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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1777 By: Dahm
AS INTRODUCED
An Act relating to public programs; defining terms;
prohibiting public funding for provi der of gender
transition procedures; allowing ineligible provider
to reapply for funding under certain conditions;
requiring Oklahoma Health Care Authority to publish
certain findings; providing certain construction;
providing for codification; and declaring an
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 1005.11 of Title 56, unless
there is created a duplication in numbering, reads as follows:
A. For purposes of this section:
1. “Provider” means a provider of services for compensation;
2. “Affiliate” means an entity which licenses the use of a
trademark or other recognized n ame to the provider, and which
exercises control over the use of part or all of the pr ovider’s
name, or any entity so l icensed or controlled; and
3. a. “Gender transition procedures” means any medical or
surgical service, including but not limited to
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physician’s services, inpatient and out patient
hospital services, or pr escribed drugs related to
gender transition that seeks to:
(1) alter or remove physica l or anatomical
characteristics or features that are typical for
the individual’s biological sex, or
(2) instill or create physiological o r anatomical
characteristics that resemble a sex different
from the individual’s biological sex, including
but not limited to medical services that 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 surgery pe rformed for the
purpose of assisting an individual with a gender
transition.
b. Gender transition proc edures do not include:
(1) services to persons born with a medically
verifiable disorder of sex development, including
a person with external biological s ex
characteristics that are irresolvably ambiguous,
such as those born with 46 XX chromosomes with
virilization, 46 XY chromosomes with
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undervirilization, or having both ovarian and
testicular tissue,
(2) services provided when a physician has otherwise
diagnosed a disorder of sexual development by
determining through genetic or biochemical
testing that the person does not have normal sex
chromosome structure, sex steroid hormone
production, or sex steroid hormone action,
(3) the treatment of any infection, injury, di sease,
or disorder that has been caused by or
exacerbated by the perform ance of gender
transition procedures , whether or not the gender
transition procedure was performed in acc ordance
with state and federal law, or
(4) any procedure undertaken because the individual
suffers from a physical disorder, physic al
injury, or physical illness that would, as
certified by a physician, place the indivi dual in
imminent danger of death or i mpairment of major
bodily function unless surgery is performed.
B. No provider shall be eligible for reimbursement through
Medicaid or any other feder al or state program or any other fun ding
from any political subdivision of this state including but not
limited to cities, towns, municipalities , or counties, directly or
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by subcontract with any other party, if that provider, or any
affiliate of that provid er, performs gender transition proc edures.
C. Any providers found to be ineligible for reimbursement or
other funding pursuant to this section shall be able to reapply
after a period of five (5) years and a showing that they and their
affiliates no longer participate in gender transition procedures.
D. Within sixty (60) calendar days of receipt of a compla int of
a violation under this section, the Oklahoma Health Care Authority
shall publish the findings of its investigation of the co mplaint and
issue a determination of whether a provider has committed a
violation of the provisions of this section. Nothing in this
section shall preclude other law enforcement entities or a party in
qui tam litigation from initiat ing action regarding this section.
SECTION 2. It being immediately necessary for the pr eservation
of the public peace, health or sa fety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after it s passage and approval .
59-2-3353 DC 1/17/2024 1:55:45 PM