1| STATE OF OKLAHOMA | | | 2| 1st Session of the 60th Legislature (2025) | | | 3|HOUSE BILL 1041 By: Kendrix | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to sunset; amending 59 O.S. 2021, | | Section 6001, as last amended by Section 1, Chapter | 8| 89, O.S.L. 2023 (59 O.S. Supp. 2024, Section 6001), | | which relates to the State Board of Behavioral Health | 9| Licensure; re-creating the Board; and modifying the | | termination date. | 10| | | | 11| | | | 12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 13| SECTION 1. AMENDATORY 59 O.S. 2021, Section 6001, as | | | 14|last amended by Section 1, Chapter 89, O.S.L. 2023 (59 O.S. Supp. | | | 15|2024, Section 6001), is amended to read as follows: | | | 16| Section 6001. A. 1. There is hereby re-created the State | | | 17|Board of Behavioral Health Licensure to continue until July 1,2025| | | 18|2026, in accordance with the provisions of the Oklahoma Sunset Law. | | | 19| 2. Members of the Board shall serve at the pleasure of and may | | | 20|be removed from office by the appointing authority. Members shall | | | 21|continue to serve until their successors are appointed. Any vacancy | | | 22|shall be filled in the same manner as the original appointments. | | | 23|Four members shall constitute a quorum. | | | 24| | | | Req. No. 10609 Page 1 ___________________________________________________________________________
1| 3. The Board shall meet at least twice a year, but no more than | | | 2|four (4) times a year and shall elect a chair and a vice-chair from | | | 3|among its members. The Board shall only meet as required for: | | | 4| a. election of officers, | | | 5| b. establishment of meeting dates and times, | | | 6| c. rule development, | | | 7| d. review and recommendation, and | | | 8| e. adoption of nonbinding resolutions to the Board | | | 9| concerning matters brought before the Board. | | | 10| 4. Special meetings may be called by the chair or by | | | 11|concurrence of any three members. | | | 12| B. 1. All members of the Board shall be knowledgeable of | | | 13|counseling issues. The Board shall be appointed by the Governor | | | 14|with the advice and consent of the Senate: | | | 15| a. four members who are licensed professional | | | 16| counselors, | | | 17| b. three members who are licensed family and marital | | | 18| therapists, | | | 19| c. two members who are licensed behavioral | | | 20| practitioners, and | | | 21| d. two members representing the public and possessing | | | 22| knowledge of counseling issues. | | | 23| 2. Members of the Board shall serve for a period of three (3) | | | 24|years and may be removed at any time by the appointing authority. | | | Req. No. 10609 Page 2 ___________________________________________________________________________
1|Vacancies on the Board shall be filled by the appointing authority. | | | 2|A majority of the Board shall constitute a quorum for the | | | 3|transaction of business. | | | 4| 3. The members of the Board from each professional area of | | | 5|behavioral health counseling shall comprise separate committees and | | | 6|shall consult on professional issues within their respective areas | | | 7|of behavioral health counseling. Each committee shall recommend to | | | 8|the Board approval or disapproval of all licenses to be issued | | | 9|within its specialty. Each committee shall be authorized to | | | 10|recommend approval or disapproval of the examination requirements | | | 11|for all applicants for licensure in the respective area of | | | 12|behavioral health counseling, provide grading standards for | | | 13|examinations, and provide for other matters relating to licensure in | | | 14|that area of behavioral health counseling. Each committee may | | | 15|create advisory committees to consult on professional duties and | | | 16|responsibilities pursuant to the provisions of this section. | | | 17| 4. Any and all recommendations, approvals, or disapprovals made | | | 18|by a committee pursuant to the provisions of this section shall not | | | 19|become effective without the approval of a majority of members of | | | 20|the Board. | | | 21| 5. The jurisdictional areas of the Board shall include | | | 22|professional counseling licensing and practice issues, marital and | | | 23|family therapist licensing and practice issues, behavioral | | | 24| | | | Req. No. 10609 Page 3 ___________________________________________________________________________
1|practitioner licensing and practice issues and such other areas as | | | 2|authorized by the Licensed Professional Counselors Act. | | | 3| C. The Board shall not recommend rules for promulgation unless | | | 4|all applicable requirements of the Administrative Procedures Act | | | 5|have been followed including but not limited to notice, rule impact | | | 6|statements and rule-making hearings. | | | 7| D. Members of the Board shall serve without compensation but | | | 8|may be reimbursed for expenses incurred in the performance of their | | | 9|duties, as provided in the State Travel Reimbursement Act. The | | | 10|Board is authorized to utilize the conference rooms of and obtain | | | 11|administrative assistance from the State Board of Medical Licensure | | | 12|and Supervision as required. | | | 13| E. The Board is authorized and empowered to: | | | 14| 1. Establish and maintain a system of licensure and | | | 15|certification pursuant to the provisions of the Licensed | | | 16|Professional Counselors Act; | | | 17| 2. Adopt and enforce standards governing the professional | | | 18|conduct of persons licensed pursuant to the provisions of the | | | 19|Licensed Professional Counselors Act; | | | 20| 3. Lease office space for the purpose of operating and | | | 21|maintaining a state office, and pay rent thereon; provided, however, | | | 22|such state office shall not be located in or directly adjacent to | | | 23|the office of any person licensed pursuant to the provisions of the | | | 24|Licensed Professional Counselors Act; | | | Req. No. 10609 Page 4 ___________________________________________________________________________
1| 4. Purchase office furniture, equipment, and supplies; | | | 2| 5. Employ such office personnel as may be necessary, and fix | | | 3|and pay their salaries or wages; | | | 4| 6. Contract with state agencies for the purposes of | | | 5|investigating written complaints regarding the conduct of persons | | | 6|licensed pursuant to the provisions of the Licensed Professional | | | 7|Counselors Act and obtaining administrative assistance as deemed | | | 8|necessary by the Executive Director; and | | | 9| 7. Make such other expenditures as may be necessary in the | | | 10|performance of its duties. | | | 11| F. The Board shall employ an Executive Director. The Executive | | | 12|Director shall be authorized to: | | | 13| 1. Employ and maintain an office staff; | | | 14| 2. Enter into contracts on behalf of the Board; and | | | 15| 3. Perform other duties on behalf of the Board as needed or | | | 16|directed. | | | 17| G. All employees and positions shall be placed in unclassified | | | 18|status, exempt from the provisions of the Oklahoma Personnel Act. | | | 19| | | | 20| 60-1-10609 SW 12/04/24 | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 10609 Page 5