1|ENGROSSED SENATE | |BILL NO. 397 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 6001, as last amended | 7| by Section 1, Chapter 89, O.S.L. 2023 (59 O.S. Supp. | | 2024, Section 6001), which relates to the State Board | 8| of Behavioral Health Licensure; extending sunset | | date; updating statutory language; providing an | 9| 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 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 untilJuly 1, 2025| | | 18|July 1, 2028, in accordance with the provisions of the Oklahoma | | | 19|Sunset Law. | | | 20| 2. Members of the Board shall serve at the pleasure of and may | | | 21|be removed from office by the appointing authority. Members shall | | | 22|continue to serve until their successors are appointed. Any vacancy | | | 23|shall be filled in the same manner as the original appointments. | | | 24|Four members shall constitute a quorum. | | | 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 avice-chairvice | | | 3|chair from among its members. The Board shall only meet as required | | | 4|for: | | | 5| a. election of officers, | | | 6| b. establishment of meeting dates and times, | | | 7| c. rule development, | | | 8| d. review and recommendation, and | | | 9| e. adoption of nonbinding resolutions to the Board | | | 10| concerning matters brought before the Board. | | | 11| 4. Special meetings may be called by the chair or by | | | 12|concurrence of any three members. | | | 13| B. 1. All members of the Board shall be knowledgeable of | | | 14|counseling issues. The Board shall be appointed by the Governor | | | 15|with the advice and consent of the Senate: | | | 16| a. four members who are licensed professional | | | 17| counselors, | | | 18| b. three members who are licensed family and marital | | | 19| therapists, | | | 20| c. two members who are licensed behavioral | | | 21| practitioners, and | | | 22| d. two members representing the public and possessing | | | 23| knowledge of counseling issues. | | | 24| | | | Page 2 ___________________________________________________________________________
1| 2. Members of the Board shall serve for a period of three (3) |
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2|years and may be removed at any time by the appointing authority. |
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3|Vacancies on the Board shall be filled by the appointing authority. |
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4|A majority of the Board shall constitute a quorum for the |
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5|transaction of business. |
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6| 3. The members of the Board from each professional area of |
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7|behavioral health counseling shall comprise separate committees and |
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8|shall consult on professional issues within their respective areas |
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9|of behavioral health counseling. Each committee shall recommend to |
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10|the Board approval or disapproval of all licenses to be issued |
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11|within its specialty. Each committee shall be authorized to |
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12|recommend approval or disapproval of the examination requirements |
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13|for all applicants for licensure in the respective area of |
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14|behavioral health counseling, provide grading standards for |
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15|examinations, and provide for other matters relating to licensure in |
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16|that area of behavioral health counseling. Each committee may |
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17|create advisory committees to consult on professional duties and |
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18|responsibilities pursuant to the provisions of this section. |
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19| 4. Any and all recommendations, approvals, or disapprovals made |
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20|by a committee pursuant to the provisions of this section shall not |
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21|become effective without the approval of a majority of members of |
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22|the Board. |
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23| 5. The jurisdictional areas of the Board shall include |
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24|professional counseling licensing and practice issues, marital and |
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1|family therapist licensing and practice issues, behavioral |
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2|practitioner licensing and practice issues, and such other areas as |
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3|authorized by the Licensed Professional Counselors Act. |
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4| C. The Board shall not recommend rules for promulgation unless |
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5|all applicable requirements of the Administrative Procedures Act |
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6|have been followed including, but not limited to, notice, rule |
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7|impact statements, and rule-making hearings. |
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8| D. Members of the Board shall serve without compensation but |
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9|may be reimbursed for expenses incurred in the performance of their |
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10|duties, as provided in the State Travel Reimbursement Act. The |
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11|Board is authorized to utilize the conference rooms of and obtain |
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12|administrative assistance from the State Board of Medical Licensure |
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13|and Supervision as required. |
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14| E. The Board is authorized and empowered to: |
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15| 1. Establish and maintain a system of licensure and |
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16|certification pursuant to the provisions of the Licensed |
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17|Professional Counselors Act; |
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18| 2. Adopt and enforce standards governing the professional |
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19|conduct of persons licensed pursuant to the provisions of the |
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20|Licensed Professional Counselors Act; |
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21| 3. Lease office space for the purpose of operating and |
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22|maintaining a state office, and pay rent thereon; provided, however, |
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23|such state office shall not be located in or directly adjacent to |
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1|the office of any person licensed pursuant to the provisions of the |
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2|Licensed Professional Counselors Act; |
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3| 4. Purchase office furniture, equipment, and supplies; |
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4| 5. Employ such office personnel as may be necessary, and fix |
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5|and pay their salaries or wages; |
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6| 6. Contract with state agencies for the purposes of |
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7|investigating written complaints regarding the conduct of persons |
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8|licensed pursuant to the provisions of the Licensed Professional |
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9|Counselors Act and obtaining administrative assistance as deemed |
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10|necessary by the Executive Director; and |
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11| 7. Make such other expenditures as may be necessary in the |
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12|performance of its duties. |
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13| F. The Board shall employ an Executive Director. The Executive |
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14|Director shall be authorized to: |
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15| 1. Employ and maintain an office staff; |
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16| 2. Enter into contracts on behalf of the Board; and |
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17| 3. Perform other duties on behalf of the Board as needed or |
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18|directed. |
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19| G. All employees and positions shall be placed in unclassified |
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20|status, exempt from the provisions of the Oklahoma Personnel Act. |
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21| SECTION 2. This act shall become effective July 1, 2025. |
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22| SECTION 3. It being immediately necessary for the preservation |
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23|of the public peace, health or safety, an emergency is hereby |
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1|declared to exist, by reason whereof this act shall take effect and |
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2|be in full force from and after its passage and approval. |
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3| Passed the Senate the 25th day of March, 2025. |
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| Presiding Officer of the Senate |
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7| Passed the House of Representatives the ____ day of __________, |
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8|2025. |
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| Presiding Officer of the House |
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