Req. No. 56 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 , Req. No. 56 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 56 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 56 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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