Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB789

Introduced
2/6/23  

Caption

Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief; creating certain criminal offense and penalty. Effective date.

Impact

The implications of SB 789 on state law are profound, as it alters the existing framework surrounding consent for medical procedures involving minors. The elimination of parental consent for gender transition surgeries entails potential legal consequences for parents, including claims of child abuse in specific circumstances. This bill creates a legal avenue for minors to seek damages related to reproductive health, effectively shifting responsibility and accountability for healthcare decisions from guardians to the state and medical providers.

Summary

Senate Bill 789 prohibits healthcare professionals from providing gender transition surgery to individuals under the age of eighteen. It establishes that consent cannot be given by a parent or legal guardian for such procedures, setting a significant legal precedent regarding healthcare for minors. Furthermore, the bill offers a mechanism for civil action that allows individuals who underwent the surgery as minors to sue their parents or guardians. Eligible plaintiffs can bring an action either throughout their minority through a different parent or in their own name upon reaching adulthood.

Contention

The bill has generated significant debate among lawmakers, stakeholders, and advocacy groups. Supporters argue that it is necessary to protect minors from irreversible medical decisions. Opponents assert that it infringes on parental rights and the autonomy of medical decision-making. Concerns have been raised about the potential psychological impact on minors who may have to navigate these legal challenges post-transition, as well as the implications for healthcare providers who could face civil action for performing procedures that they are authorized to conduct under existing laws.

Companion Bills

OK SB789

Carry Over Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief; creating certain criminal offense and penalty. Effective date.

Previously Filed As

OK SB1049

Health care; creating the Wrongful Life Act; prohibiting certain services on a minor; authorizing certain civil actions and damages. Effective date.

OK SB1049

Health care; creating the Wrongful Life Act; prohibiting certain services on a minor; authorizing certain civil actions and damages. Effective date.

OK SB1912

Health care; creating the Wrongful Life Act; prohibiting physician or other health care professional from providing certain services to a minor. Effective date.

OK SB317

Occupation certification; allowing for certain certifications; requiring certain registration; permitting certain participation; authorizing certain termination; prohibiting certain action. Effective date.

OK SB317

Occupation certification; allowing for certain certifications; requiring certain registration; permitting certain participation; authorizing certain termination; prohibiting certain action. Effective date.

OK SB1727

Social media; authorizing certain cause of action against social media companies; establishing criteria to recover certain damages; authorizing certain rebuttable presumption. Effective date.

OK SB2130

Relating to the regulation of certain transactions and activities involving the provision of veterinary services; authorizing civil penalties; creating criminal offenses.

OK SB513

Oklahoma Riot Control and Prevention Act; prohibiting certain entities from taking certain actions and authorizing certain activity during state of emergency. Effective date.

OK SB513

Oklahoma Riot Control and Prevention Act; prohibiting certain entities from taking certain actions and authorizing certain activity during state of emergency. Effective date.

OK SB1543

Driving under the influence; authorizing aggregation of certain offenses; creating felony offense. Effective date.

Similar Bills

No similar bills found.