1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 628 By: Stephens |
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6| AS INTRODUCED |
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7| An Act relating to conditions of employment; creating |
| the Grandfathered Clause Act; providing short title; |
8| amending 40 O.S. 2021, Section 191, which relates to |
| restrictions on examinations; prohibiting medication |
9| or vaccinations as a condition of continued |
| employment by a business entity prior to certain |
10| date; providing an exception for certain entities; |
| providing for noncodification; and declaring an |
11| emergency. |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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14| SECTION 1. NEW LAW A new section of law not to be |
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15|codified in the Oklahoma Statutes reads as follows: |
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16| This act shall be known and may be cited as the "Grandfathered |
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17|Clause Act". |
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18| SECTION 2. AMENDATORY 40 O.S. 2021, Section 191, is |
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19|amended to read as follows: |
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20| Section 191. A. It shall be unlawful for any person, |
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21|partnership, association, or corporation, either for himself, |
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22|herself, or itself, or in a representative or fiduciary capacity, to |
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23|require any employee or applicant for employment, as a condition of |
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24|employment or continued employment, to submit to, or take, a |
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Req. No. 676 Page 1
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1|physical or medical examination, without providing such examination |
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2|at no cost therefor to such employee or applicant for employment, or |
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3|without furnishing, upon the request of the employee or applicant |
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4|for employment within thirty (30) days after such examination, free |
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5|of charge, to such employee or applicant for employment, a true and |
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6|correct copy, either original or duplicate original, of the |
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7|examiner's report of such examination. It shall further be unlawful |
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8|for any such person, partnership, association, or corporation to |
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9|require any employee or applicant for employment to pay, either |
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10|directly or indirectly, any part of the cost of any such |
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11|examination, report, or copy of report. Provided, that the report |
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12|of any physical examination furnished in accordance with this |
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13|section shall not be made the basis or predicate for any action in |
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14|damages against the physician and surgeon making and furnishing such |
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15|report. |
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16| B. It shall be unlawful for any person, partnership, |
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17|association, or corporation, either for himself, herself, or itself, |
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18|or in a representative or fiduciary capacity, to mandate any |
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19|employee as a condition of continued employment to submit to or take |
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20|any vaccination or medication that has received accelerated approval |
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21|from the United States Food and Drug Administration under 21 C.F.R., |
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22|Part 314, Subpart H or has been approved by the United States Food |
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23|and Drug Administration for less than five (5) years for the |
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24|prevention of COVID-19 and any variant or future variants thereof; |
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1|provided, that the provisions of this subsection shall not apply to |
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2|any person, partnership, association, or corporation that is |
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3|required to mandate such vaccination or medication for the |
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4|prevention of COVID-19 and any variant or future variants thereof as |
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5|a condition of receipt of federal funds or as a condition of |
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6|participation in a federal program. |
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7| SECTION 3. It being immediately necessary for the preservation |
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8|of the public peace, health or safety, an emergency is hereby |
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9|declared to exist, by reason whereof this act shall take effect and |
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10|be in full force from and after its passage and approval. |
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12| 59-1-676 MR 1/18/2023 10:19:29 AM |
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Req. No. 676 Page 3
