Bill Summary – FastDemocracy

1                                   STATE OF OKLAHOMA
2                    1st Session of the 59th Legislature (2023)
3    HOUSE BILL 1424                           By: Vancuren
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6                                    AS INTRODUCED
7           An Act relating to school employees; creating an
            Education Employee Assistance Program within the
8           Department of Mental Health and Substance Abuse
            Services; authorizing program to assist school
9           districts in managing certain employees; permitting
            program to provide additional services; requiring
10          program participation to be voluntary; allowing
            Department to contract with certain entities;
11          directing Board of Mental Health and Substance Abuse
            Services to promulgate rules and establish evaluation
12          methods; construing provisions of section; subjecting
            existing programs to compliance with promulgated
13          rules; mandating separate maintenance of program
            records; prescribing records to be confidential and
14          subject to subpoena; providing exception for
            confidentiality; requiring participant to have access
15          to his or her program records; construing provision
            related to school district's disciplinary authority;
16          providing for codification; providing an effective
            date; and declaring an emergency.
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20   BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
21       SECTION 1.       NEW LAW       A new section of law to be codified
22   in the Oklahoma Statutes as Section 5-117.7 of Title 70, unless
23   there is created a duplication in numbering, reads as follows:
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     Req. No. 5805                                                      Page 1
1        A.   An Education Employee Assistance Program shall be created
2    within the Department of Mental Health and Substance Abuse Services.
3    The program may provide assistance to public school districts in the
4    management of employees whose personal problems may have a negative
5    impact on job performance.   The program may also provide for
6    assessment, referral, consultation, and problem resolution
7    assistance to school district employees and their family members
8    seeking corrective help with medical or mental health problems,
9    including alcohol or drug abuse and emotional, marital, familial,
10   financial, or other personal problems.   Participation in the
11   Education Employee Assistance Program shall be voluntary.
12       B.   The Department of Mental Health and Substance Abuse Services
13   may contract with entities to carry out the purposes and functions
14   of the Education Employee Assistance Program and shall establish
15   standards and criteria for entities to be eligible to contract with
16   the Department.
17       C.   The Board of Mental Health and Substance Abuse Services
18   shall:
19       1.   Promulgate rules necessary for the administration of the
20   Education Employee Assistance Program and the maintenance and
21   release of participant records; and
22       2.   Establish evaluation methods to assess the effectiveness of
23   the Education Employee Assistance Program.
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     Req. No. 5805                                                      Page 2
1        D.   Nothing in this section shall nullify a school district's
2    existing employee assistance program or prohibit a school district
3    from establishing its own employee assistance program; provided,
4    however, programs established by school districts shall be subject
5    to compliance with rules promulgated by the Board to ensure
6    equitable treatment of employees.
7        E.   Records related to employee participation in the Education
8    Employee Assistance Program or an employee assistance program
9    established by a school district shall be maintained separately from
10   regular personnel records and shall not become part of an employee's
11   personnel file.   Records related to an individual's participation in
12   an employee assistance program shall be confidential and neither the
13   records nor the testimony of an Education Employee Assistance
14   Program professional shall be subject to subpoena unless a
15   participant poses a threat to deliberately harm others or engage in
16   self-harm.   This determination shall be made by an Education
17   Employee Assistance Program professional.   A participant in an
18   employee assistance program shall have a right to access his or her
19   own employee assistance program records.
20       F.   Nothing in this section or the rules promulgated pursuant to
21   this section shall be construed to conflict with a school district's
22   responsibility and authority to maintain discipline or to take
23   disciplinary measures against employees if appropriate.
24   Participation or nonparticipation in any employee assistance program
     Req. No. 5805                                                     Page 3
1    shall not excuse an employee from discipline or otherwise affect the
2    terms and conditions of the employee's employment status with a
3    school district.
4       SECTION 2.   This act shall become effective July 1, 2023.
5       SECTION 3.   It being immediately necessary for the preservation
6    of the public peace, health or safety, an emergency is hereby
7    declared to exist, by reason whereof this act shall take effect and
8    be in full force from and after its passage and approval.
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10      59-1-5805       EK     12/09/22
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     Req. No. 5805                                                   Page 4