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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1589 By: Johns
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38	38	AS INTRODUCED
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40	40	An Act relating to school employees; creating an
41	41	Education Employee Assistance Program within the
42	42	Department of Mental Health and Substanc e Abuse
43	43	Services; authorizing program to assist school
44	44	districts in managing certain employees; permitting
45	45	program to provide additional services; requiring
46	46	program participation to be voluntary; allowing
47	47	Department to contract with certain entities;
48	48	directing Board of Mental Health and Substance Abuse
49	49	Services to promulgate rules a nd establish evaluation
50	50	methods; construing provisions of section; subjecting
51	51	existing programs to compliance with promulgated
52	52	rules; mandating separate maintenance of program
53	53	records; prescribing records to be confidential and
54	54	subject to subpoena; providing exception for
55	55	confidentiality; requiring participant to have access
56	56	to his or her program records; construing provision
57	57	related to school district 's disciplinary authority;
58	58	providing for codification; providing an effective
59	59	date; and declaring an emerge ncy.
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66	66	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
67	67	SECTION 1. NEW LAW A new section of law to be codified
68	68	in the Oklahoma Statutes as Section 5-117.8 of Title 70, unless
69	69	there is created a duplication in numbering, reads as follows:
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96	96	A. An Education Employee Assistance Program shall be created
97	97	within the Department of Mental Health and Substance Abuse Services.
98	98	The program may provide assistance to public school districts in the
99	99	management of employees whose per sonal problems may have a negative
100	100	impact on job performance. The program may also provide for
101	101	assessment, referral, consultation, and problem resolution
102	102	assistance to school di strict employees and their family members
103	103	seeking corrective help with medical or mental health problems,
104	104	including alcohol or drug abuse and emotional, marital, familial,
105	105	financial, or other personal problems. Participation in the
106	106	Education Employee Assi stance Program shall be voluntary.
107	107	B. The Department of Mental Health and Sub stance Abuse Services
108	108	may enter into contracts to carry out the purposes and functions of
109	109	the Education Employee Assistance Program and establish standards
110	110	and criteria which sha ll be met by entities to be eligible to
111	111	contract with the Department.
112	112	C. The Board of Mental Health and Substance Abuse Services
113	113	shall:
114	114	1. Promulgate rules necessary for the administration of the
115	115	Education Employee Assistance Program and the maintenance and
116	116	release of participant records; and
117	117	2. Establish evaluation methods to as sess the effectiveness of
118	118	the Education Employee Assistance Program.
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145	145	D. Nothing in this section shall nullify a school district 's
146	146	existing employee assistance program or prohibi t a school district
147	147	from establishing its own employee assistance program; provided,
148	148	however, such programs established by school districts shall be
149	149	subject to compliance with rules promulgated by the Board to ensure
150	150	equitable treatment of employees.
151	151	E. Records related to employee participation in the Education
152	152	Employee Assistance Program or an employee assistance program
153	153	established by a school district shall be maintained separately from
154	154	regular personnel records and shall not become part of an employee 's
155	155	personnel file. Records related to an individual 's participation in
156	156	an employee assistance program shall be confidential and neither the
157	157	records nor the testimony of an Education Employee Assistance
158	158	Program professional shall be subject to subpoena unle ss a
159	159	participant poses a threat to deliberately harm the participant or
160	160	others. This determination shall be made by an Education Employee
161	161	Assistance Program professional. A participant in an employee
162	162	assistance program shall have a right to access his or her own
163	163	employee assistance program records.
164	164	F. Nothing in this section or the rules promulgated pursuant to
165	165	this section shall be construed to conflict with a school district 's
166	166	responsibility and authority to maintain discipline or to take
167	167	disciplinary measures against employees if appropriate.
168	168	Participation or nonparticipation in any education employee
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195	195	assistance program shall not excuse an employee from discipline or
196	196	otherwise affect the terms and conditions of the employee 's
197	197	employment status with a school district.
198	198	SECTION 2. This act shall become effective July 1, 2025.
199	199	SECTION 3. It being immediately necessary for the preservation
200	200	of the public peace, health or safety, an emergency is hereby
201	201	declared to exist, by r eason whereof this act shall take effect and
202	202	be in full force from and after i ts passage and approval.
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204	204	60-1-12157 AQH 01/04/25

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1589 Compare Versions