1| STATE OF OKLAHOMA |
| |
2| 1st Session of the 59th Legislature (2023) |
| |
3|SENATE BILL 994 By: Jett |
| |
4| |
| |
5| |
| |
6| AS INTRODUCED |
| |
7| An Act relating to conditions of employment; amending |
| 40 O.S. 2021, Section 191, which relates to |
8| restrictions on examinations; prohibiting |
| vaccinations as a condition of employment; modifying |
9| references; allowing voluntary compliance with |
| employer recommendation for vaccinations; requiring |
10| employer to provide notice prior to vaccination; |
| prohibiting termination and disciplinary action for |
11| refusal to submit to medical services; construing |
| provision; amending 40 O.S. 2021, Section 192, which |
12| relates to penalties; updating statutory reference; |
| and declaring an emergency. |
13| |
| |
14| |
| |
15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
16| SECTION 1. AMENDATORY 40 O.S. 2021, Section 191, is |
| |
17|amended to read as follows: |
| |
18| Section 191. A. It shall be unlawful for any person, |
| |
19|partnership, association, or corporation, either for himself, |
| |
20|herself, or itself, or in a representative or fiduciary capacity, to |
| |
21|require any employee or applicant for employment, as a condition of |
| |
22|employment or continued employment, to submit to, or take, a |
| |
23|physical or medical examination, without providing such examination |
| |
24|at no cost therefor to such employee or applicant for employment, or |
| |
Req. No. 1680 Page 1
___________________________________________________________________________
1|without furnishing, upon the request of the employee or applicant |
| |
2|for employment within thirty (30) days after such examination, free |
| |
3|of charge, to such employee or applicant for employment, a true and |
| |
4|correct copy, either original or duplicate original, of the |
| |
5|examiner's report of such examination. It shall further be unlawful |
| |
6|for any such person, partnership, association or corporation to |
| |
7|require any employee or applicant for employment to pay, either |
| |
8|directly or indirectly, any part of the cost of any such |
| |
9|examination, report, or copy of report. Provided that the report of |
| |
10|any physical examination furnished in accordance with this section |
| |
11|shall not be made the basis or predicate for any action in damages |
| |
12|against the physician and surgeon making and furnishing such report. |
| |
13| B. 1. It shall be unlawful for any person, partnership, |
| |
14|association or corporation, either for himself, herself or itself, |
| |
15|or in a representative or fiduciary capacity, to require any |
| |
16|employee or applicant for employment, as a condition of employment |
| |
17|or continued employment, to submit to or take any vaccination, |
| |
18|injection, shot or medication for any virus, disease or condition. |
| |
19| 2. An employee or applicant for employment may voluntarily |
| |
20|submit to and take a vaccination, injection, shot or medication as |
| |
21|recommended by an employer provided that such person has first |
| |
22|received, read, and signed a written statement explaining: |
| |
23| a. the person's right to refuse for reason of health, |
| |
24| |
| |
Req. No. 1680 Page 2
___________________________________________________________________________
1| religion, or conscience without retaliation or |
| |
2| discrimination, and |
| |
3| b. the ingredients have never been disclosed and |
| |
4| therefore cannot know what is actually being put in |
| |
5| the employee's body. |
| |
6| C. An employer shall recognize the right of individual bodily |
| |
7|autonomy and the rights of individuals to make their own healthcare |
| |
8|decisions, and no employee or applicant for employment shall be |
| |
9|terminated, disciplined, or refused employment based upon a refusal |
| |
10|to submit to any health service, medical testing, medical |
| |
11|intervention, medical treatment, or vaccine based on their |
| |
12|religious, philosophical, or personal beliefs. |
| |
13| D. Nothing in this section shall be interpreted to prohibit |
| |
14|health or safety requirements that do not include a vaccination, |
| |
15|injection, shot, or medication. |
| |
16| SECTION 2. AMENDATORY 40 O.S. 2021, Section 192, is |
| |
17|amended to read as follows: |
| |
18| Section 192. Each and every violation of any provision of |
| |
19|Section 1 191 of this act title shall constitute a misdemeanor, |
| |
20|punishable by a fine in any amount not exceeding One Hundred Dollars |
| |
21|($100.00). |
| |
22| SECTION 3. It being immediately necessary for the preservation |
| |
23|of the public peace, health or safety, an emergency is hereby |
| |
24| |
| |
Req. No. 1680 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| 59-1-1680 MR 1/19/2023 4:35:59 PM |
| |
5| |
| |
6| |
| |
7| |
| |
8| |
| |
9| |
| |
10| |
| |
11| |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 1680 Page 4
