1| STATE OF OKLAHOMA | | | 2| 1st Session of the 60th Legislature (2025) | | | 3|SENATE BILL 317 By: Deevers | | | 4| | | | 5| AS INTRODUCED | | | 6| An Act relating to occupation certification; defining | | terms; allowing for the private certification of | 7| professionals; requiring certain organizations to | | register with the Secretary of State; allowing the | 8| Secretary to impose fees in order to maintain | | registry; requiring participating organizations to | 9| publish certain information for applicants; requiring | | certain certifications; allowing an organization to | 10| require individuals to obtain a bond for liability | | and pay fees to the organization during | 11| certification; permitting an individual privately | | licensed by an organization to participate in his or | 12| her privately licensed occupation lawfully; | | prohibiting the government from imposing a penalty, | 13| fine, or fee on individuals privately licensed; | | requiring signage of privately licensed individuals; | 14| providing necessary information on signage; providing | | allowable terms for privately licensed individuals to | 15| use; establishing conditions for violations by the | | individual; authorizing the Secretary to terminate | 16| registration or participation of organization in | | violation of consumer protections; providing | 17| exceptions not limiting government enactment and | | enforcement; prohibiting certain actions; providing | 18| for codification; and providing an effective date. | | | 19| | | | 20| | | | 21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 22| SECTION 1. NEW LAW A new section of law to be codified | | | 23|in the Oklahoma Statutes as Section 4160 of Title 59, unless there | | | 24|is created a duplication in numbering, reads as follows: | | | Req. No. 1423 Page 1 ___________________________________________________________________________
1| As used in this act: | | | 2| 1. "Government" means this state and its political | | | 3|subdivisions; | | | 4| 2. "Lawful occupation" means a course of conduct, pursuit, or | | | 5|profession that includes the sale of goods or services that is not | | | 6|itself illegal irrespective of an occupational regulation; | | | 7| 3. "Occupational regulation" means a statute, ordinance, rule, | | | 8|or other requirement in law that requires an individual to possess | | | 9|certain personal qualifications to work in a lawful occupation; | | | 10| 4. "Qualifications" means criteria related to an individual's | | | 11|personal background that may include completion of an approved | | | 12|educational program, satisfactory performance on an examination, | | | 13|work experience, criminal history, moral standing, completion of | | | 14|continuing education, a standard of ethical behavior, or other | | | 15|criteria as determined by a private certifying organization to | | | 16|qualify the individual to perform a service to an acceptable | | | 17|standard as determined by the private certifying organization; | | | 18| 5. "Private certification" means a nontransferable recognition | | | 19|by a private certifying organization that an individual meets | | | 20|qualifications determined by the private certifying organization; | | | 21| 6. "Private certifying organization" means a nongovernmental | | | 22|organization that allows any individual to apply for private | | | 23|certification regardless of the individual's race, creed, color, | | | 24| | | | Req. No. 1423 Page 2 ___________________________________________________________________________
1|ethnicity, national origin, religion, sex, sexual orientation, or | | | 2|marital status; | | | 3| 7. "Participating private certifying organization" means a | | | 4|private certifying organization that registers and otherwise meets | | | 5|the criteria specified in subsection C of Section 2 of this act; and | | | 6| 8. "Privately certified" is a designated title that an | | | 7|individual may use if the individual is certified by a participating | | | 8|private certifying organization. | | | 9| SECTION 2. NEW LAW A new section of law to be codified | | | 10|in the Oklahoma Statutes as Section 4160.1 of Title 59, unless there | | | 11|is created a duplication in numbering, reads as follows: | | | 12| A. A private certifying organization may voluntarily | | | 13|participate and register with the government under this section. | | | 14| B. To participate, a private certifying organization shall | | | 15|register with the Secretary of State. It shall provide the | | | 16|Secretary with the organization's name, address, officers, and the | | | 17|names of individuals initially privately certified. The Secretary | | | 18|may impose a registration fee to recoup its costs and promulgate | | | 19|rules and forms to facilitate registration. | | | 20| C. A participating private certifying organization shall: | | | 21| 1. Publish on a publicly accessible website all of the | | | 22|following: | | | 23| a. the scope of practice of each lawful occupation that | | | 24| the organization certifies, | | | Req. No. 1423 Page 3 ___________________________________________________________________________
1| b. the qualifications that an individual must possess to | | | 2| become certified by the private certifying | | | 3| organization, | | | 4| c. other factors the private certifying organization | | | 5| uses to certify individuals, which may include | | | 6| consumer comments, rankings, and other | | | 7| consumer-initiated elements, | | | 8| d. the names, business addresses, and websites of all | | | 9| individuals privately certified by the organization, | | | 10| and | | | 11| e. the state in which the private certifying | | | 12| organization is registered; | | | 13| 2. Require qualifications that are related to the lawful | | | 14|occupation for which an individual is certified; | | | 15| 3. Verify an individual's qualifications before certification | | | 16|and annually verify that the certified individual remains eligible | | | 17|for certification; | | | 18| 4. Require a privately certified individual to prominently | | | 19|display the private certification and make available material about | | | 20|the qualification and other factors required for the private | | | 21|certification on request; and | | | 22| 5. Have at least fifty privately certified individuals in | | | 23|active practice in the United States after one (1) year of applying | | | 24|for registration with the Secretary. | | | Req. No. 1423 Page 4 ___________________________________________________________________________
1| D. A participating private certifying organization may require | | | 2|individuals it certifies to obtain and maintain a bond for liability | | | 3|that is related to the practice of the individual's privately | | | 4|certified lawful occupation. | | | 5| E. A participating private certifying organization may require | | | 6|a privately certified individual to pay initial and ongoing fees. | | | 7| SECTION 3. NEW LAW A new section of law to be codified | | | 8|in the Oklahoma Statutes as Section 4160.2 of Title 59, unless there | | | 9|is created a duplication in numbering, reads as follows: | | | 10| A. An individual who is certified by a participating private | | | 11|certifying organization may engage in the lawful occupation for | | | 12|which that individual is privately certified notwithstanding any | | | 13|other occupational regulation enacted by the government. | | | 14| B. The government shall not prohibit or impose a penalty, fine, | | | 15|or fee on an individual who is certified by a participating private | | | 16|certifying organization for engaging in a lawful occupation in | | | 17|compliance with this act. | | | 18| SECTION 4. NEW LAW A new section of law to be codified | | | 19|in the Oklahoma Statutes as Section 4160.3 of Title 59, unless there | | | 20|is created a duplication in numbering, reads as follows: | | | 21| A. An individual who is certified by a participating private | | | 22|certifying organization and who engages in a lawful occupation for | | | 23|which the government has otherwise enacted an occupation regulation | | | 24| | | | Req. No. 1423 Page 5 ___________________________________________________________________________
1|shall prominently display a sign with lettering that is at least one | | | 2|(1) inch in height stating: | | | 3| 1. The government licenses the service; | | | 4| 2. The individual is not licensed by the government; | | | 5| 3. The individual is privately certified with the name of the | | | 6|private certifying organization; and | | | 7| 4. The contact information for the private certifying | | | 8|organization. | | | 9| B. An individual who is certified by a participating private | | | 10|certifying organization and who is not licensed, registered, or | | | 11|certified by the government shall not use the term "licensed", | | | 12|"certified", or "registered" to describe the individual's credential | | | 13|or any words, titles, abbreviations, or letters that would induce a | | | 14|reasonably knowledgeable consumer of such services to believe the | | | 15|privately certified individual is occupationally regulated by the | | | 16|government. | | | 17| C. An individual who is certified by a participating private | | | 18|certifying organization may use the term "privately certified" to | | | 19|describe the individual's credentials or as part of a title or | | | 20|designation. | | | 21| SECTION 5. NEW LAW A new section of law to be codified | | | 22|in the Oklahoma Statutes as Section 4160.4 of Title 59, unless there | | | 23|is created a duplication in numbering, reads as follows: | | | 24| | | | Req. No. 1423 Page 6 ___________________________________________________________________________
1| An individual who knowingly and falsely claims to be privately | | | 2|certified pursuant to this act is guilty of fraud and subject to | | | 3|penalties under the Oklahoma Consumer Protection Act. | | | 4| SECTION 6. NEW LAW A new section of law to be codified | | | 5|in the Oklahoma Statutes as Section 4160.5 of Title 59, unless there | | | 6|is created a duplication in numbering, reads as follows: | | | 7| A. The Secretary of State shall enforce this act and has the | | | 8|authority to terminate the government's registration of the | | | 9|participating private certifying organization for failure to | | | 10|continue to meet the requirements of subsection C of Section 2 of | | | 11|this act. | | | 12| B. The participating private certifying organization that | | | 13|continues to operate ninety (90) days after failing to meet the | | | 14|requirements of subsection C of Section 2 of this act is guilty of | | | 15|fraud and subject to punishment under the Oklahoma Consumer | | | 16|Protection Act. | | | 17| C. Except to the extent that this act requires a privately | | | 18|certified individual to possess qualifications established by the | | | 19|government to perform a lawful occupation, this act shall not limit | | | 20|the government's authority to enact and enforce laws relating to: | | | 21| 1. A business license or permit, facility license, building | | | 22|permit, or land use regulation; and | | | 23| 2. Public health, safety, and environmental regulations through | | | 24|the enforcement of regulations other than occupational licenses | | | Req. No. 1423 Page 7 ___________________________________________________________________________
1|including the sale and use of substances that endanger public health | | | 2|and safety if mishandled or improperly dispensed including | | | 3|chemicals, explosives, and pharmaceuticals. | | | 4| D. Nothing in this act shall be construed to: | | | 5| 1. Change the government's sole authority to require an | | | 6|individual to obtain and maintain a government-issued driver license | | | 7|and related insurance for personal or commercial vehicle use; | | | 8| 2. Limit damages in a private civil action against an | | | 9|individual who is privately certified or who knowingly and falsely | | | 10|claims to be privately certified; | | | 11| 3. Require a private party or the government to do business | | | 12|with an individual who is not licensed, certified, or registered | | | 13|with the government; | | | 14| 4. Create a cause of action against a private party or the | | | 15|government; | | | 16| 5. Allow for private certification of occupations regulated by | | | 17|the federal government or required by federal law to be | | | 18|occupationally licensed by the government; | | | 19| 6. Require a private certifying organization to participate and | | | 20|register with the government under this act; | | | 21| 7. Increase the authority of the government to regulate | | | 22|nonparticipating private certifying organizations; | | | 23| | | | 24| | | | Req. No. 1423 Page 8 ___________________________________________________________________________
1| 8. Require doctors and other medical professionals to obtain | | | 2|operating room privileges or other credentials from the state, | | | 3|hospitals, or clinics to perform surgery or an operation; or | | | 4| 9. Reduce the authority of the Supreme Court to regulate who | | | 5|may issue subpoenas, serve discovery, and litigate cases before | | | 6|state judges. | | | 7| SECTION 7. This act shall become effective November 1, 2025. | | | 8| | | | 9| 60-1-1423 CAD 12/31/2024 5:08:24 PM | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 1423 Page 9