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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 994 By: Jett
AS INTRODUCED
An Act relating to conditions of employment; amending
40 O.S. 2021, Section 191, which relates to
restrictions on examinations; prohibiting
vaccinations as a condition of employment; modifying
references; allowing voluntary complia nce with
employer recommendation for vaccinations; requiring
employer to provide notice prior to vaccination;
prohibiting termination and disciplinary action for
refusal to submit to medical services; construing
provision; amending 40 O.S. 2021, Section 192, which
relates to penalties; updating statutory reference;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 40 O.S. 2021, Section 191, is
amended to read as follows:
Section 191. A. It shall be unlawful for any person,
partnership, associat ion, or corporation, either for hi mself,
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 submit to, or take, a
physical or medical examination, without providing such examination
at no cost therefor to such employee or applicant for employment, or
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without furnishing, upon the request of the employee or applicant
for employment within thirty (30) days after such examination, free
of charge, to such employee or appli cant 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, partnership, association or corporation to
require any employee or applica nt 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 furnished in accordance with this sect ion
shall not be made the basis or predicate for any action in damages
against the physician and surgeon making and furnishing such report.
B. 1. It shall be unlawful for any p erson, 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 employm ent, to submit to or take any vaccination,
injection, shot or medication for any virus, disease or condition.
2. An employee or applicant for employment may voluntarily
submit to and take a vaccination, injection, shot or medication as
recommended by an employer provided that such person has first
received, read, and signed a written statement explaining:
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a. the person’s right to refuse for reason of health,
religion, or conscience without retaliation or
discrimination, and
b. the ingredients have never been disclosed and
therefore cannot know what is actually be ing put in
the employee’s body.
C. An employer shall recognize the right of individual bodily
autonomy and the rights of indi viduals to make their own healthcare
decisions, and no employee or applicant for employment shall be
terminated, disciplined, or refused employment based upon a refusal
to submit to any health service, medical testing, medical
intervention, medical treatment, or vaccine based on their
religious, philosophical, or personal beliefs.
D. Nothing in this section shall be interpreted to prohibit
health or safety requirements that do not include a vaccination ,
injection, shot, or medication.
SECTION 2. AMENDATORY 40 O.S. 2021, Section 192, is
amended to read as follows:
Section 192. Each and every violation of an y provision of
Section 1 191 of this act title shall constitute a misdemeanor,
punishable by a fine in any amount not exceeding O ne Hundred Dollars
($100.00).
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is h ereby
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declared to exist, by reason wher eof this act shall take effect and
be in full force from and after its passage an d approval.
59-1-1680 MR 1/19/2023 12:11:00 PM