Bill Text For HB1424 - Introduced

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