Bill Text For SB0129 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            March 1, 2023                              |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR                                                                    |
 4|SENATE BILL NO. 129                  By: Bullard, Hamilton, Woods,     |
  |                                         Burns, Jett, and Stephens     |
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 7|       [ health care - public funds, public facilities, and            |
  |       public employees - codification - effective date -              |
 8|           emergency ]                                                 |
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10|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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11|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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12|in the Oklahoma Statutes as Section 2607.2 of Title 63, unless there   |
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13|is created a duplication in numbering, reads as follows:               |
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14|    A.  As used in this section:                                       |
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15|    1.   a.    "Gender transition procedures" means any medical or     |
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16|              surgical treatment including but not limited to          |
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17|              physician's services, inpatient and outpatient           |
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18|              hospital services, or prescribed drugs related to        |
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19|              gender transition that seeks to:                         |
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20|              (1)   alter or remove physical or anatomical             |
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21|                   characteristics or features that are typical for    |
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22|                   the individual's biological sex, or                 |
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23|              (2)   instill or create physiological or anatomical      |
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24|                   characteristics that resemble a sex different       |
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 1|                   from the individual's biological sex, including     |
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 2|                   but not limited to medical services that provide    |
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 3|                   puberty-blocking drugs, cross-sex hormones, or      |
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 4|                   other mechanisms to promote the development of      |
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 5|                   feminizing or masculinizing features in the         |
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 6|                   opposite biological sex, or genital or nongenital   |
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 7|                   gender reassignment surgery performed for the       |
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 8|                   purpose of assisting an individual with a gender    |
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 9|                   transition.                                         |
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10|         b.    Gender transition procedures do not include:            |
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11|              (1)   behavioral health care services or mental health   |
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12|                   counseling,                                         |
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13|              (2)   medications to treat depression and anxiety,       |
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14|              (3)   medications prescribed, dispensed, or              |
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15|                   administered specifically for the purpose of        |
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16|                   treating precocious puberty or delayed puberty in   |
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17|                   that patient,                                       |
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18|              (4)   services provided to individuals born with         |
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19|                   ambiguous genitalia, incomplete genitalia, or       |
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20|                   both male and female anatomy, or biochemically      |
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21|                   verifiable disorder of sex development (DSD),       |
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22|                   including but not limited to:                       |
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23|                   (a)   46,XX DSD,                                    |
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24|                   (b)   46,XY DSD,                                    |
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arsid4547732 SENATE FLOOR VERSION - SB129 SFLR                     Page 2
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 1|                   (c)   sex chromosomes DSDs,                         |
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 2|                   (d)   XX or XY sex reversal, and                    |
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 3|                   (e)   ovotesticular disorder, or                    |
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 4|              (5)   the treatment of any infection, injury, disease,   |
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 5|                   or disorder that has been caused by or              |
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 6|                   exacerbated by the performance of gender            |
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 7|                   transition procedures, whether or not the gender    |
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 8|                   transition procedure was performed in accordance    |
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 9|                   with state and federal law;                         |
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10|    2.  "Health care provider" means a physician, physician            |
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11|assistant, Advanced Practice Registered Nurse, or any other person     |
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12|who is licensed, certified, or otherwise authorized by the laws of     |
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13|this state to administer health care in the ordinary course of the     |
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14|practice of his or her profession; and                                 |
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15|    3.  "Public funds" means state funds from any source including     |
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16|but not limited to appropriations, apportionments, or revenue          |
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17|generated by state agencies through fines, fees, or any other means.   |
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18|    B.  Public funds shall not be directly or indirectly used,         |
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19|granted, paid, or distributed to any entity, organization, health      |
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20|care provider, or individual that provides or refers for gender        |
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21|transition procedures.                                                 |
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22|    C.  Gender transition procedures shall not be provided or          |
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23|referred for in the following situations:                              |
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arsid4547732 SENATE FLOOR VERSION - SB129 SFLR                     Page 3
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 1|    1.  By or in a health care facility owned by the state or a        |
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 2|county or local government; or                                         |
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 3|    2.  By a health care provider employed by the state or a county    |
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 4|or local government.                                                   |
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 5|    SECTION 2.  This act shall become effective July 1, 2023.          |
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 6|    SECTION 3.  It being immediately necessary for the preservation    |
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 7|of the public peace, health or safety, an emergency is hereby          |
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 8|declared to exist, by reason whereof this act shall take effect and    |
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 9|be in full force from and after its passage and approval.              |
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10|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS                       |
  |March 1, 2023 - DO PASS AS AMENDED BY CS                               |
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