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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1214 By: Standridge
AS INTRODUCED
An Act relating to public health; requiring state
agency or political subdivision to make a reasonable
attempt to provide certain information under certain
condition; making state agency or political
subdivision liable for certain violation; exempting
employee from immunity under Governmental Tort Claims
Act under certain circumstances; specifying
applicability of section; providing for codification;
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 1-502.5 of Title 63, unless
there is created a duplication in numbering, read s as follows:
A. If a state agency or poli tical subdivision requires the use
or wearing of a medical device including but not limit ed to a face
covering, the state agency or political subdivision shall make a
reasonable attempt to provide each person covered under such
requirement with clear and concise instructions on proper usage and
applicable warnings of any real or potential harms based on
applicable guidance from one or more health authorities including
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but not limited to the State Department of Heal th, the Centers for
Disease Control and Prevention, the Occupational Safety and Health
Administration, the Food and Drug Admi nistration, or the World
Health Organization.
B. A state agency or political subdivision found to be in
violation of subsection A of this section shall be liable for actual
damages. An employee of the state or political subdivision who
implements or is tasked with oversight of such a requirement who
knowingly neglects to fully inform those subject to the requirement
pursuant to subsection A of this section shall be deemed to be
acting outside the scope of his or her employ ment and shall forfeit
any protection from liability pursuant to the Governmental Tort
Claims Act.
C. The provisions of this section shall appl y to a civil action
filed on or after the effective date of this act.
SECTION 2. It being immediately necessar y for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this ac t shall take effect and
be in full force from and after its passage and approval.
58-2-2331 DC 1/7/2022 9:17:15 AM