1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 1424 By: Vancuren | | | 4| | | | 5| | | | 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. | 17| | | | 18| | | | 19| | | | 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: | | | 24| | | | 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 | | | 4|the management of employees whose personal problems may have a | | | 5|negative impact on job performance. The program may also provide | | | 6|for 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. | | | 24| | | | 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. | | | 9| | | | 10| 59-1-5805 EK 12/09/22 | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 5805 Page 4