Oklahoma Senate Bill SB787

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. Effective date.

Impact

The passage of SB787 would bring significant changes to healthcare protocols concerning gender transition treatments for minors. Advocates for the bill argue that it will safeguard minors from irreversible and potentially harmful medical procedures before they reach an age of maturity to understand such decisions. However, opponents argue that such legislation may interfere with necessary healthcare for transgender minors, potentially leading to adverse mental health outcomes and denying these individuals access to life-affirming medical interventions. Overall, this legislation could severely limit the options available to minors seeking gender affirming care in Oklahoma.

Summary

SB787 is a legislative measure aimed at regulating the provision of gender transition surgery to individuals under 18 years of age in Oklahoma. The bill prohibits healthcare professionals, including physicians, from administering any form of gender transition surgery to minors. The intention behind the bill appears to be focused on protecting the reproductive rights of minors by allowing for potential civil actions against those who provide such procedures. This effectively seeks to establish a framework whereby minors, or their parents until the minors reach adulthood, can initiate legal proceedings if they believe the surgery has negatively impacted their ability to conceive or bear children in the future.

Contention

Notable points of contention surrounding SB787 include the ethical implications of denying medical procedures for transgender minors. Critics maintain that this bill undermines the autonomy of young people and their ability to make informed decisions about their bodies in consultation with healthcare providers. The bill adds a layer of legal complexities by introducing civil action provisions without any statute of limitations, potentially flooding the courts with cases that challenge the legitimacy of procedures performed by healthcare professionals. Furthermore, the rebuttable presumption relating to the loss of fertility adds a controversial legal interpretation that could shift the burden of proof onto healthcare providers and may induce fear of litigation, impacting the willingness of professionals to provide care.

Effective_date

If enacted, SB787 is set to become effective on November 1, 2023.