School Laws of Oklahoma
Chapter 6 - Personnel
Article I: Personnel
Section 728. Workers’ Compensation Insurance. (85 O.S. § 2b(A)(3))
Note: School districts are subject to the Workers Compensation Act which is found in Title 85 of the Oklahoma Statutes. Because of its length, the Act is not included in the School Laws of Oklahoma. The following provision of the Act is included because it identifies the methods of insuring for workers compensation authorized for school districts.
C. Boards of education, their instrumentalities and public trusts of which they are beneficiaries shall insure against their liability for workers’ compensation with the State Insurance Fund or, through any combination of the following, may:
1. Self-insure and make any appropriation of funds to cover their risk;
2. Secure reinsurance or excess insurance over and above a self-insured retention in any manner authorized by subsection B of Section 168 of Title 51 of the Oklahoma Statutes; or
3. Insure with other insurance carriers licensed in the State of Oklahoma.
Pursuant to workers’ compensation scheme and Governmental Tort Claims Act, political subdivision could be liable for retaliatory discharge of employee who pursued compensation claim. Presson v. Kay County Board of Commissioners, 806 P.2d 88 (Okla. App. 1991)
Whether a volunteer utilized by Human Rights Commission is covered by Workers Compensation Act is determined by whether the Commission retains a right of control and supervision of work performed by volunteer.” March 6, 1986 (AG Op. No. 85-135)
If self-insured for workers’ compensation coverage, board of education must utilize the exclusive funding methods mandated in 85 O.S. Supp. 1898 §2b (A) (3) for such purposes. May 21, 1990 (AG Op. No. 90-9)
A board of education that is self-insured for workers’ compensation must utilize the exclusive funding methods mandated in 85 O.S., §2b(A)(3) for such purposes. A board of education may not utilize the procedures of 85 O.S., §42 to fund its workers’ compensation coverage in lieu of appropriating funds because Section 42 is not a funding statute. Section 42 is intended to be used solely as a mechanism for collecting judgments. May 21, 1990 (AG Op. No. 90-9)
Section 729. Unemployment Compensation. (40 O.S. § 3-702)
In lieu of contributions required of employers under the Employment Security Act of 1980, as provided by this act, the State of Oklahoma and its instrumentalities shall pay each quarter beginning after March 31, 1978, including any political subdivision and its instrumentalities after December 31, 1977, one percent (1%) of taxable wages, as defined in this act, paid to employees covered by this act. Such payments made in lieu of contributions shall be paid on or before the last day of the month following the calendar quarter to be reported and shall be paid into the Unemployment Compensation Fund.
Note: This section is part of the financing Benefits to Employees of the State Act, Title 40 O.S. §3-701, et seq.
Section 730. Injuries Sustained by School Personnel in Performance of Duties - Continued. (70 O.S. § 35f)
Payment of Contract Salary.
A. Any public school teacher, school administrator or other school personnel employee, who is unable to continue his or her contract of employment as a result of injury sustained in the reasonable performance of his or her duties from:
1. Assault by a pupil, relative of a pupil or person of the pupil’s household, or
2. Injury sustained as a result of quelling or attempting to quell or stop a fight, disorder or any disturbance related to a school function or activity, shall be paid his or her full contract salary for the remainder of that school year or contract year or period, whichever is applicable, or for such period of time thereof as he or she is prevented from teaching or working as a result of the injuries sustained or job loss caused by such injuries during said school year or contract year or period for which he or she had been employed and during which he or she was injured not to exceed in any event the term of the contract; and directing that such school district paying the balance of the contract payments, may file suit against such person or persons or their guardian or guardians for reimbursement of payments so made.
B. Employees of the public schools of this state who suffer job-related injuries, other than those enumerated in subsection A of this section, which qualify for temporary total disability benefits under the Workers’ Compensation Act, Section 1 et seq. of Title 85 of the Oklahoma Statutes, may utilize accumulated sick leave or personal leave on a prorated basis as follows:
At the option of the employee, temporary total disability benefits shall be supplemented by any sick leave or personal leave, or fractional use thereof available to the injured employee, to the extent that the injured employee shall receive full wages during the employee’s temporary absence. The sum of all temporary total disability payments and sick leave or personal leave shall in no case combine to exceed one hundred percent (100%) of the employee’s net pay as it existed prior to injury.
C. Nothing in the provisions of this section shall affect the right of the employee or the employer pursuant to the Workers’ Compensation Act.
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Section 731. Medical Reports. (70 O.S. § 35g)
A medical report from the treating physician must be furnished to the local school district board to substantiate that said injuries: (1) were disabling, (2) prevented the continuance of such person’s employment and (3) the period of said disability. If a dispute arises on said disability or activity, then either party aggrieved may file suit in district court.
Section 732. Appointment of Relative Unlawful. (21 O.S. § 481)
A. It shall be unlawful for any executive, legislative, ministerial or judicial officer to appoint or vote for the appointment of any person related to him by affinity or consanguinity within the third degree, to any clerkship, office, position, employment or duty in any department of the State, district, county, city or municipal government of which such executive, legislative, ministerial or judicial officer is a member, when the salary, wages, pay or compensation of such appointee is to be paid out of the public funds or fees of such office. Provided, however, that for the purposes of this chapter, a divorce of husband and wife shall terminate all relationship by affinity that existed by reason of the marriage, regardless of whether the marriage has resulted in issue who are still living.
B. The provisions of this section shall not apply to any situation covered by Section 5-113 of Title 70 of the Oklahoma Statutes.
Note: See Section 61 herein on employment of relative of member of board of education.
21 O.S., §481 is not violated by voting for routine or automatic promotions, raises and blanket raises. There are no criminal penalties for not voting for the lateral transfer or promotion within the prohibited degree of affinity or consanguinity. July 11, 1990 (AG Op. No. 90-25)
Third degree of affinity does not include unadopted step-child of a brother. March 7, 1984 (AG Op. No. 84-8)
Appointment of board member’s wife to Staff Development Committee violates nepotism statutes. January 27, 1982 (AG Op. No. 81-288)
The Attorney General holds that father and mother are first degree; grandfather and grandmother, brothers and sisters, are second degree; uncles and aunts, third degree; and first cousins, and great uncles and aunts, fourth degree. October 20, 1980 (AG Op. No. 80-222)
A legally adopted son or daughter is within purview of nepotism law. AG Op. October 8, 1975
Fact that member of architectural firm is uncle of member of board of education does not prevent board from employing firm as architects for school buildings. AG Op. September 10, 1964
First cousins not related within third degree. AG Op. February 5, 1963
It is lawful for school district to contract for transportation of pupils by uncle of member of board of education. AG Op. August 12, 1960
Man married to sister of wife of member of board of education can be employed to drive school bus for district. AG Op. October 15, 1959
Lawful for board of education to employ person as janitor whose wife is aunt of wife of member of board of education. AG Op. October 9, 1959
Prohibited appointment unlawful even though appointee receives no compensation for his services. AG Op. February 13, 1959
Woman whose husband is nephew of wife of member of board of education can be employed as cook for school district. AG Op. January 20, 1959
Wife of member of board of education cannot be appointed school district treasurer if she is paid compensation for her services. AG Op. January 12, 1959
Insurance may be purchased from agent who is uncle of board member’s wife. AG Op. August 16, 1957
Husband of sister of board member’s wife can accept contract for electrical wiring of building that board has let to contractor for turn-key job. AG Op. December 28, 1956
Not unlawful to employ wife of board member’s wife’s brother. AG Op. February 12, 1952
Two members of the Board of Education of a dependent district cannot employ a relative of the third member of the Board of Education as a teacher; regardless of whether the third member votes for such employment. AG Op. August 26, 1950
Person married to sister of another person is related to other person within third degree. AG Op. March 31, 1950
Sister of wife of member of Board of Education of independent district cannot be appointed treasurer of such district. AG Op. December 7, 1949
Relative of board member cannot be employed as cook in School Lunch Program. AG Op. April 21, 1948
Man whose wife is sister of wife of board member is not within statutory inhibition. AG Op. June 5, 1939
Wife of nephew of board member’s wife can be employed as teacher. AG Op. March 23, 1939
First cousins are not within prohibition of statute. AG Op. November 19, 1930
Teacher’s contract not invalidated by subsequent election of uncle to board of education. AG Op. July 1, 1930
Employment of son or half-brother of member of school board as bus driver is prohibited. AG Op. June 15, 1929
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Section 733. Unlawful to Pay Salary. (21 O.S. § 482)
It shall be unlawful for any such executive, legislative, ministerial or judicial officer mentioned in the preceding section, to draw or authorize the drawing of any warrant or authority for the payment out of any public fund, of the salary, wages, pay or compensation of any such ineligible person, and it shall be unlawful for any executive, legislative, ministerial or judicial officer to pay out of any public funds in his custody or under his control the salary, wages, pay or compensation of any such ineligible person.
The nepotism statute is violated even though a school board member does not vote for the appointment or employment of his relative who is within the prohibited degree. AG Op. July 15, 1941
Unlawful for member of board to vote to employ or pay relative of another member of same board. State v. Raedeker, 13 P.2d 148 (1932)
Where member of board attends board meeting and record does not affirmatively show that he voted against payment of compensation to ineligible employee presumption is that he voted for such payment. State v. Raedeker, 13 P.2d 148 (1932)
Section 733.1. Certain Provisions Inapplicable. (21 O.S. § 484.1)
The provisions of Sections 481 through 484 of Title 21 of the Oklahoma Statutes shall not apply to any situation covered by Sections 5-113 and 5-113.1 of Title 70 of the Oklahoma Statutes.
Section 733.2. Nepotism: Penalty for Violation. (21 O.S. § 485)
Any executive, legislative, ministerial or judicial officer who shall violate any provision of this Article, shall be deemed guilty of a misdemeanor involving official misconduct, and shall be punished by a fine of not less than One Hundred or more than One Thousand Dollars ($1,000.00), and shall forfeit his office.
Section 733.3. Nepotism: Removal From Office. (21 O.S. § 486)
Every person guilty of violating the provisions of this article, shall, independently of, or in addition to any criminal prosecution that may be instituted, be removed from office according to the mode of trial and removal prescribed in the Constitution and laws of this State.
Section 734. Leave of Absence to Public Officers and Employees in National Guard. (44 O.S. § 209)
All officers and employees of the state or a political subdivision thereof who are members of the Oklahoma National Guard or any reserve component of any branch of the United States military, shall, when ordered by proper authority to active or inactive service, be entitled to a leave of absence from such civil employment for the period of such active service, without loss of status or efficiency rating. During the first twenty (20) calendar days for employees of political subdivisions or the first twenty (20) regular scheduled work days for state employees of such leave of absence in any federal fiscal year, the officers or employees shall receive their full regular pay from the employing state agency or political subdivision. During the remainder of such leave of absence in any federal fiscal year, the employing state agency or political subdivision may elect to pay them an amount equal to the difference between the officers’ or employees’ full regular pay from the employing state agency or political subdivision and their Oklahoma National Guard or United States military reserve component pay, except that state officers and employees shall receive the difference between their full regular pay and their Oklahoma National Guard or United States military reserve component pay when they are ordered by proper authority to active or inactive service retroactive to the date that the state officer or employee reported to active service on or after September 11, 2001, during the period that Operation Enduring Freedom is in effect. The durational limit of protected military service as provided for in this section shall not be less than that provided by federal law. If it is necessary in the public interest to provide for the performance of the duties of their positions during such absence, the authority having power to fill a vacancy in the positions may appoint substitutes, to be known as acting incumbents, who shall qualify as required for the regular incumbents and shall receive the same pay as fixed by law, if any, or otherwise such pay as may be fixed by proper authority.
The Office of Personnel Management shall promulgate rules as necessary to implement the provisions of this section that relate to state employees.
A political subdivision is required to pay a salaried officer or employee who is a member of the Oklahoma National Guard or any reserve component of any branch of the United States military and who is called to military service an amount equal to the employee's full regular pay during the first thirty-day calendar period. Full regular pay is determined to be the normal compensation an officer or employee would have received during that thirty-day calendar period. This amount may be calculated by converting a salaried officer or employee's annual compensation to a daily rate and multiplying that rate by thirty. (AG Op. No. 2010-3)
A political subdivision may not require written notice from an officer or employee called to military service for the officer or employee to be able to return to covered employment, as such a requirement would be an additional prerequisite not established by federal law, and federal law requires notice to be either written or verbal. (AG Op. No. 2010-3)
Employees of state and its subdivisions are entitled to paid leave of absence for National Guard Duty and Federal Armed Services active duty for total of twenty days in twelve month period such period to run concurrent with the federal fiscal year. February 3, 1989 (AG Op. No. 88-103)
Weekend drills are not “active service”. May 4, 1983 (AG Op. No. 83-32)
The term “leave of absence” is period exclusive of vacation time allowed employee. AG Op. January 31, 1972
The statement “when ordered by proper authority” includes service pursuant to reserve obligation or to voluntary contracted obligation. AG Op. January 31, 1972
Leave with pay applies to active duty or service for training purposes. AG Op. August 1, 1967
Veteran agricultural instructor who was paid from Federal funds cannot be paid for time of military service from school district funds. AG Op. February 20, 1952
Contract of teacher who replaces person entering military service is automatically terminated when serviceman returns and applies for re-employment. AG Op. September 28, 1951
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Section 735. Public Officers and Employees Leave of Absence When in Military Service. (72 O.S. § 48)
All officers and employees of the state or a political subdivision thereof who are members, either officers or enlisted, of the National Guard, or any branch of the United States Military or its reserve components, shall, when ordered by the proper authority to active or inactive duty or service, be entitled to a leave of absence from such civilian employment for the period of such service without loss of status or seniority. During the first thirty (30) calendar days for employees of political subdivisions or the first thirty (30) regularly scheduled work days for state employees of such leave of absence in any federal fiscal year, the officers or employees shall receive their full regular pay from the employing state agency or political subdivision. During the remainder of such leave of absence in any federal fiscal year, the employing state agency or political subdivision may elect to pay the officer or employee an amount equal to the difference between their full regular pay from the employing state agency or political subdivision and their military pay, except that state officers and employees shall receive the difference between their full regular pay and their Reserve Components pay when they are ordered by proper authority to active or inactive service retroactive to the date that the officer or employee reported to active service on or after September 11, 2001, during the period that Operation Enduring Freedom is in effect. The durational limit of protected military service as provided for in this section shall not be less than that provided by federal law. If it is necessary in the public interest to provide for the performance of the duties of their positions during such absence, the authority having power to fill a vacancy in the positions may appoint substitutes, to be known as acting incumbents, who shall qualify as required for the regular incumbents and shall receive the same pay, including benefits and pay adjustments as fixed by law, if any, or otherwise such pay, including benefits and pay adjustments, as may be fixed by proper authority.
The Office of Personnel Management shall promulgate rules as necessary to implement the provisions of this section that relate to state employees.
Employees of state and its subdivisions are entitled to paid leave of absence for National Guard Duty and Federal Armed Services active duty for total of twenty days in twelve month period such period to run concurrent with the federal fiscal year. February 3, 1989 (AG Op. No. 88-103)
The term “leave of absence” is period exclusive of vacation time allowed employee. AG Op. January 31, 1972
The statement “when ordered by proper authority” includes service pursuant to reserve obligation or to voluntary contracted obligation. AG Op. January 31, 1972
Leave with pay applies to active duty or service for training purposes. AG Op. August 1, 1967
Veteran agricultural instructor who was paid from Federal funds cannot be paid for time of military service from school district funds. AG Op. February 20, 1952
Contract of teacher who replaces person entering military service is automatically terminated when serviceman returns and applies for re-employment. AG Op. September 28, 1951
Section 736. Witness Fees. (28 O.S. § 84.1)
A. Any employee of the state or any political subdivision thereof who is subpoenaed as a witness to testify on any matter pertaining to their employment, including any investigation conducted by the employee as a duty of said employment for which he is fully compensated, shall not be entitled to receive the witness fee and reimbursement for mileage provided for in Section 81 of this title, except as provided for in subsection B of this section. However, if the employee is required by the subpoena to testify in a county other than his county of residence or employment, he shall be entitled to receive reimbursement pursuant to the State Travel Reimbursement Act in accordance with Section 82 of this title. No such witness shall receive such reimbursement in more than one case covering the same period of time or the same travel. Each such witness shall be required to make oath that the amounts claimed for reimbursement have not been claimed or received in any other case or from any other source.
B. It is the intent of the Legislature that court appearances should not adversely affect the education of students enrolled in school districts in this state. To the extent possible, court appearances of public school district employees should be scheduled to minimize the disruption of class time. If a school district employee is subpoenaed to appear as a witness in a civil court proceeding, except in a proceeding in which the school district or the state is a party, the school district shall be entitled to a witness fee equal to the amount of the substitute teacher cost, not to exceed One Hundred Dollars ($100.00) per day.
Section 737. Payroll Deductions for Credit Unions. (62 O.S. § 7.10)
A.
1. Upon the request of a state employee, a state agency, board, or commission shall make voluntary payroll deductions for the employee to any credit union, bank, or savings association having an office in this state.
2. If the governing body of any county, municipality, or school district provides for voluntary payroll deductions to a credit union serving the employees of the county, municipality, or school district, it shall provide voluntary payroll deductions to any credit union, bank, or savings association having an office in this state which has a minimum participation of twenty percent (20%) of the employees of the county, municipality, or school district.
B. Upon the request of a state employee and pursuant to procedures established by the Administrator of the Office of Personnel Management, a state agency, board, or commission shall make payroll deductions for:
1. The payment of any insurance premiums due a private insurance organization with a minimum participation of five hundred (500) state employees for life, accident, and health insurance which is supplemental to that provided for by the state;
2. The payment of any insurance premiums due a private insurance organization or service company which is regulated by the State Insurance Commissioner and with a minimum participation of five hundred (500) state employees for legal services;
3. Premiums or payments for retirement plans with a minimum participation of five hundred (500) state employees for retirement plans which are supplemental to that provided for by the state;
4. Salary adjustment agreements included in a flexible benefits plan as authorized by the State Employees Flexible Benefits Act;
5. Membership dues utilized for benefits, goods or services provided by the Oklahoma Public Employees Association to the organization’s membership or any other statewide association limited to state employee membership with a minimum membership of two thousand (2,000) dues paying members. For purposes of this paragraph, state agencies shall accept online or electronically submitted forms from the Oklahoma Public Employees Association and other state employee associations. The Office of Personnel Management shall develop and implement a verification process for online or electronically submitted forms which may include the use of electronic signature technology or other process as determined appropriate;
6. Contributions to its foundation organized pursuant to 26 U.S.C., Section 501(c)(3) in the Oklahoma Public Employees Association or any other statewide association limited to state employee membership with a minimum membership of two thousand (2,000) dues-paying members;
7. Payments to a college savings account administered under the Oklahoma College Savings Plan Act pursuant to Section 3970.1 et seq. of Title 70 of the Oklahoma Statutes;
8. Subscriptions to the Oklahoma Today magazine published by the State of Oklahoma through the Oklahoma Tourism and Recreation Department; and
9. The payment of any insurance premiums due a private insurance organization, which is regulated by the State Insurance Commission, for an Oklahoma Long-Term Care Partnership Program approved policy pursuant to the Oklahoma Long-Term Care Partnership Act.
C. The administrative costs of processing payroll deductions or administering salary adjustment agreements for insurance premiums as provided for in subsection B of this section shall be a charge of two percent (2%) of the gross annual premiums for insurance plans. The administrative costs of processing payroll deductions or administering salary adjustment agreements for payments for retirement plans as provided for in subsection B of this section shall be one percent (1%) of the gross annual payments for retirement plans. These charges shall be collected monthly from the private insurance or retirement plan organization by the Office of Personnel Management and shall be deposited to the credit of the General Revenue Fund. Provided that these costs shall not be collected from state employees or state agencies unless otherwise directed in Section 1 et seq. of this title.
D. Any statewide association granted a payroll deduction prior to January 1, 2008, shall be exempt from the minimum state employee membership requirement.
E. Approval of a payroll deduction or salary adjustment agreement for any insurance organization, line of coverage or policy shall not be construed as an assumption of liability, for the term of policy or the performance of the insurance organization, by this state, or any of its agencies, boards, commissions, institutions or any officer or employee thereof. Contracts for such insurance shall be in all respects subject to the insurance laws of this state, and shall be enforceable solely pursuant to such laws.
F. The Oklahoma Employment Security Commission is authorized to deduct from the wages or salary of its employees the employees' contribution to the Oklahoma Employment Security Commission Retirement Plan.
G. Payroll deductions shall be made for premium payments for group insurance for retired members or beneficiaries of any state-supported retirement system upon proper authorization given by the member or beneficiary to the board from which the member or beneficiary is currently receiving retirement benefits.
H. Upon request of instructional personnel employed at either the Oklahoma School for the Blind or the Oklahoma School for the Deaf and pursuant to procedures established by the Administrator of the Office of Personnel Management, the Commission for Rehabilitation Services shall make payroll deductions for membership dues in any statewide educational employee organization or association.
I. Upon the request of a state employee of the Department of Corrections, the Department shall make voluntary payroll deductions for the employee to the Correctional Peace Officer Foundation.
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Section 738. Garnishment of Money Due from School Districts - Exceptions. (12 O.S. § 1192)
That it shall be lawful for any creditor of any person, firm or corporation in this state, to whom the state or any county, city, town, school board, board of education or any municipal subdivision of the state is indebted, to cause a garnishment to issue to, and to garnishee sums, wages or other sums due such creditor of the state or such municipality to the same extend and in like manner as if such creditor of the state or such municipality was a creditor of a private individual, firm or corporation; provided, however, that such officer or employee of said state, county or municipality shall be entitled to the exemptions as to amount of such wages, salary, fund or compensation due thereto, as is exempt from attachment, execution or garnishment in favor of officers or employees of private individuals or corporations.
Section 739. Summons - Service When School District is Garnished. (12 O.S. § 1193)
Where * * * school boards or board of education are garnisheed, service herein shall be made by summons, as in other cases, upon the clerk of such boards.
Section 740. School District as Garnishee - Judgments. (12 O.S. § 1194)
No judgment shall be rendered against the state, or any county, city, town, board of education, school board or any municipal subdivision of the state named as garnishee, but judgment may be rendered against any person served as provided under 12 O.S. 1961, § 1193, who shall fail, neglect or refuse to answer garnishment summons.
The portion of H.B. 1804 requiring public employers to verify employment authorization status is constitutional. Thomas v. Henry, 2011 OK 53.
Section 740.1. Disclosure of Information to Prospective Employer Permitted. (40 O.S. § 61)
A. An employer may disclose information about a current or former employee’s job performance to a prospective employer of the current or former employee upon request of the prospective employer and with consent of the current or former employee, or upon request of the current or former employee. A state agency, as defined in Section 840-2.5 of Title 74 of the Oklahoma Statutes, may disclose information regarding a current or former employee’s job performance to another state agency which is a prospective employer of the current or former employee without the employee’s consent. The employer is presumed to be acting in good faith, unless lack of good faith is shown by a preponderance of the evidence. The current or former employer shall be immune from civil liability for the disclosure or any consequences of such disclosure unless the presumption of good faith is rebutted upon a showing that the information disclosed by the current or former employer was false and the employer providing the information had knowledge of its falsity or acted with malice or reckless disregard for the truth.
B. The provisions of this section shall apply to any employee, agent, or other representative of the current or former employer, including a state agency, who is authorized to provide and who provides information in accordance with the provisions of this section.
C. Failure to comply with any provision of this section shall not give rise to any liability or causes of action which did not exist prior to July 1, 1995. This section shall only apply to causes of action accruing on and after July 1, 1995.
Employee could not require or force her previous employer to provide job performance information or verification of employment to prospective employers. Nichols v. Pray, Walker, Jackman, Williamson, and Marler, 2006 OK CIV APP 115, 114 P.3d 907
An employer may disclose a current or former employee’s job performance information and/or evaluations to prospective employees when such disclosure is done with the consent or at the request of the current or former employee, even though the Open Records Act allows such records to be kept confidential. December 10, 1997 (AG Op. No. 97-48)
Section 740.2. Notice of Request for Consumer Report. (24 O.S. § 148)
A. Prior to requesting a consumer report for employment purposes, the requestor or user of the consumer report shall provide written notice to the person who is the subject of the consumer report. The notice shall inform the consumer that a consumer report will be used and the notice shall contain a box that the consumer may check to receive a copy of the consumer report. If the consumer requests a copy of the report, the user of the consumer report shall request that a copy be provided to the consumer when the user of the consumer report requests its copy from the credit reporting agency. The report sent to the consumer shall be provided at no charge to the consumer. As used in this section, “consumer report” shall have the same meaning as that term is defined in the federal Fair Credit Reporting Act, 15 U.S.C., Sections 1681 et seq.
B. No person shall be held liable for any violation of this section if such person shows by a preponderance of the evidence that, at the time of the alleged violation, such person maintained reasonable procedures to assure compliance with this section.
The requestor of a consumer report for employment purposes must provide notice to the person who is the subject of the report. The definition of “consumer report” is the same as it is defined in the Fair Credit Reporting Act. The definition does not include the exceptions to the definition of “consumer report” as adopted by the Fair and Accurate Credit Transactions Act of 2003. May 16, 2006 (AG Op. No. 06-18)
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Section 740.3. Physical Therapists. (59 O.S. § 887.17)
A.
1. Any person licensed under this act as a physical therapist or physical therapist assistant shall treat human ailments by physical therapy only under the referral of a person licensed as a physician or surgeon with unlimited license and Doctors of Dentistry, Chiropractic and Podiatry, with those referrals being limited to their respective areas of training and practice; provided, however, a physical therapist may provide services within the scope of physical therapy practice without a physician referral to children who receive physical therapy services pursuant to the Individuals with Disabilities Education Improvement Act of 2004, as may be amended, and the Rehabilitation Act of 1973, Section 504, as may be amended. Provided further, a plan of care developed by a person authorized to provide services within the scope of the Physical Therapy Practice Act shall be deemed to be a prescription for purposes of providing services pursuant to the provisions of the Individuals with Disabilities Education Improvement Act of 2004, as may be amended, and Section 504 of the Rehabilitation Act of 1973, as may be amended.
2. Nothing in this act shall prevent a physical therapist from performing screening and educational procedures within the scope of physical therapy practice without a physician referral.
3. Nothing in this act shall be construed as authorization for a physical therapist or physical therapist assistant to practice any branch of the healing art.
4. Any person violating the provisions of this act shall be guilty of a misdemeanor as per Section 887.16 of this title.
B.
1. The provisions of this act are not intended to limit the activities of persons legitimately engaged in the nontherapeutic administration of baths, massage, and normal exercise.
2. This act shall not prohibit students who are enrolled in schools of physical therapy approved by the State Board of Medical Licensure and Supervision from performing such work as is incidental to their course of study; nor shall it prevent any student in any recognized school of the healing art in carrying out prescribed courses of study; provided such school is a recognized institution by the statutes of Oklahoma, and its practitioners are duly licensed as prescribed by law.
3. Nothing in this act shall apply to any person employed by an agency, bureau, or division of the federal government while in the discharge of official duties, however, if such individual engages in the practice of physical therapy outside the line of official duty, the individual must be licensed as herein provided.
Physical therapists not authorized to enforce physicians’ lien under 42 O.S. 46. PTS Healthcare, Inc. v. Mid-Century Insurance, 2007 OK CIV APP 100, 171 P.3d 924
Section 740.4. Speech-Language Pathologists and Audiology Licensing Act. (59 O.S. § 1604)
A. Except as otherwise provided by this section, no person shall practice speech-language pathology or audiology unless such person is licensed pursuant to the Speech-Language Pathology and Audiology Licensing Act.
B. The Speech-Language Pathology and Audiology Licensing Act shall not be construed to prevent:
1. A person licensed under any other law of this state from engaging in the profession or occupation for which such person is licensed, provided such person does not represent himself or herself to be a speech-language pathologist or audiologist;
2. An employee of the federal government, state, county or municipal government, or an agency or political subdivision thereof, from engaging in such employee's duties of employment;
3. The hearing testing or any other act conducted by licensed physicians within the scope of their licensed profession or by persons conducting hearing tests or other acts under the direct supervision of the physician;
4. The activities and services of a hearing-aid dealer or fitter so long as the activities and services of such dealer or fitter are limited to the selection, adaptation, distribution or sale of hearing aids, and the testing, instruction, and counseling pertaining thereto, as long as such hearing-aid dealer or fitter does not represent himself or herself to be an audiologist;
5. A teacher of the deaf and hard of hearing, certified by the Oklahoma State Department of Education, or certified nationally by the Council on Education of the Deaf, from engaging in the profession for which such teacher is trained. The services of a teacher of the deaf and hard-of hearing shall be directed solely to those persons having or suspected of having a hearing disorder;
6. Any person not a resident of this state and who has not established offices in this state, from engaging in the practice of speech-language pathology or audiology in this state for a period that, in the aggregate, does not exceed seven (7) days in any calendar year, if such a person's education and experience is the substantial equivalent to that of a licensed speech-language pathologist or audiologist as described in Section 1605 of this title; and
7. The activities of hearing screening programs which are conducted by employees or trained volunteers who are providing these services under the auspices of public or private charitable agencies.
C. Notwithstanding any other provision of this section, a person licensed in this state to perform speech pathology or audiology services is hereby designated to be a practitioner of the healing art for purposes of making a referral for speech pathology or audiology services pursuant to the provisions of the Individuals with Disabilities Education Act, Public Law 105-17, as amended, and Section 504 of the Rehabilitation Act of 1973.
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Section 740.5. Breaks for Breast-Feeding. (40 O.S. § 435)
A. An employer may provide reasonable unpaid break time each day to an employee who needs to breast-feed or express breast milk for her child to maintain milk supply and comfort. The break time, if possible, shall run concurrently with any break time, paid or unpaid, already provided to the employee. An employer is not required to provide break time under this section if to do so would create an undue hardship on the operations of the employer.
B. An employer may make a reasonable effort to provide a private, secure, and sanitary room or other location in close proximity to the work area, other than a toilet stall, where an employee can express her milk or breast-feed her child.
C. The Department of Health shall issue periodic reports on breast-feeding rates, complaints received, and benefits reported by both working breast-feeding mothers and employers.
D. As used in this section:
1. “Employer” means a person engaged in business who has one or more employees, including the state and any political subdivision of the state;
2. “Employee” means any person engaged in service to an employer in the business of the employer;
3. “Reasonable efforts” means any effort that would not impose an undue hardship on the operation of the employer’s business; and
4. “Undue hardship” means any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources, and the nature and structure of its operation.
Section 740.6. Legal Resident – Status Verification System. (25 O.S. § 1312)
As used in Sections 6 and 7 of this act:
1. “Status Verification System” means an electronic system operated by the federal government, through which an authorized official of an agency of the State of Oklahoma or of a political subdivision therein may make an inquiry, by exercise of authority delegated pursuant to Section 1373 of Title 8 of the United States Code, to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by Section 7 of this act. The Status Verification System shall be deemed to include:
a. the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C., Section 1324a, and operated by the United States Department of Homeland Security, known as the Basic Pilot Program,
b. any equivalent federal program designated by the United States Department of Homeland Security or any other federal agency authorized to verify the work eligibility status of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603,
c. any other independent, third-party system with an equal or higher degree of reliability as the programs, systems, or processes described in this paragraph, or
d. the Social Security Number Verification Service, or such similar online verification process implemented by the United States Social Security Administration;
2. “Public employer” means every department, agency, or instrumentality of the state or a political subdivision of the state;
3. “Subcontractor” means a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier; and
4. “Unauthorized alien” means an alien as defined in Section 1324a(h)(3) of Title 8 of the United States Code.
Section 740.7. Legal Resident – Status Verification System – Timeline. (25 O.S. § 1313)
A. Every public employer shall register with and utilize a Status Verification System as described in subparagraphs a or b of paragraph 1 of Section 6 of this act to verify the federal employment authorization status of all new employees.
B.
1. After July 1, 2008, no public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the Status Verification System to verify the work eligibility status of all new employees.
2. After July 1, 2008, no contractor or subcontractor who enters into a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the Status Verification System to verify information of all new employees. section even though such contracts may involve the physical performance of services within this state after July 1, 2008.
C.
1. It shall be a discriminatory practice for an employing entity to discharge an employee working in Oklahoma who is a United States citizen or permanent resident alien while retaining an employee who the employing entity knows, or reasonably should have known, is an unauthorized alien hired after July 1, 2008, and who is working in Oklahoma in a job category that requires equal skill, effort, and responsibility, and which is performed under similar working conditions, as defined by 29 U.S.C., Section 206(d)(1), as the job category held by the discharged employee.
2. An employing entity which, on the date of the discharge in question, was currently enrolled in and used a Status Verification System to verify the employment eligibility of its employees in Oklahoma hired after July 1, 2008, shall be exempt from liability, investigation, or suit arising from any action under this section.
3. No cause of action for a violation of this subsection shall arise anywhere in Oklahoma law but from the provisions of this subsection.
School Laws of Oklahoma | Chapter 6 - Personnel | Article I: Personnel | Return to Top of Page
