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SENATE FLOOR VERSION
March 1, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 129 By: Bullard, Hamilton, Woods,
Burns, Jett, and Stephens
[ health care - public funds, public facilities, and
public employees - codification - effective date -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 2607. 2 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. a. “Gender transition procedure s” means any medical or
surgical treatment including but not limited to
physician’s services, inpatient and outpatient
hospital services, or pr escribed drugs related to
gender transition that seeks to:
(1) alter or remove physical or anatomical
characteristics or features that are typical for
the individual’s biological sex, or
(2) instill or create physiological or anatomical
characteristics that resemble a sex different
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from the individual’s biological sex, including
but not limited to medical services th at provide
puberty-blocking drugs, cross-sex hormones, or
other mechanisms to promote the development of
feminizing or masculinizing features i n the
opposite biological sex, or genital or nongenital
gender reassignment surg ery performed for the
purpose of assisting an individual with a gender
transition.
b. Gender transition procedures do not include :
(1) behavioral health care services or mental health
counseling,
(2) medications to treat depression and anxiety,
(3) medications prescribed, dispensed, o r
administered specifically for the purpose of
treating precocious puberty or delayed puberty in
that patient,
(4) services provided to individua ls born with
ambiguous genitalia, incomplete genitalia, or
both male and female anatomy, or biochemically
verifiable disorder of sex development (DSD),
including but not limited to:
(a) 46,XX DSD,
(b) 46,XY DSD,
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(c) sex chromosomes DSDs,
(d) XX or XY sex reversal, and
(e) ovotesticular disorder, or
(5) the treatment of any infection, in jury, disease,
or disorder that has been caused by or
exacerbated by the performance of gender
transition procedures, whether or not the gender
transition procedure was performed in acc ordance
with state and federal law;
2. “Health care provider” means a physician, physician
assistant, Advanced Practice Registered Nurse, or any other person
who is licensed, certified, or otherwise authorized by the laws of
this state to administer health care in the ordinary course of the
practice of his or her profession; and
3. “Public funds” means state funds from any source including
but not limited to appropriations, apportionments, or revenue
generated by state agencies through fines , fees, or any other means.
B. Public funds shall not be directly or indirectly used,
granted, paid, or distributed to any entity, organization, health
care provider, or individual that prov ides or refers for gender
transition procedures.
C. Gender transition procedure s shall not be provided or
referred for in the following situations :
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1. By or in a health care facility owned b y the state or a
county or local government; or
2. By a health care provider employed by the state or a county
or local government.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preserv ation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 1, 2023 - DO PASS AS AMENDED BY CS