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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1466 By: Sneed
AS INTRODUCED
An Act relating to public health and safety;
providing definitions; prohibiting certain health
care professionals from performing or attem pting to
perform gender transition procedures to certain
individuals; providing exceptions; prescribing
statute of limitations; requiring revocation of
license or certificate; authorizing a finding for
revocation of state li cense for state license
holders; authorizing certain claims; authorizing
civil actions by minors; authorizing civil actions
after majority; authorizing attorney fees; providing
for codification; and providing an effective dat e.
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 2608 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Child" means an individual who is younger than eighteen
(18) years of age;
2. "Health care provider " means a person other than a physician
who is licensed, certified, or otherwise aut horized by this state's
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laws to provide or render health care or to d ispense or proscribe a
prescription drug in the ordinary course of bu siness or practice of
a profession; and
3. "Physician" means a person licensed to practi ce medicine in
this state.
SECTION 2. NEW LAW A new section of law to be codifi ed
in the Oklahoma Statutes as Section 2608.1 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Prohibited provision of gender transitioning or g ender
reassignment procedures and treatments to certain children. For the
purpose of transitioning a child's biological sex as determined by
the sex organs, chromosomes, and endogenous profiles of t he child or
affirming the child's perception of the child 's sex if that
perception is inconsistent with the child 's biological sex, a
physician or health care provider may not:
1. Perform a surgery that sterilizes that child, including:
a. castration,
b. hysterectomy,
c. metoidioplasty,
d. oophorectomy,
e. orchiectomy,
f. penectomy,
g. phalloplasty,
h. vaginoplasty, and
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i. vasectomy;
2. Perform a mastectomy;
3. Prescribe, administer, or supply any of the following
medications that induce transient or permanent infertility:
a. puberty-blocking medication to stop or delay normal
puberty,
b. supraphysiologic doses of t estosterone to females ,
c. supraphysiologic doses of estrogen to males ; or
4. Remove any otherwise healthy or non-diseased body part or
tissue.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 2608.2 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Section 2 of this act does not apply to the provisions by a
physician or health care provider, with the consent of the child's
parent or legal guardian , of appropriate and medi cally necessary
gender transitioning or gender reassignment procedures or treatments
to a child who:
1. Is born with a medically verifiable genetic disorder of sex
development, including:
a. 46,XX chromosomes with virilization ,
b. 46,XY chromosomes with undervirilization, or
c. both ovarian and testicular tissue; or
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2. Does not have the normal sex chromosome structure for male
or female as determined by a phys ician through genetic testing.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2608.3 of Title 63, unless there
is created a duplication in numbering, reads as follows:
The Oklahoma Board of Medical Licensure and Supervision or
another state regulatory a gency with jurisdiction over a health care
provider subject to Section 2608.1 of this act shall revoke the
license, certification, or authorization of a physician or health
care provider who the board or agency determines has violated that
section.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2608.4 of Title 63, unless there
is created a duplication in numbering, reads as f ollows:
A professional liability insurance policy issued to a physician
or health care provider may not include cov erage for damages
assessed against the physician or health ca re provider who provides
to a child gender transitioning or ge nder reassignment procedures or
treatments that are prohibited by Section 2 of this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2608.5 of Title 63, unless there
is created a duplication in num bering, reads as follows :
A court may revoke the license, certification , or authorization
of any person holding a state -issued professional license upon a
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finding, by the court, that a person knowingly engaged in conduct
that aided or abetted the performa nce or inducement of the gender
transition or gender reassignment procedure in violation of this
act.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2608.6 of Title 63, unless there
is created a duplication in num bering, reads as follows:
A. Notwithstanding any other law, the re quirements of this act
shall be enforced exclusively through a private civil action .
B. Any person, other than the state, its political
subdivisions, and any office r or employee of a state or local
governmental entity in this state, may bring a civil act ion against
any person or entity who:
1. Performs or induces the gender transitioning or gender
reassignment procedure in violation of this act; or
2. Knowingly engages in conduct that a ids or abets the
performance or inducement of the gender transitionin g or gender
reassignment procedure in violation of this act .
C. If a claimant prevails in an action brought under this
section, the court shall award:
1. Injunctive relief sufficient to p revent the defendant from
violating this act or engaging in acts that aid or abet violation of
this act;
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2. Statutory damages in an amount of not less than Five Hundred
Thousand Dollars ($500,000.00) for each gender transitioning or
gender reassignment pr ocedure that the defendant performed or
induced in violation of this act, and for each gender tra nsitioning
or gender reassignment procedure performed or induced in violation
of this act that the defendant aided or abetted.
3. Nominal and compensatory damages if the claimant has
suffered harm from the defendan t's conduct including, but not
limited to, loss of consortium and emotional distress; and
4. Court costs and attorney fees.
D. Notwithstanding any other law, a person may bring an a ction
for a violation of this act no later than twenty (2 0) years after
the day the cause of action accrues.
E. A person 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 their own name upon reaching
majority at any time from that point until twenty -five (25) years
after reaching the age of majority.
SECTION 8. This act shall become effective November 1, 2023.
59-1-6879 TJ 01/14/23