Oklahoma 2022 Regular Session

Oklahoma House Bill HB3051 Compare Versions

Only one version of the bill is available at this time.

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27	27	STATE OF OKLAHOMA
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29	29	2nd Session of the 58th Legislature (2022)
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31	31	HOUSE BILL 3051 By: Hardin (Tommy)
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37	37	AS INTRODUCED
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39	39	An Act relating to public health; defining terms;
40	40	creating employer liability for mandated experimental
41	41	medical procedures; providing for damages; providing
42	42	for codification; and providing an ef fective date.
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49	49	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
50	50	SECTION 1. NEW LAW A new section of law to be codified
51	51	in the Oklahoma Statutes as S ection 178.1 of Title 40, unless there
52	52	is created a duplication in n umbering, reads as follows:
53	53	A. As used in this section:
54	54	1. "Adverse event" means an untoward medical occurrence
55	55	associated with procedures on humans; provided, the adverse event
56	56	resulting from the medical procedure shall not be considered a
57	57	compensable injury as defined in Section 2 of Title 85A of the
58	58	Oklahoma Statutes;
59	59	2. "Experimental" means a drug or procedure which has not yet
60	60	been approved for routine use by a government al regulatory agency;
61	61	3. "FDA" means the U.S. Food and Drug Administration;
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87	87	4. "FDA approval" means drugs and certain biologics have been
88	88	proven safe and effective to the FDA's satisfaction;
89	89	5. "Medical procedure" means a medical treatment or o peration,
90	90	including, but not limited to, biopsies, surgeries and vaccinations;
91	91	and
92	92	6. "Private employer" means any individual, partnership, firm,
93	93	association, corporation or nonpr ofit organization that employ s or
94	94	offers to employ one or more persons in this state .
95	95	B. Any private employer who req uires employees to undergo
96	96	medical procedures which are experimental and not fully F DA approved
97	97	as a condition of employment shall be liable for any adverse events
98	98	suffered by the employee as a result of such experimental medical
99	99	procedure.
100	100	C. Damages available to emplo yees who suffer adverse events
101	101	from any mandated experimental medical proc edure as a condition of
102	102	employment shall be limited to actual damages.
103	103	SECTION 2. This act shall become effective November 1, 2022.
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105	105	58-2-8400 KN 10/14/21