Oklahoma § 63-2607.1 - Gender transition procedures for minors prohibited —

§ 63-2607.1. Gender transition procedures for minors prohibited —

Violations — Penalties — Enforcement.

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,

Oklahoma Statutes - Title 63. Public Health and Safety

(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 crosssex hormones to a minor 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 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

Oklahoma Statutes - Title 63. Public Health and Safety

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.

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