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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 788 By: Standridge
AS INTRODUCED
An Act relating to health care; prohibiti ng physician
or other healthcare professi onal from providing
certain services to minor; authorizing certain civil
action; specifying who may bring an action; allowing
unlimited time period for commencement of an action
subject to certain conditions; creating certain
rebuttable presumption; provid ing for dismissal of
cause of action under certain condition; authorizing
award of certain dama ges or relief; providing for
recovery of court costs a nd reasonable attorney fees;
creating certain criminal offense and penalty;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2607.3 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A parent or legal guardian shall not consent , on behalf of
any individual under eighteen (18) years of age for whom the parent
or legal guardian has the authority to make medical decisions, to
the provision of the following treatments by a physician or other
healthcare professional :
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1. Hormone therapy; or
2. Puberty blocking drugs, unless such drugs are medically
necessary. For the purpose of this paragraph, a gender transition
shall not constitute medical necessity.
B. If a person received hormone therapy or a puberty blocking
drug while such person was under eighteen (18) years of age and if
the hormone therapy or puberty blocking drug caused the person to
not be able to enjoy the natural reproductivity functions of child
bearing and rearing that the person would have enjoyed if not for
the hormone therapy or puberty blocking drug , the person may bring
an action against his or her parent or legal guardian who consented
to the hormone therapy or puberty b locking drug on behalf of the
minor.
C. If the person is under eighteen (18) years of age, he or she
may bring an action:
1. Throughout their minority through a parent or legal
guardian, provided that the parent or le gal guardian is not the same
parent or legal guardian who consented t o hormone therapy or a
puberty blocking drug on behalf of the minor; and
2. In their own name upon reaching majority .
D. 1. Notwithstanding any othe r provision of law, there shall
be no time limitation for the commencemen t of an action brought
under this section except as provided by this subsection.
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2. There shall be a rebuttable presumption that the plaintiff ,
based solely on his or her age, would be capable of bearing children
if not for the hormone therapy or puberty blocking drug.
3. If the presumption described in paragraph 2 of this
subsection is successfully rebutted, the court shall dismiss the
cause of action.
E. A plaintiff who establishes a viol ation of subsection A of
this section and who can show that he or she has suffered harm as
described in subsection B of this section may be granted:
1. Compensatory damages appropriate to the loss of natural
reproductivity functions as described in subsection B of this
section;
2. Punitive damages; or
3. Any other appropriate relief.
F. A plaintiff who establishes a violation of subsection A of
this act and who can show that he or she has suffered harm as
described in subsection B of this section shall recover court costs
and reasonable attorney fees.
G. In addition to the other remedies provided by this
subsection, a parent or legal guardian found to have violated
subsection A of this section, in cases where there are potentially
grave long-term effects on the child, shall, upon conviction, be
guilty of child abuse punishable as provided in Section 843.5 of
Title 21 of the Oklahoma Statutes.
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SECTION 2. This act shall become effec tive November 1, 2023.
59-1-792 DC 1/18/2023 7:25:18 PM