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ENGROSSED HOUSE
BILL NO. 1796 By: Osburn and Waldron of the
House
and
Seifried of the Senate
An Act relating to state government; amending 74 O.S.
2021, Section 840-2.10, which relates to the State
Employee Assistance Program; aut horizing the Oklahoma
Department of Mental Health and Substance Abuse
Services to enter into certain agreements; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 840-2.10, is
amended to read as follows:
Section 840-2.10 A. There is hereby created a State Employee
Assistance Program within the Departmen t of Mental Health and
Substance Abuse Service s. All functions, powers, duties, funds a nd
obligations of the Office of Management and Enterprise Services in
administration of the State Employee Assistance Program shall be
transferred to the Department. T he program may provide assistance
to state agencies in their 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 state employees and their family member s
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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 State
Employee Assistance Program shall be on a voluntary basis.
B. The Department may enter into contrac ts which are necessary
and proper to carry out the purposes and functions of the State
Employee Assistance Program and establish standards and criteria
which shall be met by entities to be eligible to contract with the
Department.
C. The Commissioner of t he Department is hereby directed to:
1. Promulgate rules necessary for the administration of the
State Employee Assistance Program and the maintenance and release of
participant records; and
2. Establish evaluati on methods to assess the effectiveness of
the State Employee Assistance Program.
D. Nothing in this act is intended to nullify any agency 's
existing employee assistance program or to prohibit any state agency
from establishing its own employee assistance program; provided,
however, such programs established by state agencies shall be
subject to compliance with rules promulgated by the Commissioner of
the Department to ensure equitable treatment of employees.
E. Records that relate to participation by an i ndividual in the
State Employee Assistance Program or an employee assistance program
established by a state agency shall be maintained separate and apart
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from regular personnel records and shall not become part of an
employee's personnel file. Such record s relating to an individual 's
participation in an employee assistance program shall be
confidential and neither the records nor the testimony of an
Employee Assistance Program professional shall be subject to
subpoena unless a participant poses a threat to deliberately harm
the participant or othe rs. Such determination shall be made by an
Employee Assistance Program professional. A participant in an
employee assistance program shall have a right of access to h is or
her own employee assistance program reco rds.
F. No provision of this section or t he rules promulgated
pursuant to this section shall be construed to conflict with an
appointing authority 's responsibility and authority to maintain
discipline or to take disciplinary measures against employees for
misconduct or unacceptable performance. Further, participation or
nonparticipation in any state employee assistance program shall not
excuse an employee from discipline or otherwise affect the terms and
conditions of such employee 's employment status or opportunities for
advancement with the sta te.
G. The Legislature and the judicial branch of state government
may utilize the services of the State Employee Assistance Program at
their discretion.
H. The Oklahoma Department of Mental Health and Substance Abuse
Services is authorized to enter into agreements to serve as a vendor
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with public sector employers wishing to offer employment assistance
programs or services to its employees.
SECTION 2. This act shall become effective November 1, 2023.
Passed the House of Representatives the 7th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate