Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB614 Latest Draft

Bill / Introduced Version Filed 01/17/2023

                             
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 59th Legislature (2023) 
 
SENATE BILL 614 	By: Daniels 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to health care; defining ter m; 
prohibiting gender reassignment medical treatment for 
minors; providing for certain civil actions and 
relief; providing for recovery of attorney fees; 
providing for codification; and de claring an 
emergency. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new s ection of law to be co dified 
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, “gender reassignment medical 
treatment” means any health care to facilitate the transitioning of 
a patient’s assigned gender identity on the patient ’s birth 
certificate to the gender identity experienced and defined by the 
patient. 
1.  The term includes: 
a. interventions to suppress the development of 
endogenous secondary sex characteristics ,   
 
 
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b. interventions to align the patient ’s appearance or 
physical body with the patient ’s gender identity, and 
c. medical therapies and medic al intervention used to 
treat gender dysphoria. 
2.  The term shall not include: 
a. behavioral healthcare services or mental health 
counseling, 
b. medications to treat depression and anxiety, 
c. medications prescribed, dispensed, or administered 
specifically for the purpose of treating precocious 
puberty in that patient, or 
d. services provided to individua ls born with ambiguou s 
genitalia, incomplete genitalia, or both male a nd 
female anatomy, or biochemically verifiable disorder 
of sex development (DSD), including bu t not limited 
to: 
(1) 46,XX DSD, 
(2) 46,XY DSD, 
(3) sex chromosomes DSDs, 
(4) XX or XY sex reversal, and 
(5) ovotesticular disorder. 
B.  A physician or other healthcare professional shall not 
provide gender reassignment medical treatment to any individual 
under eighteen (18) years of age.   
 
 
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C. 1.  The parent, legal guardian, or next friend of an 
individual under eighteen (18) years of age upon whom a physician or 
other healthcare professional has provided gender reassignment 
medical treatment may bring a civil action against the physician or 
other healthcare profess ional and obtain compensatory damages , 
injunctive relief, declaratory relief, or any other appropriate 
relief. 
2.  An individual under eighteen (18) years of age upon whom a 
physician or other healthcare professional has provided gender 
reassignment medical treatment may bring an action throughout his or 
her minority through a parent, legal guardian, or next friend, and 
may bring an action in his or her own name at any time upon or after 
reaching the age of majority. 
D.  There shall be no time limitation for the commencement of a 
civil action brought under this section. 
E.  Notwithstanding any other provision of law, an actio n under 
this section may be commenced, and relief may be granted, in a 
judicial proceeding without regard to whether the person commencing 
the action has sought or exhausted available admin istrative 
remedies. 
F.  In any action or proceeding to enforce a pr ovision of this 
section, the court shall award court costs and reasonable attorney 
fees to a prevailing party who establishes a violation of this 
section.   
 
 
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SECTION 2.  It being immediately necessary for the preservation 
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. 
 
59-1-56 DC 1/17/2023 7:48:00 PM