Adults in Oklahoma would no longer be barred from receiving gender-affirming care by a bill that advanced to the Senate.
While lawmakers amended the bill on the House floor, gutting most of the original language, including a provision that sought to ban Oklahoma adults from accessing the treatment, some critics voiced concerns that the new language could prevent children experiencing gender dysphoria from accessing mental health counseling.
House Bill 3130, authored by Rep. Kevin West, R-Moore, would change what is considered a gender transition procedure in state law and allows health care providers who violate the ban to be pursued for punitive damages.
The measure aims to build on a state law that bans gender affirming procedures for minors. Current law offers several exemptions of what is included in “gender transition procedures.”
West’s bill removes behavioral health care services or mental health counseling as an exception.
While existing law prevents health care providers from providing gender affirming procedures for minors, the bill would bar them from performing, attempting to perform, or referring a minor for this care.
The bill also expands the definition of health care provider to include psychologists, counselors, therapists, social workers and behavioral health practitioners.
West said the legislation is “about protecting taxpayer dollars” and was a request bill from himself. He said minors could still talk with mental health professionals about their feelings regarding gender, but the care could not be “affirming.”
“When you start getting into the affirmation, and you have somebody who doesn’t necessarily agree with that being forced into having those conversations, one sided against their beliefs, is where I felt it necessary to include them in this bill,” West said.
He said the bill would only prohibit “affirming counseling.”
The bill allows a plaintiff to seek “punitive damages” for against practitioners who violate this measure or individuals who “knowingly aid or abet the performance or referral of a gender transition procedure on a child.”
Rep. Michelle McCane, D-Tulsa, said she is “exhausted” by talking about this topic with people who “haven’t done their due diligence.” This legislation could put children at higher risk of suicide and self-harm, she said.
House Minority Leader Cyndi Munson, D-Oklahoma City, told reporters Thursday she was most concerned about the change removing behavioral and mental health care for minors.
“I heard over the years, and I’m not going to name names, of people saying that it’s a mental illness,” said Rep. Jacob Rosecrants, D-Norman. “If you believe that, then why in the world would you prevent counseling? Because that’s what this bill does. It doesn’t make any sense.”
The House on Wednesday night sent the bill to the Senate for consideration with a 71-21 vote. Three Republicans voted with Democrats against the measure.
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