Services to persons born with a medically veri fiable
200	212		disorder of sex development, including a person with external
201	213		biological sex characteristics that are irresolvably ambiguous, such
202	214		as those born with 46 XX chromosomes with virilization, 46 XY
203	215		chromosomes with under-virilization, or having both ovar ian and
204	216		testicular tissue;
205	217		2. Services provided when a physician has otherwise diagnosed a
206	218		disorder of sexual development that the physici an has determined,
207	219		through genetic or biochemical testing , is caused by the person not
208	220		having normal sex chromosomes structure, sex steroid hormone
209	221		production, or sex steroid hormone action;
210	222		3. Treatment of any infection, injury, disease, or disorder
211		-	that has been caused by or exace rbated by the performance of a
212		-	~~procedure described in s ubsection B of this section~~, whether ~~or not~~
213		-	~~the procedure was~~ performed in accordance with state and ~~federal~~ law
214		-	~~or whether or not~~ funding for the procedure is ~~permissible~~ under
	223	+	that has been caused by or exace rbated by the performance of gender
	224	+	transition procedures, whether the gender transition p rocedure was
	225	+	performed in accordance with state and f ederal law or whether
	226	+	funding for the gender transition procedure is pe rmissible under
215	227		this act;
216		-	4. Any procedure undertaken because the individual suffers from
217		-	a physical disorder, physical injury, or physical illness that
218		-	would, as certified by a physician, place the individual in imminent
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220		-	ENGR. H. B. NO. 2177 Page 5 1
	229	+	HB2177 HFLR Page 5
	230	+	BOLD FACE denotes Committee Amendments. 1
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	255	+	4. Any procedure undertaken because the individual suffers from
	256	+	a physical disorder, physical i njury, or physical illness that
	257	+	would, as certified by a physician, place the individual in imminent
245	258		danger of death or impairment of major bodily function unle ss such
246	259		procedure is performed; or
247	260		5. The six-month period following the effective date of this
248	261		act for individuals who are currently being prescribed medication
249	262		prohibited pursuant to paragraphs 1 and 2 of subsection B of this
250		-	~~section~~ and the services being provided to them by a physician, or
251		-	~~other~~ health care ~~profes sional~~, to help curtail and taper the
252		-	~~hormone- or puberty-~~blocking medication that has ~~been~~ prescribed to
253		-	~~these~~ individuals.
	263	+	act and the services being provided to them by a physician, or other
	264	+	health care professional, to help curtail and taper the hormone or
	265	+	puberty blocking medication that has bee n prescribed to these
	266	+	individuals.
254	267		E. It shall be prohibited for any public funds in this state to
255	268		be directly or indirectly used, granted, paid, or distributed to any
256	269		entity, organization, or individual for the provision of the
257		-	services described in subsection B of this ~~section~~ to any minor or
	270	+	services described in subsection B of this act to any minor or
258	271		adult. No facility that receives p ublic funds shall allow its staff
259	272		or facilities to be used to perform the services described in
260		-	subsection B of this ~~section~~ on any minor or adult. Any violation
261		-	of this section shall result in the loss of public funding to the
	273	+	subsection B of this act on any minor or adult. Any violation of
	274	+	this section shall result in the loss of public funding to the
262	275		entity, organization, or individual for a minimum of one (1) year
263	276		and shall not be reins tated until full compliance with this act.
264	277		F. 1. Any violation of subsections B or C of this section
265	278		shall be considered unprofessional conduct and shall, upon an
266		-	adverse ruling by the appropriate licensing board, result in
267		-	immediate revocation of the li cense or certificate of the physician,
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269		-	ENGR. H. B. NO. 2177 Page 6 1
	280	+	HB2177 HFLR Page 6
	281	+	BOLD FACE denotes Committee Amendments. 1
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	306	+	adverse ruling by the appropriate licensing board, result in
	307	+	immediate revocation of the li cense or certificate of the physician,
294	308		mental health professional, or other health care professional for a
295	309		period of one (1) year .
296	310		2. Disciplinary proceedings against the physician, mental
297	311		health professional, or health care professional m ust be commenced
298	312		not later than the date as of which the individual upon whom the
299	313		services described in subsection B of this section were performed
300	314		attains forty-five (45) years of age.
301	315		3. A person may assert an actual or threatened violation of
302	316		this act as a claim or defense in a judicial or administrative
303	317		proceeding and obtain compensatory damages, injunctive relief,
304	318		declaratory relief, or any other appropriate relief.
305	319		4. A person shall bring a claim for a violation of this act no
306	320		later than the date of which the individual upon whom the services
307	321		described in subsection B of this section were performed attains
308	322		forty-five (45) years of age.
309	323		5. An individual under eighteen (18) years of age may bring an
310	324		action throughout his or her minority through a parent or next
311	325		friend, and may bring an action in his or her own name upon reaching
312	326		majority at any time from that point until twenty-seven (27) years
313	327		after reaching the age of majority.
314	328		6. The Attorney General may bring an action to enforce
315	329		compliance with this act. Nothing in this act shall be construed to
316		-	deny, impair, or otherwise affect any right or authority of the
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318		-	ENGR. H. B. NO. 2177 Page 7 1
	331	+	HB2177 HFLR Page 7
	332	+	BOLD FACE denotes Committee Amendments. 1
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	357	+	deny, impair, or otherwise affect any right or authority of the
343	358		Attorney General, the state, or any agency, officer, or employee of
344	359		the state to institute or intervene in any action or proceeding.
345	360		7. In any action or proceeding to enforce a provision of this
346	361		act, a prevailing party who establishes a violation of this act
347	362		shall recover reasonable att orney fees.
348	363		G. Insurance coverage for the services described in subsections
349	364		B and C of this section performed within this state on any minor or
350	365		adult shall be prohibited.
351	366		1. A health benefit plan under an insurance policy or other
352	367		plan providing health care coverage in this state shall not include
353	368		reimbursement for the services described in subsections B and C of
354	369		this section whether performed on a minor or adult.
355	370		2. A health benefit plan under an insurance policy or other
356	371		plan providing health care coverage in this state is not required to
357	372		provide coverage for the services described in subsection B of this
358	373		section whether performed on a minor or adult.
359	374		H. To the extent the state or any private party is enjoined
360	375		from enforcing any part or application of this act, all other parts
361	376		or applications of that subsection and all other subsections are
362	377		severable and enforceable. It is the Legislature's intent that any
363	378		lawful subsection, application, or part of a subsection remain
364	379		enforceable no matter the number of subsections, parts of
365	380		subsections, or applications deemed unenforce able. Under no
366		-	circumstance should a court c onclude the Legislature intended that
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368		-	ENGR. H. B. NO. 2177 Page 8 1
	382	+	HB2177 HFLR Page 8
	383	+	BOLD FACE denotes Committee Amendments. 1
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	408	+	circumstance should a court c onclude the Legislature intended that
393	409		the state or private party be enjoined from enforcing any
394	410		subsection, application, or part of a subsection not deemed
395	411		independently unenforceable.
396	412		SECTION 2. It being immediately necessary f or the preservation
397	413		of the public peace, health or safety, an emergency is hereby
398	414		declared to exist, by reaso n whereof this act shall take effect and
399	415		be in full force from and after its passage and approval.
400		-	Passed the House of Representatives the 28th day of February,
401		-	2023.
402	416
403		-
404		-
405		-
406		-	Presiding Officer of the House
407		-	of Representatives
408		-
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410		-	Passed the Senate the ____ day of __________, 2023.
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415		-	Presiding Officer of the Sena te
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	417	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 02/20/2023 -
	418	+	DO PASS, As Amended and Coauthored.