1|ENGROSSED SENATE | |BILL NO. 396 By: Bergstrom of the Senate | 2| | | and | 3| | | Kendrix of the House | 4| | | | 5| | | | 6| An Act relating to professions and occupations; | | amending 59 O.S. 2021, Section 1873, as amended by | 7| Section 1, Chapter 88, O.S.L. 2023 (59 O.S. Supp. | | 2024, Section 1873), which relates to the Oklahoma | 8| Board of Licensed Alcohol and Drug Counselors; | | extending sunset date; updating statutory language; | 9| providing an effective date; and declaring an | | emergency. | 10| | | | 11| | | | 12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 13| SECTION 1. AMENDATORY 59 O.S. 2021, Section 1873, as | | | 14|amended by Section 1, Chapter 88, O.S.L. 2023 (59 O.S. Supp. 2024, | | | 15|Section 1873), is amended to read as follows: | | | 16| Section 1873. A. There is hereby re-created, to continue until | | | 17|July 1, 2025July 1, 2028, in accordance with the provisions of the | | | 18|Oklahoma Sunset Law, the Oklahoma Board of Licensed Alcohol and Drug | | | 19|Counselors, consisting of seven (7) members, to be appointed by the | | | 20|Governor, with the advice and consent of the Senate, as follows: | | | 21| 1. a. Six members who shall be alcohol and drug counselors | | | 22| certified by an entity recognized to do professional | | | 23| alcohol and drug counseling certification in this | | | 24| state; provided, however, five of such members shall | | | Page 1 ___________________________________________________________________________
1| subsequently secure licensure and one such member | | | 2| shall subsequently secure certification, pursuant to | | | 3| the provisions of the Licensed Alcohol and Drug | | | 4| Counselors Act, no later than January 1, 2005. | | | 5| b. Thereafter, five members shall be licensed alcohol | | | 6| and drug counselors at the time of appointment, and | | | 7| one member shall be certified as an alcohol and drug | | | 8| counselor at the time of appointment. | | | 9| c. Pursuant to the provisions of this paragraph, the | | | 10| Governor shall appoint: | | | 11| (1) four members from a list of names submitted by | | | 12| the Oklahoma Drug and Alcohol Professional | | | 13|CounselorsCounselor Association, | | | 14| (2) one member from a list of names submitted by the | | | 15| Oklahoma Substance Abuse Services Alliance, and | | | 16| (3) one member from a list of names submitted by the | | | 17| Oklahoma Citizen Advocates for Recovery and | | | 18|TreatmentTransformation Association. | | | 19| d. One member shall be appointed from and shall represent | | | 20| the general public. Such member shall be a resident | | | 21| of this state who has attained the age of majority and | | | 22| shall not be, nor shall ever have been, a licensed or | | | 23| certified alcohol and drug counselor, or the spouse of | | | 24| a licensed or certified alcohol and drug counselor, or | | | Page 2 ___________________________________________________________________________
1| a person who has ever had any material financial |
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2| interest in the provision of alcohol and drug |
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3| counseling services or has engaged in any activity |
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4| directly related to the practice of alcohol and drug |
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5| counseling. |
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6| 2. The composition of the Board shall include five members who |
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7|hold a master's or higher degree and one member whose highest degree |
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8|held is a bachelor's degree. |
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9| 3. The Governor shall appoint the members to the Board no later |
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10|than July 1, 2004. |
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11| B. Each member of the Board appointed as a licensed alcohol and |
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12|drug counselor shall: |
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13| 1. Be certified or licensed to engage in the practice of |
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14|alcohol and drug counseling in this state and shall be in good |
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15|standing; and |
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16| 2. Have at least three (3) years of experience in the practice |
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17|of alcohol and drug counseling in this state. |
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18| C. Two of the members initially appointed shall serve |
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19|three-year terms; two shall serve four-year terms; and three shall |
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20|serve five-year terms, as designated by the Governor. Thereafter, |
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21|the terms of all members shall be five (5) years. |
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22| D. A vacancy on the Board shall be filled in the same manner as |
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23|the original appointment for the balance of the unexpired term. |
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24|Members may succeed themselves but shall serve no more than two |
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1|consecutive terms. Each member shall serve until a successor is |
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2|appointed and qualified. |
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3| E. Members of the Board may be removed from office for one or |
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4|more of the following reasons: |
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5| 1. The refusal or inability for any reason to perform the |
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6|duties of a Board member in an efficient, responsible and |
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7|professional manner; |
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8| 2. The misuse of office for pecuniary or material gain or for |
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9|personal advantage for self or another; |
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10| 3. A violation of the laws or rules governing the practice of |
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11|alcohol and drug counseling; or |
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12| 4. Conviction of a felony as verified by a certified copy of |
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13|the record of the court of conviction. |
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14| F. Members of the Board shall serve without compensation, but |
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15|shall be reimbursed for actual and necessary travel expenses as |
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16|provided in the State Travel Reimbursement Act. |
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17| SECTION 2. This act shall become effective July 1, 2025. |
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18| SECTION 3. It being immediately necessary for the preservation |
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19|of the public peace, health or safety, an emergency is hereby |
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20|declared to exist, by reason whereof this act shall take effect and |
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21|be in full force from and after its passage and approval. |
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22| Passed the Senate the 25th day of March, 2025. |
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| Presiding Officer of the Senate |
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2| Passed the House of Representatives the ____ day of __________, |
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3|2025. |
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| Presiding Officer of the House |
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