Oklahoma 2024 Regular Session

Oklahoma House Bill HB1796 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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	29	+	SENATE FLOOR VERSION
	30	+	April 13, 2023
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3	34		BILL NO. 1796 By: Osburn and Waldron of the
4	35		House
5	36
6	37		and
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8	39		Seifried of the Senate
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15	45		An Act relating to state government; amending 74 O.S.
16	46		2021, Section 840-2.10, which relates to the State
17	47		Employee Assistance Program; aut horizing the Oklahoma
18	48		Department of Mental Health and Substance Abuse
19	49		Services to enter into certain agreements; and
20	50		providing an effective date .
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25		-	SUBJECT: State government
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27	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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29	56		SECTION 1. AMENDATORY 74 O.S. 2021, Section 840-2.10, is
30	57		amended to read as follows:
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32	58		Section 840-2.10 A. There is hereby created a State Employee
33	59		Assistance Program within the Departmen t of Mental Health and
34	60		Substance Abuse Service s. All functions, powers, duties, funds and
35	61		obligations of the Office of Management and Enterprise Services in
36	62		administration of the State Employee Assistance Program shall be
37	63		transferred to the Department. T he program may provide assistance
38	64		to state agencies in their management of employees whose personal
39	65		problems may have a negative impact on job performance. The program
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40	93		may also provide for assessment, referral, consultation, and problem
41	94		resolution assistance to state employees and their family member s
42	95		seeking corrective help with medical or mental health problems,
43	96		including alcohol or drug abuse and emotional, marital, familial,
44	97		financial or other personal problems. Participation in the State
45	98		Employee Assistance Program shall be on a voluntary basis.
46		-	ENR. H. B. NO. 1796 Page 2
47	99		B. The Department may enter into contracts which are necessary
48	100		and proper to carry out the purposes and functions of the State
49	101		Employee Assistance Program and establish standards and criteria
50	102		which shall be met by entities to be eligible to contract with the
51	103		Department.
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53	104		C. The Commissioner of the Department is hereby directed to:
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55	105		1. Promulgate rules necessary for the administration of the
56	106		State Employee Assistance Program and the maintenance and release of
57	107		participant records; and
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59	108		2. Establish evaluati on methods to assess the effectiveness of
60	109		the State Employee Assistance Program.
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62	110		D. Nothing in this act is intended to nullify any agency 's
63	111		existing employee assistance program or to prohibit any state agency
64	112		from establishing its own employee assistance program; provided,
65	113		however, such programs established by state agencies shall be
66	114		subject to compliance with rules promulgated by the Commissioner of
67	115		the Department to ensure equitable treatment of employees.
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69	143		E. Records that relate to participation by an i ndividual in the
70	144		State Employee Assistance Program or an employee assistance program
71	145		established by a state agency shall be maintained separate and apart
72	146		from regular personnel records and shall not become part of an
73	147		employee's personnel file. Such record s relating to an individual's
74	148		participation in an employee assistance program shall be
75	149		confidential and neither the records nor the testimony of an
76	150		Employee Assistance Program professional shall be subject to
77	151		subpoena unless a participant poses a threat to deliberately harm
78	152		the participant or others. Such determination shall be made by an
79	153		Employee Assistance Program professional. A participant in an
80	154		employee assistance program shall have a right of access to h is or
81	155		her own employee assistance program reco rds.
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83	156		F. No provision of this section or the rules promulgated
84	157		pursuant to this section shall be construed to conflict with an
85	158		appointing authority 's responsibility and authority to maintain
86	159		discipline or to take disciplinary measures against employees for
87	160		misconduct or unacceptable performance. Further, participation or
88	161		nonparticipation in any state employee assistance program shall not
89	162		excuse an employee from discipline or otherwise affect the terms and
90	163		conditions of such employee 's employment status or opportunities for
91		-	advancement with the state. ENR. H. B. NO. 1796 Page 3
	164	+	advancement with the state.
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93	192		G. The Legislature and the judicial branch of state government
94	193		may utilize the services of the State Employee Assistance Program at
95	194		their discretion.
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97	195		H. The Oklahoma Department of Mental Health and Substance Abuse
98	196		Services is authorized to enter into agreements to serve as a vendor
99	197		with public sector employers wishing to offer employment assistance
100	198		programs or services to its employees.
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102	199		SECTION 2. This act shall become effective November 1, 2023.
103		-	ENR. H. B. NO. 1796 Page 4
104		-	Passed the House of Representatives the 7th day of March, 2023.
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109		-	Presiding Officer of the House
110		-	of Representatives
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114		-	Passed the Senate the 24th day of April, 2023.
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119		-	Presiding Officer of the Senate
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123		-	OFFICE OF THE GOVERNOR
124		-	Received by the Offic e of the Governor this ____________________
125		-	day of ___________________, 20_______, at _______ o'clock _______ M.
126		-	By: _________________________________
127		-	Approved by the Governor of the State of Oklahoma this _____ ____
128		-	day of ___________________, 20_______, a t _______ o'clock _______ M.
129		-
130		-
131		-	_________________________________
132		-	Governor of the State of Oklahoma
133		-
134		-	OFFICE OF THE SECRETARY OF STATE
135		-	Received by the Office of the Secretary of State this __________
136		-	day of ___________________, 20_______, at _______ o'cloc k _______ M.
137		-	By: _________________________________
	200	+	COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
	201	+	April 13, 2023 - DO PASS