Bill Text For HB4275 - Engrossed

 1|ENGROSSED HOUSE                                                        |
  |BILL NO. 4275                        By: Miller of the House           |
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  |                                         and                           |
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  |                                         Reinhardt of the Senate       |
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 6|       An Act relating to mental health; amending 43A O.S.             |
  |       2021, Section 3-318, which relates to rules and                 |
 7|       standards for certification of behavioral health case           |
  |       managers, application for certification, fee, titles,           |
 8|       and compliance; providing uniformity in rules and               |
  |       standards for certification for behavioral health               |
 9|       case managers; amending 43A O.S. 2021, Section 3-326,           |
  |       which relates to certification as peer recovery                 |
10|       support specialists, rules, application, fees,                  |
  |       titles, and penalties; providing uniformity in rules            |
11|       and standards for certification for peer recovery               |
  |       support specialists; and providing an effective date.           |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     AMENDATORY     43A O.S. 2021, Section 3-318, is     |
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16|amended to read as follows:                                            |
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17|    Section 3-318.  A.  The Board of Mental Health and Substance       |
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18|Abuse Services shall promulgate rules and standards for                |
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19|certification of behavioral health case managers who are:              |
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20|    1.  Employed by the state, a municipality, or county;              |
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21|    2.  Employed by behavioral services providers contracting with     |
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22|the state to provide behavioral health services;                       |
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23|    3.  Employed by organizations certified by the Department of       |
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24|Mental Health and Substance Abuse Services;                            |
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arsid5596840 ENGR. H. B. NO. 4275                                  Page 1
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 1|    4.  Employed by a tribe or tribal facility that provides           |
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 2|behavioral health services; or                                         |
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 3|    4. 5.  Employed by an Oklahoma Department of Veterans Affairs or   |
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 4|a United States Department of Veterans Affairs facility.               |
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 5|    B.  Such rules and standards shall address criteria for            |
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 6|certification and renewal, including minimum education requirements,   |
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 7|examination and supervision requirements, continuing education         |
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 8|requirements, and rules of professional conduct.                       |
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 9|    C.  Application for certification as a behavioral health case      |
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10|manager shall be made to the Department of Mental Health and           |
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11|Substance Abuse Services on prescribed forms.  The Board, or the       |
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12|Commissioner of Mental Health and Substance Abuse Services upon        |
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13|delegation by the Board, may certify the behavioral health case        |
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14|manager for a period of two (2) years subject to renewal as provided   |
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15|in the rules promulgated by the Board.                                 |
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16|    D.  The Board is authorized to establish an application and        |
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17|renewal fee of no more than One Hundred Dollars ($100.00) to defray    |
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18|the costs incurred in the certification process.                       |
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19|    E.  Behavioral health case managers certified by the Board or      |
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20|the Commissioner shall only use the title "certified behavioral        |
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21|health case manager" if employed by the state, a municipality, or      |
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22|county, employed by behavioral services providers contracting with     |
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23|the state to provide behavioral health services, employed by           |
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24|organizations certified by the Department of Mental Health and         |
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arsid5596840 ENGR. H. B. NO. 4275                                  Page 2
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 1|Substance Abuse Services, employed by a tribe or tribal facility       |
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 2|that provides behavioral health services or employed by an Oklahoma    |
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 3|Department of Veterans Affairs or a United States Department of        |
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 4|Veterans Affairs facility.  This section shall not be construed to     |
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 5|permit the certified behavioral health case manager to practice any    |
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 6|of the following professions or use the following titles unless also   |
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 7|licensed or accredited by the appropriate authority:  physician,       |
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 8|psychologist, clinical social worker, professional counselor,          |
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 9|marital and family therapist, behavioral practitioner, or alcohol      |
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10|and drug counselor.                                                    |
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11|    F.  Failure to comply with rules and standards promulgated by      |
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12|the Board shall be grounds for revocation, suspension or nonrenewal    |
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13|of certification.                                                      |
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14|    G.  No behavioral health case manager shall operate or continue    |
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15|to operate as a behavioral health case manager unless the case         |
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16|manager complies with the rules promulgated by the Board and is        |
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17|certified as required by this section.                                 |
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18|    SECTION 2.     AMENDATORY     43A O.S. 2021, Section 3-326, is     |
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19|amended to read as follows:                                            |
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20|    Section 3-326.  A.  The Board of Mental Health and Substance       |
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21|Abuse Services shall promulgate rules for certification of peer        |
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22|recovery support specialists who are:                                  |
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23|    1.  Employed by the state, a municipality, or county;              |
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24|                                                                       |
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arsid5596840 ENGR. H. B. NO. 4275                                  Page 3
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 1|    2.  Employed by a behavioral services provider contracting with    |
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 2|the state to provide behavioral health services;                       |
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 3|    3.  Employed by a behavioral services provider certified by the    |
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 4|Department of Mental Health and Substance Abuse Services.  Provided,   |
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 5|however, that certification as a peer recovery support specialist      |
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 6|pursuant to this subsection shall be limited to providing services     |
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 7|within the employer's area of certification;                           |
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 8|    4.  Employed by a tribe or a tribal facility that provides         |
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 9|behavioral health services; or                                         |
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10|    5.  Employed by an Oklahoma Department of Veterans Affairs or a    |
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11|United States Department of Veterans Affairs facility.                 |
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12|    B.  Such rules shall address criteria for certification and        |
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13|renewal, including minimum education requirements, examination and     |
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14|supervision requirements, continuing education requirements, and       |
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15|rules of professional conduct.                                         |
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16|    C.  Application for certification as a peer recovery support       |
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17|specialist shall be made to the Department of Mental Health and        |
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18|Substance Abuse Services on prescribed forms.  The Board, or the       |
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19|Commissioner of Mental Health and Substance Abuse Services upon        |
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20|delegation by the Board, may certify the peer recovery support         |
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21|specialist for a period of two (2) years subject to renewal as         |
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22|provided in the rules promulgated by the Board.                        |
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arsid5596840 ENGR. H. B. NO. 4275                                  Page 4
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 1|    D.  The Board is authorized to establish an application and        |
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 2|renewal fee of no more than One Hundred Dollars ($100.00) to defray    |
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 3|the costs incurred in the certification process.                       |
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 4|    E.  A peer recovery support specialist certified by the Board or   |
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 5|the Commissioner shall only use the title "certified peer recovery     |
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 6|support specialist" if employed by the state, a municipality, or       |
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 7|county, employed by behavioral services providers contracting with     |
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 8|or certified by the state to provide behavioral health services,       |
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 9|employed by a tribe or tribal facility that provides behavioral        |
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10|health services or employed by an Oklahoma Department of Veterans      |
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11|Affairs or a United States Department of Veterans Affairs facility.    |
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12|This section shall not be construed to permit the certified peer       |
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13|recovery support specialist to practice any of the following           |
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14|professions or use the following titles unless also licensed or        |
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15|accredited by the appropriate authority:                               |
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16|    1.  Physician;                                                     |
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17|    2.  Psychologist;                                                  |
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18|    3.  Clinical social worker;                                        |
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19|    4.  Professional counselor;                                        |
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20|    5.  Marital and family therapist;                                  |
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21|    6.  Behavioral practitioner; or                                    |
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22|    7.  Alcohol and drug counselor.                                    |
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23|    F.  No peer recovery support specialist shall operate or           |
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24|continue to operate as a peer recovery support specialist unless the   |
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arsid5596840 ENGR. H. B. NO. 4275                                  Page 5
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 1|peer recovery support specialist complies with the rules promulgated   |
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 2|by the Board and is certified as required by this section.             |
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 3|    G.  Failure to comply with rules promulgated by the Board shall    |
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 4|be grounds for revocation, suspension, or nonrenewal of                |
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 5|certification.                                                         |
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 6|    SECTION 3.  This act shall become effective November 1, 2026.      |
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 7|    Passed the House of Representatives the 18th day of February,      |
  |2026.                                                                  |
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10|                                     Presiding Officer of the House    |
  |                                                 of Representatives    |
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12|    Passed the Senate the ___ day of __________, 2026.                 |
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  |                                    Presiding Officer of the Senate    |
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arsid5596840 ENGR. H. B. NO. 4275                                  Page 6
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