ENROLLED HOUSE
BILL NO. 1796 By: Osburn and Waldron of the House
and
Seifried of the Senate
An Act relating to state government; amending 74 O.S. 2021,
Section 840-2.10, which relates to the State Employee Assistance Program;
authorizing the Oklahoma Department of Mental Health and Substance Abuse
Services to enter into certain agreements; and providing an effective date.
SUBJECT: State government
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1.
AMENDATORY 74 O.S. 2021,
Section 840-2.10, is amended to read as follows:
Section 840-2.10 A. There is hereby created a State Employee
Assistance Program within the Department of Mental Health and Substance Abuse
Services. All functions, powers, duties,
funds and obligations of the Office of Management and Enterprise Services in
administration of the State Employee Assistance Program shall be transferred to
the Department. The program may provide
assistance to state agencies in their management of employees whose personal
problems may have a negative impact on job performance. The program may also provide for assessment,
referral, consultation, and problem resolution assistance to state employees
and their family members seeking corrective help with medical or mental health
problems, including alcohol or drug abuse and emotional, marital, familial,
financial or other personal problems.
Participation in the State Employee Assistance Program shall be on a
voluntary basis.
B.
The Department may enter into contracts which are necessary and proper
to carry out the purposes and functions of the State Employee Assistance
Program and establish standards and criteria which shall be met by entities to
be eligible to contract with the Department.
C.
The Commissioner of the Department is hereby directed to:
1.
Promulgate rules necessary for the administration of the State Employee
Assistance Program and the maintenance and release of participant records; and
2.
Establish evaluation methods to assess the effectiveness of the State
Employee Assistance Program.
D.
Nothing in this act is intended to nullify any agency's existing
employee assistance program or to prohibit any state agency from establishing
its own employee assistance program; provided, however, such programs
established by state agencies shall be subject to compliance with rules
promulgated by the Commissioner of the Department to ensure equitable treatment
of employees.
E.
Records that relate to participation by an individual in the State
Employee Assistance Program or an employee assistance program established by a state
agency shall be maintained separate and apart from regular personnel records
and shall not become part of an employee's personnel file. Such records relating to an individual's
participation in an employee assistance program shall be confidential and
neither the records nor the testimony of an Employee Assistance Program
professional shall be subject to subpoena unless a participant poses a threat
to deliberately harm the participant or others.
Such determination shall be made by an Employee Assistance Program
professional. A participant in an
employee assistance program shall have a right of access to his or her own
employee assistance program records.
F. No provision of this
section or the rules promulgated pursuant to this section shall be construed to
conflict with an appointing authority's responsibility and authority to
maintain discipline or to take disciplinary measures against employees for
misconduct or unacceptable performance.
Further, participation or nonparticipation in any state employee
assistance program shall not excuse an employee from discipline or otherwise
affect the terms and conditions of such employee's employment status or
opportunities for advancement with the state.
G. The Legislature and
the judicial branch of state government may utilize the services of the State
Employee Assistance Program at their discretion.
H. The Oklahoma
Department of Mental Health and Substance Abuse Services is authorized to enter
into agreements to serve as a vendor with public sector employers wishing to
offer employment assistance programs or services to its employees.
SECTION 2.
This act shall become effective November 1, 2023.
Passed the
House of Representatives the 7th day of March, 2023.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 24th day of April, 2023.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By: _________________________________