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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3247 By: Olsen
AS INTRODUCED
An Act relating to public health; preempting field of
legislation relating to employment -related
vaccination mandates; nullifying any fede ral statute,
rule, or executive order relating to employment -
related vaccination mandates; defining terms;
creating employer liability for adverse e vents caused
by vaccinations when such vaccinations are a
condition of employment; providing for exception;
providing for damages, costs, and attorney fees;
providing for codification; and providing an
effective 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 Section 1 -502.5 of Title 63, unless
there is created a duplicati on in numbering, reads as follows:
A. The State Legislature hereby occupies and preempts the
entire field of legislation in this state touching in any way
federal or state employment-related vaccination mandates against or
upon a citizen of Oklahoma to th e complete exclusion of any order,
ordinance or regulation by any municipality or other political
subdivision of this state.
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B. Any federal statute, rule or executi ve order, federal or
state judicial order or judicial findings that would have the effect
of forcing a vaccination mandate as a condition of employment
against or upon a citizen of Oklahoma, which would infringe upon a
citizen’s Constitutionally -protected rights, shall be null, void,
unenforceable and of no effect in the state of Oklahoma.
C. As used in this section :
1. "Adverse event" means any untoward medical occurrence
associated with the use of a drug in humans ; provided that an
adverse event resulti ng from vaccination shall not be considered a
compensable injury as defined in and for purposes of Section 2 of
Title 85A of the Oklahoma Statutes ;
2. "Health care facility " means any nonfederal institution,
building, or agency or portion thereof, whether public or private or
for profit or nonprofit, that is used, operated, or designed to
provide health care services, medical treatment, or nursing,
rehabilitative, or preventive care to any person or persons.
"Health care facility " includes, but is not lim ited to, ambulatory
surgical facilities, hospitals, infirmaries, intermediate care
facilities, kidney dialysis centers, long -term care facilities,
mental health centers, outpatient facilities, public health centers,
rehabilitation facilities, residential t reatment facilities, skilled
nursing facilities, special care facilities, medi cal laboratories,
and adult day care centers. "Health care facility " also includes,
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but is not limited to, the following related facilities when used
for or in connection with t he provision of health care:
laboratories; research facilities; pharmacies; laundry facili ties;
health care personnel training and lodging facilities; patient,
guest, and health care personnel food service facilities; and
offices and office buildings for persons engaged in health care
professions or services;
3. "Health care provider " means any person or entity who
provides health care services including, but not limited to,
physicians, pharmacists, dentists, physician assistants, nurse
practitioners, registered and other nurses, paramedics, emergency
medical or laboratory technicians, and ambu lance and emergency
medical workers;
4. "Private employer" means any individual, partnership, firm,
association, corporation or nonprofit organization that employs or
offers to employ one or more persons in this state;
5. "Public employer" means the State of Oklahoma or any
political subdivision thereof, including any department, agency,
board, commission, institution, authority, public trust,
municipality, county, district, or instrumentalities thereof;
6. "Vaccination" means the act of introducing a va ccine into
the body to produce immunity to a specific disease ; and
7. "Vaccine" means a product that stimulates a person 's immune
system to produce immunity to a sp ecific disease, protecting the
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person from that disease, whether administered through needl e
injection, orally, or through nasal spray ; provided that vaccines
shall not be considered qualified products as defined in Section 112
of Title 76 of the Oklahoma Statutes.
D. Any public or private employer, other than a health care
facility or health c are provider, that requires employees to be
vaccinated as a condition of their employment shall be liable for
any adverse events suffered by employees as a result of such
vaccination.
E. 1. Damages available to employees who suffer adverse events
from any vaccinations mandated by their employers as a condition of
employment shall be limited to actual damages.
2. The prevailing party in a cause of action brought pursuant
to this section may be awarded cos ts and reasonable attorney fees .
SECTION 2. This act shall become effective November 1, 2022.
58-2-8374 KN 11/16/21