Okla. Stat. tit. 74, § 74-840-2.10

A. There is hereby created a State Employee Assistance Program

within the Department of Mental Health and Substance Abuse Services.

All functions, powers, duties, funds and obligations of the Office

of Management and Enterprise Services in administration of the State

Employee Assistance Program shall be transferred to the Department.

The program may provide assistance to state agencies in their

management of employees whose personal problems may have a negative

impact on job performance. The program may also provide for

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assessment, referral, consultation, and problem resolution

assistance to state employees and their family members seeking

corrective help with medical or mental health problems, including

alcohol or drug abuse and emotional, marital, familial, financial or

other personal problems. Participation in the State Employee

Assistance Program shall be on a voluntary basis.

B. The Department may enter into contracts which are necessary

and proper to carry out the purposes and functions of the State

Employee Assistance Program and establish standards and criteria

which shall be met by entities to be eligible to contract with the

Department.

C. The Commissioner of the Department is hereby directed to:

1. Promulgate rules necessary for the administration of the

State Employee Assistance Program and the maintenance and release of

participant records; and

2. Establish evaluation methods to assess the effectiveness of

the State Employee Assistance Program.

D. Nothing in this act is intended to nullify any agency's

existing employee assistance program or to prohibit any state agency

from establishing its own employee assistance program; provided,

however, such programs established by state agencies shall be

subject to compliance with rules promulgated by the Commissioner of

the Department to ensure equitable treatment of employees.

E. Records that relate to participation by an individual in the

State Employee Assistance Program or an employee assistance program

established by a state agency shall be maintained separate and apart

from regular personnel records and shall not become part of an

employee's personnel file. Such records relating to an individual's

participation in an employee assistance program shall be

confidential and neither the records nor the testimony of an

Employee Assistance Program professional shall be subject to

subpoena unless a participant poses a threat to deliberately harm

the participant or others. Such determination shall be made by an

Employee Assistance Program professional. A participant in an

employee assistance program shall have a right of access to his or

her own employee assistance program records.

F. No provision of this section or the rules promulgated

pursuant to this section shall be construed to conflict with an

appointing authority's responsibility and authority to maintain

discipline or to take disciplinary measures against employees for

misconduct or unacceptable performance. Further, participation or

nonparticipation in any state employee assistance program shall not

excuse an employee from discipline or otherwise affect the terms and

conditions of such employee's employment status or opportunities for

advancement with the state.

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G. The Legislature and the judicial branch of state government

may utilize the services of the State Employee Assistance Program at

their discretion.