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SENATE FLOOR VERSION
March 3, 2022
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 765 By: Bullard, Jett, Rogers,
Bergstrom, and Stephens of
the Senate
and
West (Kevin) of the House
An Act relating to vaccinations and immuniza tions;
creating the Privacy and Conscience Protection Act;
requiring exemption; requiring a certification of
disclosure exemption be provided; providing for
certain requirements; providing for submittal time
frame; requiring certain acceptance; providing for
vaccination disclosure exemption; providing for
policy or regulation inclusions; providing form;
amending 40 O.S. 2021, Section 192, which relates to
violation of act; updating statutory reference;
adding jurisdiction for enforcement of violations ;
providing for noncodification; 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 not to be
codified in the Oklahoma Statutes reads as follo ws:
This act shall be known and may be cited as the "Privacy and
Conscience Protection Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 191.1 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. Any public or private employer operating in this state who
requires an employee or contractor to participate in vaccination or
immunization for COVID-19, as defined in Section 111 of Title 76 of
the Oklahoma Statutes, any variant, or future variants thereof as
part of an employer's policy, whether written or verbal, shall allow
for a privacy exemption for their employee or contractor to refuse
disclosure of his or her vaccination or immunization status. The
requirement of this subsection shall not be re quired of an employee
who can provide proof of natural immunity by presenting a positive
antibody test to his or her employer.
B. Every employee or contractor employed by a public or private
employer operating in this state shall be provided a certification
of disclosure exemption, which shall release the employee or
contractor from disclosing his or her vaccination or immunization
status due to an employer-mandated policy or regulation, whether
written or verbal, that involves or governs the vaccination or
immunization status for COVID-19, any variant, or future variants
thereof for employees or contractors. The certification of
disclosure exemption provided to an employee or contractor by the
employer, as required by this section, shall meet the following
requirements:
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1. Upon adoption of any policy or regulation by a public or
private employer operating in this state, the employer shall provide
immediate notice to all employees or contractors of the policy
adopted by the employer. Such notice shall include a certification
of disclosure exemption for the employee or contractor. An employee
seeking to refuse disclosure shall complete the employer-provided
certification of disclosure exemption;
2. Upon receipt of the certification of disclosure exemption,
the employee or contractor shall be given thirty (30) calendar days
to complete and submit the certification to the employer;
3. Upon submission of the completed certification of disclosure
exemption by the employee or contractor, the employer shall ac cept,
without question, the certification of exemption and shall sign the
document acknowledging receipt;
4. Upon submission of the completed certification of disclosure
exemption, the employer shall not disclose employees or contractors
who refused to disclose their vaccination or immunization status for
COVID-19, any variant, or future variants thereof; and
5. All public or private employers operating in this state
shall maintain a signed copy of an employe e's or contractor's
completed certification of disclosure exemption in the employee 's or
contractor's employment file and shall provide a signed copy to the
employee or contractor upon request.
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C. Any policy or regulation adopted by an employer to implement
the provisions of this section shall not:
1. Disclose their employee's or contractor's vaccination or
immunization status for COVID-19, any variant, or future variants
thereof;
2. Provide incentives, bonuses, or any other reward for
disclosing an employee's or contractor's vaccination or immunization
status for COVID-19, any variant, or future variants thereof;
3. Discriminate against employees or contactors on their
refusal to disclose their immunization or vaccination status for
COVID-19, any variant, or future variants thereof. Discrimination
includes, but is not limited to, harassment, different treatment,
denial of benefits, or retaliation against an employee or
contractor;
4. Terminate, discipline, deny employment benefits to, or
otherwise penalize an employee or contractor by a reduction in pay
or benefits based on the employee's or contractor's refusal to
disclose immunization or vaccination status for COVID-19, any
variant, or future variants thereof;
5. Segregate employees or contractors based on immunization or
vaccination status for COVID-19, any variant, or future variants
thereof; or
6. Require an employee or contractor to wear or display any
insignia or mark, or oth erwise directly or indirectly disclose his
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or her refusal to disclose vaccination or immunization status for
COVID-19, any variant, or future variants thereof.
An employer may offer reasonable accommodations for those who
refuse to disclose and provid e an exemption from disclosure of
vaccination status. For the purposes of this section, "reasonable
accommodation" shall mean requiring the wearing of a mask when
interacting with or in close proximity of others or requiring
periodic testing not to exceed more than once weekly. Any costs
incurred by the implementation of these accommodations shall be paid
for by the employer.
D. An employee or contractor seeking an exemption from
disclosure of his or her vaccination or immunization status shall
complete the certification of exemption form included in this
subsection and deliver it to his or her employer.
CERTIFICATION OF DISCLOSURE EXEMPTION FOR VACCINATION STATUS
Please read and complete to request an employer exemption for
disclosing immunization or vaccination status.
All entries must be legible or form will be returned. Please print
unless signature is required.
Name (Last,
First, MI)
Birth
Date
Name of Employer
Phone Number
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Address County __________________ _____
City Zip
1. PERSONAL OBJECTION:
I hereby certify that the employer with whom I am affiliated as
an employee or contractor has implemented policies governing
immunization or vaccination requirements that are contrary to my
beliefs and/or conscience and/or my privacy rights. I request an
exemption from disclosing my immunization or vaccination status
pursuant to my relationship with the above-stated employer. [CITE
NEW LAW ]
Printed name Signature Date
2. EMPLOYER RECEIPT:
I hereby certify that I have received and documented the
employee's or contractor's certification of disclosure
exemption involving the employee 's or contractor's
immunization or vaccination status. As an agent of the
employer, I hereby approve the employee's or contractor's
request to be exempt from disclosing his or her
immunization or vaccination status, pursuant to [CITE NEW
LAW].
Printed name Signature Date
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ATTENTION: – This form is to be submitted to the Employer,
Owner, or HR Department.
The Employer, Owner, or HR Department shall keep a copy of this
form in the employee's or contractor's employment file.
SECTION 3. AMENDATORY 40 O.S. 2021, Section 192, is
amended to read as follows:
Section 192. A. Each and every violation of any provision of
Section 1 of this act 191 of this title shall constitute a
misdemeanor, punishable by a fine in any amount not excee ding One
Hundred Dollars ($100.00).
B. Each and every violation by an employer of any provision of
Section 2 of this act shall be under the jurisdiction of the Office
of the Attorney General.
SECTION 4. It being immediately necessary for the preservat ion
of the public peace, h ealth, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURIS M
March 3, 2022 - DO PASS AS AMENDED