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Oklahoma Legislature· HB 3798Second Reading referred to Rules

An act relating to state health insurance coverage, the official text

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1                       STATE OF OKLAHOMA

2            2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3798               By: Sneed

4

5

6                       AS INTRODUCED

7   An Act relating to state health insurance coverage;

    amending Section 1, Chapter 150, O.S.L. 2023 (63 O.S.

8   Supp. 2025, Section 2607.1), which relates to

    prohibition against providing gender transition

9   procedures; prohibiting health insurance coverage by

    the state to cover certain procedures; and providing

10  an effective date.

11

12

13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

14  SECTION 1.      AMENDATORY  Section 1, Chapter 150, O.S.L.

15 2023 (63 O.S. Supp. 2025, Section 2607.1), is amended to read as

16 follows:

17  Section 2607.1. A. As used in this section:

18  1. "Child" means any person under eighteen (18) years of age;

19  2. a. "Gender transition procedures" means the following

20              medical or surgical services performed for the purpose

21              of attempting to affirm the minor's perception of his

22              or her gender or biological sex, if that perception is

23              inconsistent with the minor's biological sex:

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    Req. No. 13940                                             Page 1
1   (1) surgical procedures that alter or remove physical

2                   or anatomical characteristics or features that

3                   are typical for the individual's biological sex,

4                   or

5   (2) puberty-blocking drugs, cross-sex hormones, or

6                   other drugs to suppress or delay normal puberty

7                   or to promote the development of feminizing or

8                   masculinizing features consistent with the

9                   opposite biological sex.

10  b. Gender transition procedures do not include:

11  (1) behavioral health care services or mental health

12                  counseling,

13  (2) medications to treat depression and anxiety,

14  (3) medications prescribed, dispensed, or

15                  administered specifically for the purpose of

16                  treating precocious puberty or delayed puberty in

17                  that patient,

18  (4) services provided to individuals born with

19                  ambiguous genitalia, incomplete genitalia, or

20                  both male and female anatomy, or biochemically

21                  verifiable disorder of sex development (DSD),

22                  including but not limited to:

23                  (a) 46,XX DSD,

24                  (b) 46,XY DSD,

    Req. No. 13940                                                Page 2
1                   (c) sex chromosomes DSDs,

2                   (d) XX or XY sex reversal, and

3                   (e) ovotesticular disorder,

4   (5) the treatment of any infection, injury, disease,

5                   or disorder that has been caused by or

6                   exacerbated by the performance of gender

7                   transition procedures, whether or not the gender

8                   transition procedure was performed in accordance

9                   with state and federal law,

10  (6) the treatment of any physical injury or illness

11                  that would, as certified by a physician, place

12                  the individual in imminent danger of death or

13                  impairment of a major bodily function unless such

14                  treatment is performed, or

15                  (7) the provision of puberty-blocking drugs or cross-

16                  sex hormones to a minor currently receiving such

17                  drugs or hormones as of the effective date of

18                  this act May 1, 2023, for a period of not more

19                  than six (6) months solely for the purpose of

20                  assisting the minor with gradually decreasing and

21                  discontinuing use of the drugs or hormones.

22  3. "Health care provider" means a physician, physician

23 assistant, Advanced Practice Registered Nurse, or any other person

24 who is licensed, certified, or otherwise authorized by the laws of

    Req. No. 13940                                               Page 3
1 this state to administer health care in the ordinary course of the

2 practice of his or her profession.

3   B. A health care provider shall not knowingly provide gender

4 transition procedures to any child.

5   C. A health care provider found in violation of subsection B of

6 this section shall, upon an adverse ruling by the provider's

7 respective licensing board, be guilty of unprofessional conduct.

8 Disciplinary proceedings against the health care provider may be

9 commenced at any time after the commission of such offense.

10  D. A health care provider who violates subsection B of this

11 section shall, upon conviction, be guilty of a felony. Prosecution

12 for a criminal violation of subsection B of this section shall be

13 commenced not later than the date on which the child attains the age

14 of forty-five (45) years.

15  E. 1. The parent, legal guardian, or next friend of a child to

16 whom a health care provider has provided one or more gender

17 transition procedures in violation of subsection B of this section

18 may bring a civil action against the health care provider. The

19 parent, legal guardian, or next friend shall bring a claim for the

20 violation no later than the date on which the child attains the age

21 of majority.

22  2. A child to whom a health care provider has provided one or

23 more gender transition procedures may bring an action throughout his

24 or her minority through a parent, legal guardian, or next friend,

    Req. No. 13940                                                 Page 4
1 and may bring an action in his or her own name upon reaching

2 majority at any time until the date on which the child attains the

3 age of forty-five (45) years.

4   3. The court in such action may award compensatory damages,

5 punitive damages, injunctive relief, or any other appropriate

6 relief. Additionally, the court shall award court costs and

7 reasonable attorney fees to a prevailing party who establishes a

8 violation of this section.

9   4. Notwithstanding any other provision of law, an action under

10 this subsection may be commenced, and relief may be granted, in a

11 judicial proceeding without regard to whether the person commencing

12 the action has sought or exhausted available administrative

13 remedies.

14  F. The Attorney General may bring an action to enforce

15 compliance with this act. Nothing in this act shall be construed to

16 deny, impair, or otherwise affect any right or authority of the

17 Attorney General, the state, or an agency, officer, or employee of

18 the state to institute or intervene in any action or proceeding.

19  G. Insurance coverage issued by the State of Oklahoma,

20 including but not limited to, Medicaid, SoonerCare, or a group

21 health insurance plan provided through the state, for the first

22 time, on or after the effective date of this act, for the services

23 described in subparagraph a of paragraph 2 of subsection A of this

24

    Req. No. 13940                                                  Page 5
1 section performed within this state on any minor or adult shall be

2 prohibited.

3   1. A health benefit plan under an insurance policy or other

4 plan providing health care coverage provided through the state,

5 issued for the first time, on or after the effective date of this

6 act, shall not include reimbursement for the services described in

7 subparagraph a of paragraph 2 of subsection A of this section

8 performed on a minor or adult.

9   2. A health benefit plan under an insurance policy or other

10 plan providing health care coverage provided through the state,

11 issued for the first time, on or after the effective date of this

12 act, shall not provide coverage for the services described in

13 subparagraph a of paragraph 2 of subsection A of this section

14 whether performed on a minor or adult.

15  SECTION 2. This act shall become effective November 1, 2026.

16

17  60-2-13940      TJ  12/29/25

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    Req. No. 13940                                                Page 6
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