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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (202 2)
HOUSE BILL 4109 By: Vancuren
AS INTRODUCED
An Act relating to school employees; creating an
Education Employee Assistan ce Program within the
Department of Mental Health and Subst ance Abuse
Services; authorizing program to assist school
districts in managing certain employees; permitting
program to provide additional services; requiring
program participation to be voluntary ; allowing
Department to contract with certain entities;
directing Board of Mental Health and Substance Abuse
Services to promulgate rules and establish evaluation
methods; construing provisions of section; sub jecting
existing programs to compliance with p romulgated
rules; mandating separate ma intenance of program
records; prescribing records to be confidential and
subject to subpoena; providing exception for
confidentiality; requiring participant to have access
to his or her program records; construing provision
related to school district 's disciplinary authority ;
providing for codification; providing an effective
date; and declaring an emergency .
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 5-117.7 of Title 70, unless
there is created a duplication in numbering, reads as follows:
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A. An Education Employee Assistance Program shall be created
within the Department of Mental Health and Substance Abuse Services.
The program may provi de assistance to public school districts in the
management of employees whose personal problems may have a negative
impact on job performance. The program may also provide for
assessment, referral, consultation, and problem resolution
assistance to school district employees and their family members
seeking corrective help with medical or mental health problems,
including alcohol or drug abuse and emotional, marital, familial,
financial, or other personal problems. Participation in the
Education Employee Assistance Program shall be voluntary.
B. The Department of Mental Health and Substance Abuse Services
may enter into contracts to carry out the purposes and functions of
the Education Employee Assistance Program and establish standards
and criteria which shall be met by entities to be eligible to
contract with the Department.
C. The Board of Mental Health and Substance Abuse Services
shall:
1. Promulgate rules necessary for the administration o f the
Education Employee Assistance Program and the maintenan ce and
release of participant records; and
2. Establish evaluation methods to assess the effectiveness of
the Education Employee Assistance Program.
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D. Nothing in this section shall nullify a school district's
existing employee assistance program or prohibit a school district
from establishing its own employee assistance program; provided,
however, such programs established by school districts shall be
subject to compliance with rules promulgate d by the Board to ensure
equitable treatment of employees.
E. Records related to employee participation in the Education
Employee Assistance Program or an employee assistance program
established by a school district shall be maintained separate ly from
regular personnel records and shall not b ecome part of an employ ee's
personnel file. Records related to an individual's participation in
an employee assistance program shall be confidential and neither the
records nor the testimony of an Education Employee Assistance
Program professional sh all be subject to subpoena u nless a
participant poses a threat to deliberately harm the participant or
others. This determination shall be made by an Education Employee
Assistance Program professional. A participant in an employee
assistance program shall have a right to access his or her own
employee assistance program records.
F. Nothing in this section or the rules promulgated pursuant to
this section shall be construed to conflict with a school district's
responsibility and authority to maintain discipline or to take
disciplinary measures against employees if appropriate.
Participation or nonparticipation in any education employee
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assistance program shall not excuse an employee from discipline or
otherwise affect the terms and conditions of the employee's
employment status with a school district.
SECTION 2. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, b y reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
58-2-9346 EK 12/17/21