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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 628 By: Stephens
AS INTRODUCED
An Act relating to conditions of employment; creating
the Grandfathered Clause Act; providing short title;
amending 40 O.S. 2021, Section 191, which relates to
restrictions on examinations; prohibiting medication
or vaccinations as a condition of continued
employment by a business entity prior to certain
date; providing an exception for certain entities;
providing for noncodification; 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 follows:
This act shall be known and may be cited as the “Grandfathered
Clause Act”.
SECTION 2. AMENDATORY 40 O.S. 2021, Section 191, is
amended to read as follows:
Section 191. A. It shall be unlawful fo r any person,
partnership, association, or corporation, either for himself,
herself, or itself, or in a representative or fiduciary capacity, to
require any employee or applicant for employment, as a condition of
employment or continued employment, to subm it to, or take, a
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physical or medical examination, without providing such examination
at no cost therefor to such employee or applicant for employment, or
without furnishing, upon the request of the employee or appl icant
for employment within thirty (30) d ays after such examination, free
of charge, to such employee or applicant for employment, a true and
correct copy, either original or duplicate original, of the
examiner’s report of such examination. It shall further be unlawful
for any such person, partn ership, association, or corporation to
require any employee or applicant for employment to pay, either
directly or indirectly, any part of the cost of any such
examination, report, or copy of report. Provided, that the report
of any physical examination fur nished in accordance with this
section shall not be made the basis or predicate for any action in
damages against the physician and surgeon making and furnishing suc h
report.
B. It shall be unlawful for any person, partnership,
association, or corporation, either for him self, herself, or itself,
or in a representative or fiduciary capacity, to mandate any
employee as a condition of continued employment to submit to or take
any vaccination or medication that has received accelerated approval
from the United States Food and Drug Administration under 21 C.F.R.,
Part 314, Subpart H or has been approved by the United States Food
and Drug Administration for less than five (5) years for the
prevention of COVID-19 and any variant or future variants thereof ;
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provided, that the provisions of this subsection shall not apply to
any person, partnership, association, or corporation that is
required to mandate such vaccination or medication for the
prevention of COVID-19 and any variant or future variants thereof as
a condition of receipt of federal funds or as a condition of
participation in a federal program.
SECTION 3. It being immediate ly necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by r eason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-676 MR 1/18/2023 8:54:52 AM