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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3798 By: Sneed
AS INTRODUCED
An Act relating to state health insurance coverage;
amending Section 1, Chapter 150, O.S.L. 2023 (63 O.S.
Supp. 2025, Section 2607.1), which relates to
prohibition against providing gender transition
procedures; prohibiting health insurance coverage by
the state to cover certain procedures; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 150, O.S.L.
2023 (63 O.S. Supp. 2025, Section 2607.1), is amended to read as
follows:
Section 2607.1. A. As used in this section:
1. "Child" means any person under eighteen (18) years of age;
2. a. "Gender transition procedures" means the following
medical or surgical services performed for the purpose
of attempting to affirm the minor's perception of his
or her gender or biological sex, if that perception is
inconsistent with the minor's biological sex:
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(1) surgical procedures that alter or remove physical
or anatomical characteristics or features that
are typical for the individual's biological sex,
or
(2) puberty-blocking drugs, cross-sex hormones, or
other drugs to suppress or delay normal puberty
or to promote the development of feminizing or
masculinizing features consistent with the
opposite biological sex.
b. Gender transition procedures do not include:
(1) behavioral health care services or mental health
counseling,
(2) medications to treat depression and anxiety,
(3) medications prescribed, dispensed, or
administered specifically for the purpose of
treating precocious puberty or delayed puberty in
that patient,
(4) services provided to individuals born with
ambiguous genitalia, incomplete genitalia, or
both male and female anatomy, or biochemically
verifiable disorder of sex development (DSD),
including but not limited to:
(a) 46,XX DSD,
(b) 46,XY DSD,
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(c) sex chromosomes DSDs,
(d) XX or XY sex reversal, and
(e) ovotesticular disorder,
(5) the treatment of any infection, injury, disease,
or disorder that has been caused by or
exacerbated by the performance of gender
transition procedures, whether or not the gender
transition procedure was performed in accordance
with state and federal law,
(6) the treatment of any physical injury or illness
that would, as certified by a physician, place
the individual in imminent danger of death or
impairment of a major bodily function unless such
treatment is performed, or
(7) the provision of puberty-blocking drugs or cross-
sex hormones to a minor currently receiving such
drugs or hormones as of the effective date of
this act May 1, 2023, for a period of not more
than six (6) months solely for the purpose of
assisting the minor with gradually decreasing and
discontinuing use of the drugs or hormones.
3. "Health care provider" means a physician, physician
assistant, Advanced Practice Registered Nurse, or any other person
who is licensed, certified, or otherwise authorized by the laws of
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this state to administer health care in the ordinary course of the
practice of his or her profession.
B. A health care provider shall not knowingly provide gender
transition procedures to any child.
C. A health care provider found in violation of subsection B of
this section shall, upon an adverse ruling by the provider's
respective licensing board, be guilty of unprofessional conduct.
Disciplinary proceedings against the health care provider may be
commenced at any time after the commission of such offense.
D. A health care provider who violates subsection B of this
section shall, upon conviction, be guilty of a felony. Prosecution
for a criminal violation of subsection B of this section shall be
commenced not later than the date on which the child attains the age
of forty-five (45) years.
E. 1. The parent, legal guardian, or next friend of a child to
whom a health care provider has provided one or more gender
transition procedures in violation of subsection B of this section
may bring a civil action against the health care provider. The
parent, legal guardian, or next friend shall bring a claim for the
violation no later than the date on which the child attains the age
of majority.
2. A child to whom a health care provider has provided one or
more gender transition procedures may bring an action throughout his
or her minority through a parent, legal guardian, or next friend,
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and may bring an action in his or her own name upon reaching
majority at any time until the date on which the child attains the
age of forty-five (45) years.
3. The court in such action may award compensatory damages,
punitive damages, injunctive relief, or any other appropriate
relief. Additionally, the court shall award court costs and
reasonable attorney fees to a prevailing party who establishes a
violation of this section.
4. Notwithstanding any other provision of law, an action under
this subsection may be commenced, and relief may be granted, in a
judicial proceeding without regard to whether the person commencing
the action has sought or exhausted available administrative
remedies.
F. The Attorney General may bring an action to enforce
compliance with this act. Nothing in this act shall be construed to
deny, impair, or otherwise affect any right or authority of the
Attorney General, the state, or an agency, officer, or employee of
the state to institute or intervene in any action or proceeding.
G. Insurance coverage issued by the State of Oklahoma,
including but not limited to, Medicaid, SoonerCare, or a group
health insurance plan provided through the state, for the first
time, on or after the effective date of this act, for the services
described in subparagraph a of paragraph 2 of subsection A of this
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section performed within this state on any minor or adult shall be
prohibited.
1. A health benefit plan under an insurance policy or other
plan providing health care coverage provided through the state,
issued for the first time, on or after the effective date of this
act, shall not include reimbursement for the services described in
subparagraph a of paragraph 2 of subsection A of this section
performed on a minor or adult.
2. A health benefit plan under an insurance policy or other
plan providing health care coverage provided through the state,
issued for the first time, on or after the effective date of this
act, shall not provide coverage for the services described in
subparagraph a of paragraph 2 of subsection A of this section
whether performed on a minor or adult.
SECTION 2. This act shall become effective November 1, 2026.
60-2-13940 TJ 12/29/25