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SENATE FLOOR VERSION
April 13, 2023
ENGROSSED HOUSE
BILL NO. 1408 By: Culver of the House
and
Gollihare of the Senate
An Act relating to public health and saf ety; creating
the First Responders Job Protection Act; defining
terms; requiring first responders to report passive
drug exposure; requiring reports of passive drug
exposure be provided to medical review officer;
providing for codification; and providing a n
effective date.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-539.11 of Title 63, unless
there is created a duplica tion in numbering, reads as follows:
This act shall be known and may be cited as the "First
Responders Job Protection Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-539.12 of Title 63, unless
there is created a duplication in numbering , reads as follows:
As used in this section:
1. "Controlled dangerous substance" means a drug, substance or
immediate precursor in Schedules I through V of the Uniform
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Controlled Dangerous Substances Act or any drug, substance or
immediate precursor listed either temporarily or permanently as a
federally controlled substance;
2. "First responder" means an individual who performs emergency
medical services on scene in accordance with the Oklahoma Emerg ency
Response Systems Development Act and rules of the State Board of
Health promulgated thereto;
3. "Passive exposure" means when an individual is exposed to a
controlled dangerous substance without actually ingesting or using
the substance himself or herself; and
4. "Volunteer" means a person who enters in to a service or
undertaking of the person's free will without compensation or
expectation of compensation in money or other thing of value in
order to provide a service, care, assistance, adv ice, or other
benefit; provided, being legally entitled to receiv e compensation
for the service or undertaking performed shall not preclude a person
from being considered a volunteer.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-539.13 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The first responder or volunteer first responder subject to
drug testing shall verbally report , to the first responder's agency
or private employer prior to testing, any specific known potential
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passive exposure to any controlled dangerous drug that has occurred
in the previous fourteen (14) days while responding to an emergency.
B. In the event of a positive drug test, the medical review
officer shall be provided with documentation of the verbal report
and a subsequent written report provided by the responding agency in
order to rule out passive exposure.
SECTION 4. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
April 13, 2023 - DO PASS