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