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ENGROSSED HOUSE
BILL NO. 4109 By: Vancuren and Lawson of the
House
and
Haste of the Senate
[ school employees - creating an Education Employee
Assistance Program within the Department of Mental
Health and Substance Abuse Services - effective
date –
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 n umbering, reads as follows:
A. An Education Employee Assistance Program shall be created
within the Department of Mental Health and Substance Abuse Services.
The program may provide assistance to public school districts in the
management of employees who se 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
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seeking corrective help with m edical 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 maintenance and
release of participant records; and
2. Establish evaluation methods to assess the effectiveness of
the Education Employee Assistance Program.
D. Nothing in this section shall nullify a school district's
existing employee assistan ce program or prohibit a school district
from establishing its own employee assistance progra m; 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
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established by a school district shall be maintained separate ly from
regular personnel records and shall not b ecome part of an employee'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 unless 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 nonparticip ation in any education employee
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 effec tive 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, by reason whereof thi s act shall take effect and
be in full force from and a fter its passage and approval.
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Passed the House of Representatives the 21st day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate