{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-840-2.10","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-840-2.10","heading":"State Employee Assistance Program","body":"A. There is hereby created a State Employee Assistance Program\n\nwithin the Department of Mental Health and Substance Abuse Services.\n\nAll functions, powers, duties, funds and obligations of the Office\n\nof Management and Enterprise Services in administration of the State\n\nEmployee Assistance Program shall be transferred to the Department.\n\nThe program may provide assistance to state agencies in their\n\nmanagement of employees whose personal problems may have a negative\n\nimpact on job performance. The program may also provide for\n\nassessment, referral, consultation, and problem resolution\n\nassistance to state employees and their family members seeking\n\ncorrective help with medical or mental health problems, including\n\nalcohol or drug abuse and emotional, marital, familial, financial or\n\nother personal problems. Participation in the State Employee\n\nAssistance Program shall be on a voluntary basis.\n\nB. The Department may enter into contracts which are necessary\n\nand proper to carry out the purposes and functions of the State\n\nEmployee Assistance Program and establish standards and criteria\n\nwhich shall be met by entities to be eligible to contract with the\n\nDepartment.\n\nC. The Commissioner of the Department is hereby directed to:\n\n1. Promulgate rules necessary for the administration of the\n\nState Employee Assistance Program and the maintenance and release of\n\nparticipant records; and\n\n2. Establish evaluation methods to assess the effectiveness of\n\nthe State Employee Assistance Program.\n\nD. Nothing in this act is intended to nullify any agency's\n\nexisting employee assistance program or to prohibit any state agency\n\nfrom establishing its own employee assistance program; provided,\n\nhowever, such programs established by state agencies shall be\n\nsubject to compliance with rules promulgated by the Commissioner of\n\nthe Department to ensure equitable treatment of employees.\n\nE. Records that relate to participation by an individual in the\n\nState Employee Assistance Program or an employee assistance program\n\nestablished by a state agency shall be maintained separate and apart\n\nfrom regular personnel records and shall not become part of an\n\nemployee's personnel file. Such records relating to an individual's\n\nparticipation in an employee assistance program shall be\n\nconfidential and neither the records nor the testimony of an\n\nEmployee Assistance Program professional shall be subject to\n\nsubpoena unless a participant poses a threat to deliberately harm\n\nthe participant or others. Such determination shall be made by an\n\nEmployee Assistance Program professional. A participant in an\n\nemployee assistance program shall have a right of access to his or\n\nher own employee assistance program records.\n\nF. No provision of this section or the rules promulgated\n\npursuant to this section shall be construed to conflict with an\n\nappointing authority's responsibility and authority to maintain\n\ndiscipline or to take disciplinary measures against employees for\n\nmisconduct or unacceptable performance. Further, participation or\n\nnonparticipation in any state employee assistance program shall not\n\nexcuse an employee from discipline or otherwise affect the terms and\n\nconditions of such employee's employment status or opportunities for\n\nadvancement with the state.\n\nG. The Legislature and the judicial branch of state government\n\nmay utilize the services of the State Employee Assistance Program at\n\ntheir discretion.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c8f7c10206c0fca07a4059571b8cedcde30d643b1066e5ee61c7dd7885954225","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-840-1.6a","next":"us-ok/okla.-stat.-tit.-74-74-840-2.10a"},"notice":"GroundRules: Original legal text. Not legal advice."}