1| SENATE FLOOR VERSION |
| February 24, 2025 |
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3|SENATE BILL NO. 1040 By: Daniels |
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6| An Act relating to the practice of alcohol and drug |
| counseling; amending 59 O.S. 2021, Section 1873, as |
7| amended by Section 1, Chapter 88, O.S.L. 2023 (59 |
| O.S. Supp. 2024, Section 1873), which relates to the |
8| Oklahoma Board of Licensed Alcohol and Drug |
| Counselors; removing certain limitation on |
9| appointees; permitting the Governor to consider |
| certain recommendations; and providing an effective |
10| date. |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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14| SECTION 1. AMENDATORY 59 O.S. 2021, Section 1873, as |
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15|amended by Section 1, Chapter 88, O.S.L. 2023 (59 O.S. Supp. 2024, |
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16|Section 1873), is amended to read as follows: |
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17| Section 1873. A. There is hereby re-created, to continue until |
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18|July 1, 2025, in accordance with the provisions of the Oklahoma |
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19|Sunset Law, the Oklahoma Board of Licensed Alcohol and Drug |
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20|Counselors, consisting of seven (7) members, to be appointed by the |
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21|Governor, with the advice and consent of the Senate, as follows: |
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22| 1. a. Six members who shall be alcohol and drug counselors |
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23| certified by an entity recognized to do professional |
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24| alcohol and drug counseling certification in this |
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1| state; provided, however, five of such members shall |
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2| subsequently secure licensure and one such member |
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3| shall subsequently secure certification, pursuant to |
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4| the provisions of the Licensed Alcohol and Drug |
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5| Counselors Act, no later than January 1, 2005. |
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6| b. Thereafter, five members shall be licensed alcohol |
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7| and drug counselors at the time of appointment, and |
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8| one member shall be certified as an alcohol and drug |
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9| counselor at the time of appointment. |
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10| c. Pursuant to the provisions of this paragraph, the |
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11| Governor shall appoint: |
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12| (1) four members from a list of names submitted by |
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13| the Oklahoma Drug and Alcohol Professional |
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14| Counselors Association, |
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15| (2) one member from a list of names submitted by the |
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16| Oklahoma Substance Abuse Services Alliance, and |
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17| (3) one member from a list of names submitted by the |
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18| Oklahoma Citizen Advocates for Recovery and |
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19| Treatment Association |
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20| In selecting appointees, the Governor may consider |
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21| recommendations from a statewide organization |
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22| representing alcohol and drug counselors, a state |
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23| chapter of a national organization representing |
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24| alcohol and drug counselors, a statewide organization |
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1| representing individuals in recovery, or other groups |
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2| or individuals in this state. |
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3| d. One member shall be appointed from and shall represent |
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4| the general public. Such member shall be a resident |
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5| of this state who has attained the age of majority and |
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6| shall not be, nor shall ever have been, a licensed or |
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7| certified alcohol and drug counselor, or the spouse of |
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8| a licensed or certified alcohol and drug counselor, or |
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9| a person who has ever had any material financial |
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10| interest in the provision of alcohol and drug |
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11| counseling services or has engaged in any activity |
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12| directly related to the practice of alcohol and drug |
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13| counseling. |
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14| 2. The composition of the Board shall include five members who |
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15|hold a master's or higher degree and one member whose highest degree |
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16|held is a bachelor's degree. |
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17| 3. The Governor shall appoint the members to the Board no later |
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18|than July 1, 2004. |
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19| B. Each member of the Board appointed as a licensed alcohol and |
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20|drug counselor shall: |
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21| 1. Be certified or licensed to engage in the practice of |
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22|alcohol and drug counseling in this state and shall be in good |
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23|standing; and |
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1| 2. Have at least three (3) years of experience in the practice |
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2|of alcohol and drug counseling in this state. |
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3| C. Two of the members initially appointed shall serve |
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4|three-year terms; two shall serve four-year terms and three shall |
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5|serve five-year terms, as designated by the Governor. Thereafter, |
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6|the terms of all members shall be five (5) years. |
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7| D. A vacancy on the Board shall be filled in the same manner as |
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8|the original appointment for the balance of the unexpired term. |
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9|Members may succeed themselves but shall serve no more than two |
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10|consecutive terms. Each member shall serve until a successor is |
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11|appointed and qualified. |
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12| E. Members of the Board may be removed from office for one or |
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13|more of the following reasons: |
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14| 1. The refusal or inability for any reason to perform the |
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15|duties of a Board member in an efficient, responsible and |
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16|professional manner; |
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17| 2. The misuse of office for pecuniary or material gain or for |
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18|personal advantage for self or another; |
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19| 3. A violation of the laws or rules governing the practice of |
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20|alcohol and drug counseling; or |
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21| 4. Conviction of a felony as verified by a certified copy of |
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22|the record of the court of conviction. |
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1| F. Members of the Board shall serve without compensation, but |
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2|shall be reimbursed for actual and necessary travel expenses as |
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3|provided in the State Travel Reimbursement Act. |
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4| SECTION 2. This act shall become effective November 1, 2025. |
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5|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES |
|February 24, 2025 - DO PASS |
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