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