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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2149 By: Hall
AS INTRODUCED
An Act relating to torts; defining term; creating
limitation of action for body dysmorphia affirmation
procedures; providing for codificati on; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 18A of Title 76, unless there is
created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Anorexia affirmation procedures" means the following
medical or surgical services performed for the purpose of attempting
to affirm the perception of a person diagnosed with anorexia nervosa
about his or her body weight, if that perception is inconsistent
with the actual, current body weight of the person:
a. surgical procedures intended to result in weight loss,
also known as bariatric surgeries, or
b. weight-loss drugs, or other drugs to suppress hunger
or appetite;
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2. a. "BIID affirmation procedures " means medical or
surgical services performed for the purpose of
attempting to affirm the perception of a person
diagnosed with Body Integrity Identity Disorder about
his or her body, if that perception is inconsistent
with the actual, current physique of the person .
b. BIID affirmation procedures include surgical
procedures that amputate or remove healthy body parts
without a clear physical and medical need including,
but not limited to, leg, arm, finger, toe, eye, ear,
tongue, lip, or nose;
3. a. "Gender transition procedures " means the following
medical or surgical services performed for the purpose
of attempting to affirm the person's perception of his
or her gender or biolo gical sex, if that perception is
inconsistent with the person's biological sex:
(1) surgical procedures that alter or remove physical
or anatomical characteristics or features that
are typical for the individual’s biological sex,
or
(2) puberty-blocking drugs, cross-sex hormones, or
other drugs to suppress or delay normal puberty
or to promote the development of feminizing or
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masculinizing features consistent with the
opposite biological sex.
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, or
administered specifically for the purpose of
treating precocious puberty or delayed puberty in
that patient,
(4) services provided to individuals born with
ambiguous genitalia, incomplete genital ia, 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,
(c) sex chromosomes DSDs,
(d) XX or XY sex reversal, and
(e) ovotesticular disorder,
(5) the treatment of any infection, injury, disease,
or disorder that has been caused by or
exacerbated by the performance of gender
transition procedures, whether or not the gender
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transition procedure was performed in accordance
with state and federal law ,
(6) the treatment of any physical injury or illness
that would, as certified by a physician, place
the individual in imminent danger of death or
impairment of a major bodily function unl ess such
treatment is performed, or
(7) the provision of puberty -blocking drugs or cross -
sex hormones to a person currently receiving such
drugs or hormones as of the effective date of
this act for a period of not more than six (6)
months solely for the pu rpose of assisting the
person with gradually decreasing and
discontinuing use of the drugs or hormones.
4. "Body dysmorphia affirmation procedures" means a general
term encompassing gender transition procedures, anorexia affirmation
procedures, and BIID a ffirmation procedures ;
5. “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.
B. An action for damages for injury or death against any health
care provider or hospital licensed under the laws of this state,
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whether based in tort, breach of contract or otherwise, arising out
of body dysmorphia affirmation procedures, shall be brought within
twenty (20) years of the date the plaintiff knew or should have
known, through the exercise of reasonable diligence, of the
existence of the death, injury , or condition complained of;
provided, however, the minority or incompetency when the cause of
action arises shall extend said period of limitation.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10516 AQH 01/15/25