Bill Text For HB1424 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 59th Legislature (2023)                |
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 4|HOUSE BILL 1424                      By: Vancuren, Waldron, and        |
  |                                                     Alonso-Sandoval   |
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 8|                            AS INTRODUCED                              |
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 9|       [ school employees - Education Employee Assistance              |
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10|         Program - rules and evaluation methods - program              |
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11|         records  confidentiality - disciplinary authority             |
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12|         codification - effective date       emergency ]               |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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17|in the Oklahoma Statutes as Section 5-117.7 of Title 70, unless        |
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18|there is created a duplication in numbering, reads as follows:         |
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19|    A.  An Education Employee Assistance Program shall be created      |
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20|within the Department of Mental Health and Substance Abuse Services.   |
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21| The program may provide assistance to public school districts in      |
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22|the management of employees whose personal problems may have a         |
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23|negative impact on job performance.  The program may also provide      |
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24|for assessment, referral, consultation, and problem resolution         |
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arsid8159191 HB1424 HFLR                                           Page 1
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 1|assistance to school district employees and their family members       |
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 2|seeking corrective help with medical or mental health problems,        |
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 3|including alcohol or drug abuse and emotional, marital, familial,      |
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 4|financial, or other personal problems.  Participation in the           |
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 5|Education Employee Assistance Program shall be voluntary.              |
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 6|    B.  The Department of Mental Health and Substance Abuse Services   |
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 7|may contract with entities to carry out the purposes and functions     |
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 8|of the Education Employee Assistance Program and shall establish       |
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 9|standards and criteria for entities to be eligible to contract with    |
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10|the Department.                                                        |
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11|    C.  The Board of Mental Health and Substance Abuse Services        |
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12|shall:                                                                 |
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13|    1.  Promulgate rules necessary for the administration of the       |
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14|Education Employee Assistance Program and the maintenance and          |
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15|release of participant records; and                                    |
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16|    2.  Establish evaluation methods to assess the effectiveness of    |
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17|the Education Employee Assistance Program.                             |
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18|    D.  Nothing in this section shall nullify a school district's      |
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19|existing employee assistance program or prohibit a school district     |
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20|from establishing its own employee assistance program; provided,       |
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21|however, programs established by school districts shall be subject     |
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22|to compliance with rules promulgated by the Board to ensure            |
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23|equitable treatment of employees.                                      |
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arsid8159191 HB1424 HFLR                                           Page 2
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 1|    E.  Records related to employee participation in the Education     |
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 2|Employee Assistance Program or an employee assistance program          |
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 3|established by a school district shall be maintained separately from   |
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 4|regular personnel records and shall not become part of an employee's   |
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 5|personnel file.  Records related to an individual's participation in   |
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 6|an employee assistance program shall be confidential and neither the   |
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 7|records nor the testimony of an Education Employee Assistance          |
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 8|Program professional shall be subject to subpoena unless a             |
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 9|participant poses a threat to deliberately harm others or engage in    |
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10|self-harm.  This determination shall be made by an Education           |
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11|Employee Assistance Program professional.  A participant in an         |
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12|employee assistance program shall have a right to access his or her    |
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13|own employee assistance program records.                               |
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14|    F.  Nothing in this section or the rules promulgated pursuant to   |
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15|this section shall be construed to conflict with a school district's   |
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16|responsibility and authority to maintain discipline or to take         |
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17|disciplinary measures against employees if appropriate.                |
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18|Participation or nonparticipation in any employee assistance program   |
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19|shall not excuse an employee from discipline or otherwise affect the   |
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20|terms and conditions of the employee's employment status with a        |
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21|school district.                                                       |
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22|    SECTION 2.  This act shall become effective July 1, 2023.          |
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23|    SECTION 3.  It being immediately necessary for the preservation    |
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24|of the public peace, health or safety, an emergency is hereby          |
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arsid8159191 HB1424 HFLR                                           Page 3
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 1|declared to exist, by reason whereof this act shall take effect and    |
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 2|be in full force from and after its passage and approval.              |
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 4|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated     |
  |03/02/2023 - DO PASS, As Amended and Coauthored.                       |
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arsid8159191 HB1424 HFLR                                           Page 4
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