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§ 2607.1. Gender transition procedures for minors prohibited--Violations--Penalties--Enforcemen...

Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: May 1, 2023

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 53. Health Services for Minors
Effective: May 1, 2023
63 Okl.St.Ann. § 2607.1
§ 2607.1. Gender transition procedures for minors prohibited--Violations--Penalties--Enforcement
Currentness
A. As used in this section:
1. “Child” means any person under eighteen (18) years of age;
2. a. “Gender transition procedures” means the following medical or surgical services performed for the purpose of attempting to affirm the minor's perception of his or her gender or biological sex, if that perception is inconsistent with the minor'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 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 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,
(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 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 unless such treatment is performed, or
(7) the provision of puberty-blocking drugs or cross-sex hormones to a minor currently receiving such drugs or hormones as of the effective date of this act1 for a period of not more than six (6) months solely for the purpose of assisting the minor with gradually decreasing and discontinuing use of the drugs or hormones.
3. “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. A health care provider shall not knowingly provide gender transition procedures to any child.
C. A health care provider found in violation of subsection B of this section shall, upon an adverse ruling by the provider's respective licensing board, be guilty of unprofessional conduct. Disciplinary proceedings against the health care provider may be commenced at any time after the commission of such offense.
D. A health care provider who violates subsection B of this section shall, upon conviction, be guilty of a felony. Prosecution for a criminal violation of subsection B of this section shall be commenced not later than the date on which the child attains the age of forty-five (45) years.
E. 1. The parent, legal guardian, or next friend of a child to whom a health care provider has provided one or more gender transition procedures in violation of subsection B of this section may bring a civil action against the health care provider. The parent, legal guardian, or next friend shall bring a claim for the violation no later than the date on which the child attains the age of majority.
2. A child to whom a health care provider has provided one or more gender transition procedures 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 upon reaching majority at any time until the date on which the child attains the age of forty-five (45) years.
3. The court in such action may award compensatory damages, punitive damages, injunctive relief, or any other appropriate relief. Additionally, the court shall award court costs and reasonable attorney fees to a prevailing party who establishes a violation of this section.
4. Notwithstanding any other provision of law, an action under this subsection 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 administrative remedies.
F. The Attorney General may bring an action to enforce compliance with this act. Nothing in this act shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the state, or an agency, officer, or employee of the state to institute or intervene in any action or proceeding.

Credits

Laws 2023, c. 150, § 1, emerg. eff. May 1, 2023.

Footnotes

1
O.S.L. 2023, c. 150, emerg. eff. May 1, 2023.
63 Okl. St. Ann. § 2607.1, OK ST T. 63 § 2607.1
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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