1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 788 By: Standridge
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6 AS INTRODUCED
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7 An Act relating to health care; prohibiting physician
7 or other healthcare professional from providing
8 certain services to minor; authorizing certain civil
8 action; specifying who may bring an action; allowing
9 unlimited time period for commencement of an action
9 subject to certain conditions; creating certain
10 rebuttable presumption; providing for dismissal of
10 cause of action under certain condition; authorizing
11 award of certain damages or relief; providing for
11 recovery of court costs and reasonable attorney fees;
12 creating certain criminal offense and penalty;
12 providing for codification; and providing an
13 effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law to be codified
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18 in the Oklahoma Statutes as Section 2607.3 of Title 63, unless there
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19 is created a duplication in numbering, reads as follows:
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20 A. A parent or legal guardian shall not consent, on behalf of
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21 any individual under eighteen (18) years of age for whom the parent
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22 or legal guardian has the authority to make medical decisions, to
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23 the provision of the following treatments by a physician or other
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24 healthcare professional:
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 1 1. Hormone therapy; or
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2 2. Puberty blocking drugs, unless such drugs are medically
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3 necessary. For the purpose of this paragraph, a gender transition
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4 shall not constitute medical necessity.
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5 B. If a person received hormone therapy or a puberty blocking
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6 drug while such person was under eighteen (18) years of age and if
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7 the hormone therapy or puberty blocking drug caused the person to
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8 not be able to enjoy the natural reproductivity functions of child
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9 bearing and rearing that the person would have enjoyed if not for
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10 the hormone therapy or puberty blocking drug, the person may bring
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11 an action against his or her parent or legal guardian who consented
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12 to the hormone therapy or puberty blocking drug on behalf of the
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13 minor.
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14 C. If the person is under eighteen (18) years of age, he or she
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15 may bring an action:
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16 1. Throughout their minority through a parent or legal
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17 guardian, provided that the parent or legal guardian is not the same
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18 parent or legal guardian who consented to hormone therapy or a
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19 puberty blocking drug on behalf of the minor; and
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20 2. In their own name upon reaching majority.
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21 D. 1. Notwithstanding any other provision of law, there shall
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22 be no time limitation for the commencement of an action brought
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23 under this section except as provided by this subsection.
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 1 2. There shall be a rebuttable presumption that the plaintiff,
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2 based solely on his or her age, would be capable of bearing children
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3 if not for the hormone therapy or puberty blocking drug.
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4 3. If the presumption described in paragraph 2 of this
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5 subsection is successfully rebutted, the court shall dismiss the
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6 cause of action.
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7 E. A plaintiff who establishes a violation of subsection A of
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8 this section and who can show that he or she has suffered harm as
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9 described in subsection B of this section may be granted:
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10 1. Compensatory damages appropriate to the loss of natural
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11 reproductivity functions as described in subsection B of this
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12 section;
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13 2. Punitive damages; or
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14 3. Any other appropriate relief.
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15 F. A plaintiff who establishes a violation of subsection A of
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16 this act and who can show that he or she has suffered harm as
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17 described in subsection B of this section shall recover court costs
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18 and reasonable attorney fees.
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19 G. In addition to the other remedies provided by this
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20 subsection, a parent or legal guardian found to have violated
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21 subsection A of this section, in cases where there are potentially
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22 grave long-term effects on the child, shall, upon conviction, be
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23 guilty of child abuse punishable as provided in Section 843.5 of
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24 Title 21 of the Oklahoma Statutes.
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 1 SECTION 2. This act shall become effective November 1, 2023.
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3 59-1-792 DC 1/18/2023 7:25:18 PM
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