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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 3247 By: Olsen
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38	38	AS INTRODUCED
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40	40	An Act relating to public health; preempting field of
41	41	legislation relating to employment -related
42	42	vaccination mandates; nullifying any fede ral statute,
43	43	rule, or executive order relating to employment -
44	44	related vaccination mandates; defining terms;
45	45	creating employer liability for adverse e vents caused
46	46	by vaccinations when such vaccinations are a
47	47	condition of employment; providing for exception;
48	48	providing for damages, costs, and attorney fees;
49	49	providing for codification; and providing an
50	50	effective date.
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56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. NEW LAW A new section of law to be codified
58	58	in the Oklahoma Statutes as Section 1 -502.5 of Title 63, unless
59	59	there is created a duplicati on in numbering, reads as follows:
60	60	A. The State Legislature hereby occupies and preempts the
61	61	entire field of legislation in this state touching in any way
62	62	federal or state employment-related vaccination mandates against or
63	63	upon a citizen of Oklahoma to th e complete exclusion of any order,
64	64	ordinance or regulation by any municipality or other political
65	65	subdivision of this state.
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92	92	B. Any federal statute, rule or executi ve order, federal or
93	93	state judicial order or judicial findings that would have the effect
94	94	of forcing a vaccination mandate as a condition of employment
95	95	against or upon a citizen of Oklahoma, which would infringe upon a
96	96	citizen’s Constitutionally -protected rights, shall be null, void,
97	97	unenforceable and of no effect in the state of Oklahoma.
98	98	C. As used in this section :
99	99	1. "Adverse event" means any untoward medical occurrence
100	100	associated with the use of a drug in humans ; provided that an
101	101	adverse event resulti ng from vaccination shall not be considered a
102	102	compensable injury as defined in and for purposes of Section 2 of
103	103	Title 85A of the Oklahoma Statutes ;
104	104	2. "Health care facility " means any nonfederal institution,
105	105	building, or agency or portion thereof, whether public or private or
106	106	for profit or nonprofit, that is used, operated, or designed to
107	107	provide health care services, medical treatment, or nursing,
108	108	rehabilitative, or preventive care to any person or persons.
109	109	"Health care facility " includes, but is not lim ited to, ambulatory
110	110	surgical facilities, hospitals, infirmaries, intermediate care
111	111	facilities, kidney dialysis centers, long -term care facilities,
112	112	mental health centers, outpatient facilities, public health centers,
113	113	rehabilitation facilities, residential t reatment facilities, skilled
114	114	nursing facilities, special care facilities, medi cal laboratories,
115	115	and adult day care centers. "Health care facility " also includes,
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142	142	but is not limited to, the following related facilities when used
143	143	for or in connection with t he provision of health care:
144	144	laboratories; research facilities; pharmacies; laundry facili ties;
145	145	health care personnel training and lodging facilities; patient,
146	146	guest, and health care personnel food service facilities; and
147	147	offices and office buildings for persons engaged in health care
148	148	professions or services;
149	149	3. "Health care provider " means any person or entity who
150	150	provides health care services including, but not limited to,
151	151	physicians, pharmacists, dentists, physician assistants, nurse
152	152	practitioners, registered and other nurses, paramedics, emergency
153	153	medical or laboratory technicians, and ambu lance and emergency
154	154	medical workers;
155	155	4. "Private employer" means any individual, partnership, firm,
156	156	association, corporation or nonprofit organization that employs or
157	157	offers to employ one or more persons in this state;
158	158	5. "Public employer" means the State of Oklahoma or any
159	159	political subdivision thereof, including any department, agency,
160	160	board, commission, institution, authority, public trust,
161	161	municipality, county, district, or instrumentalities thereof;
162	162	6. "Vaccination" means the act of introducing a va ccine into
163	163	the body to produce immunity to a specific disease ; and
164	164	7. "Vaccine" means a product that stimulates a person 's immune
165	165	system to produce immunity to a sp ecific disease, protecting the
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192	192	person from that disease, whether administered through needl e
193	193	injection, orally, or through nasal spray ; provided that vaccines
194	194	shall not be considered qualified products as defined in Section 112
195	195	of Title 76 of the Oklahoma Statutes.
196	196	D. Any public or private employer, other than a health care
197	197	facility or health c are provider, that requires employees to be
198	198	vaccinated as a condition of their employment shall be liable for
199	199	any adverse events suffered by employees as a result of such
200	200	vaccination.
201	201	E. 1. Damages available to employees who suffer adverse events
202	202	from any vaccinations mandated by their employers as a condition of
203	203	employment shall be limited to actual damages.
204	204	2. The prevailing party in a cause of action brought pursuant
205	205	to this section may be awarded cos ts and reasonable attorney fees .
206	206	SECTION 2. This act shall become effective November 1, 2022.
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208	208	58-2-8374 KN 11/16/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3247 Compare Versions