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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 1288 By: Daniels of the Senate
and
Lepak of the House
An Act relating to the practice of behaviora l health;
amending 59 O.S. 2021, Section 6001, which relates to
the State Board of Behavioral Health Licensure ;
removing certain limitation on appointees; and
providing an effective dat e.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 6001, is
amended to read as follows:
Section 6001. A. 1. There is hereby re-created the State
Board of Behavioral Health Licensure to continue until July 1, 2023,
in accordance with the provisions of the Okla homa Sunset Law.
2. Members of the Board shall serve at the pleasure of and may
be removed from office by the appointing authority. Members shall
continue to serve until their suc cessors are appointed. Any vacancy
shall be filled in the same manner as t he original appointments.
Four members shall constitute a quorum.
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3. The Board shall meet at least twice a year, but no more than
four (4) times a year and shall elect a chair and a vice-chair from
among its members. The Board shall only meet as require d for:
a. election of officers,
b. establishment of meeting dates and times,
c. rule development,
d. review and recommendation, and
e. adoption of nonbinding resolutions to the Boar d
concerning matters brought before the Board.
4. Special meetings may be called by the chair or by
concurrence of any three members.
B. 1. All members of the Boar d shall be knowledgeable of
counseling issues. The Board shall be appointed by the Govern or
with the advice and consent of the Senate:
a. four members who are licen sed professional counselors,
b. three members who are licensed family and marital
therapists,
c. two members who are licensed behavioral practitioners,
and
d. two members representi ng the public and possessing
knowledge of counseling issues.
2. Members of the Board shall serve for a period of th ree (3)
years and may be removed at any time by th e appointing authority.
Vacancies on the Board shall be filled by the appointing authorit y.
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A majority of the Board shall constitute a quorum for the
transaction of business.
3. All appointees who are li censed professional counselors
shall be selected from a list of qualified candidates submitted by
the Executive Committee of the Oklahoma Co unseling Association
acting in conjunction with the executive committees of all state
professional counseling associ ations which represent a specialty
recognized pursuant to the Licensed Professional Counselors Act.
Appointees who are licensed marital and family therapists shall be
selected from a list of qualified candidates su bmitted by the
Oklahoma Association for M arriage and Family Therapy and who
represent a specialty recognized by the Marital and Family Therapist
Licensure Act. Appointees who are l icensed behavioral therapists
shall be selected from a list of qualified ca ndidates submitted by
the National Association for Masters in Psychology and who represent
a specialty recognized by the Licensed Behavioral Practitioner Act.
4. The members of the Board from each professional area of
behavioral health counseling shall co mprise separate committees and
shall consult on professional issues within their respective areas
of behavioral health counseling. Each committee shall recommend to
the Board approval or disapproval of all licenses to be issued
within its specialty. Each committee shall be authorized to
recommend approval or disapproval of the examination requ irements
for all applicants for licensure in the respective area of
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behavioral health coun seling, provide grading standards for
examinations, and provide for other m atters relating to licensure in
that area of behavioral health counseling. Each committee may
create advisory committees to consult on professional duties and
responsibilities purs uant to the provisions of this act section.
5. 4. Any and all recommendati ons, approvals, or disapprovals
made by a committee pursuant to the provisions of this sect ion shall
not become effective without the approval of a majority of members
of the Board.
6. 5. The jurisdictional areas of the Board shall include
professional counseling licensing and practice issues, marital and
family therapist licensing and practice issues, behavioral
practitioner licensing and practice issues and such other areas as
authorized by the Licensed Professional Counselors Act.
C. The Board shall no t recommend rules for promulgation unless
all applicable requirements of the Administrative Procedures Act
have been followed, including but not limited to notice, rule impact
statements and rule-making hearings.
D. Members of the Board shall serve withou t compensation but
may be reimbursed for expenses incur red in the performance of their
duties, as provided in the State Travel Reimbursement Act. The
Board is authorized to utilize the con ference rooms of and obtain
administrative assistance from the Stat e Board of Medical Licensure
and Supervision as require d.
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E. The Board is authorized and e mpowered to:
1. Establish and maintain a system of licensure and
certification pursuant to the pr ovisions of the Licensed
Professional Counselors Act;
2. Adopt and enforce standards governing the professional
conduct of persons licensed pursuant to the p rovisions of the
Licensed Professional Counselors Act;
3. Lease office space for the purpose of o perating and
maintaining a state office, and pay rent thereon; prov ided, however,
such state office shall not be located i n or directly adjacent to
the office of any person licensed pursuant to the provisions of the
Licensed Professional Counselors Act;
4. Purchase office furniture, equipment, and supplies;
5. Employ such office personnel as may be necessary, and fix
and pay their salaries or wages;
6. Contract with state agencies for the purposes of
investigating written complaints regarding the conduct of persons
licensed pursuant to the provisions of the Licensed Pro fessional
Counselors Act and obtaining administrative a ssistance as deemed
necessary by the Executive Director; and
7. Make such other expenditures as may be necessary in the
performance of its duties.
F. The Board shall employ an Executive Director. Th e Executive
Director shall be authorized to:
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1. Employ and maintain an office staff;
2. Enter into contracts on behalf of the Board; and
3. Perform other duties on behalf of the Board as needed or
directed.
G. All employees and positions shall be place d in unclassified
status, exempt from the provisions of the Oklahoma Personnel Act.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/13/2022 -
DO PASS.