Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1288 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1288 By: Daniels of the Senate
7	37
8	38		and
9	39
10	40		Lepak of the House
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14	45		An Act relating to the practice of behaviora l health;
15	46		amending 59 O.S. 2021, Section 6001, which relates to
16	47		the State Board of Behavioral Health Licensure ;
17	48		removing certain limitation on appointees; and
18	49		providing an effective dat e.
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22		-	~~SUBJECT: State Board of Behavioral Health Licensure~~
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24	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
25		-
26	56		SECTION 1. AMENDATORY 59 O.S. 2021, Section 6001, is
27	57		amended to read as follows:
28		-
29	58		Section 6001. A. 1. There is hereby re-created the State
30	59		Board of Behavioral Health Licensure to continue until July 1, 2023,
31	60		in accordance with the provisions of the Okla homa Sunset Law.
32		-
33	61		2. Members of the Board shall serve at the pleasure of and may
34	62		be removed from office by the appointing authority. Members shall
35	63		continue to serve until their suc cessors are appointed. Any vacancy
36	64		shall be filled in the same manner as t he original appointments.
37	65		Four members shall constitute a quorum.
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39	93		3. The Board shall meet at least twice a year, but no more than
40	94		four (4) times a year and shall elect a chair and a vice-chair from
41	95		among its members. The Board shall only meet as require d for:
42		-
43	96		a. election of officers,
44		-
45	97		b. establishment of meeting dates and times,
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47		-
48		-	ENR. S. B. NO. 1288 Page 2
49	98		c. rule development,
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51	99		d. review and recommendation, and
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53	100		e. adoption of nonbinding resolutions to the Boar d
54	101		concerning matters brought before the Board.
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56	102		4. Special meetings may be called by the chair or by
57	103		concurrence of any three members.
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59	104		B. 1. All members of the Boar d shall be knowledgeable of
60	105		counseling issues. The Board shall be appointed by the Govern or
61	106		with the advice and consent of the Senate:
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63	107		a. four members who are licen sed professional counselors,
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65	108		b. three members who are licensed family and marital
66	109		therapists,
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68	110		c. two members who are licensed behavioral practitioners,
69	111		and
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71	112		d. two members representi ng the public and possessing
72	113		knowledge of counseling issues.
73		-
74	114		2. Members of the Board shall serve for a period of th ree (3)
75	115		years and may be removed at any time by th e appointing authority.
76	116		Vacancies on the Board shall be filled by the appointing authorit y.
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77	144		A majority of the Board shall constitute a quorum for the
78	145		transaction of business.
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80	146		3. All appointees who are li censed professional counselors
81	147		shall be selected from a list of qualified candidates submitted by
82	148		the Executive Committee of the Oklahoma Co unseling Association
83	149		acting in conjunction with the executive committees of all state
84	150		professional counseling associ ations which represent a specialty
85	151		recognized pursuant to the Licensed Professional Counselors Act.
86	152		Appointees who are licensed marital and family therapists shall be
87	153		selected from a list of qualified candidates su bmitted by the
88	154		Oklahoma Association for M arriage and Family Therapy and who
89	155		represent a specialty recognized by the Marital and Family Therapist
90	156		Licensure Act. Appointees who are l icensed behavioral therapists
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92		-	ENR. S. B. NO. 1288 Page 3
93	157		shall be selected from a list of qualified ca ndidates submitted by
94	158		the National Association for Masters in Psychology and who represent
95	159		a specialty recognized by the Licensed Behavioral Practitioner Act.
96		-
97	160		4. The members of the Board from each professional area of
98	161		behavioral health counseling shall co mprise separate committees and
99	162		shall consult on professional issues within their respective areas
100	163		of behavioral health counseling. Each committee shall recommend to
101	164		the Board approval or disapproval of all licenses to be issued
102	165		within its specialty. Each committee shall be authorized to
103	166		recommend approval or disapproval of the examination requ irements
104	167		for all applicants for licensure in the respective area of
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105	195		behavioral health coun seling, provide grading standards for
106	196		examinations, and provide for other m atters relating to licensure in
107	197		that area of behavioral health counseling. Each committee may
108	198		create advisory committees to consult on professional duties and
109	199		responsibilities purs uant to the provisions of this act section.
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111	200		5. 4. Any and all recommendati ons, approvals, or disapprovals
112	201		made by a committee pursuant to the provisions of this sect ion shall
113	202		not become effective without the approval of a majority of members
114	203		of the Board.
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116	204		6. 5. The jurisdictional areas of the Board shall include
117	205		professional counseling licensing and practice issues, marital and
118	206		family therapist licensing and practice issues, behavioral
119	207		practitioner licensing and practice issues and such other areas as
120	208		authorized by the Licensed Professional Counselors Act.
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122	209		C. The Board shall no t recommend rules for promulgation unless
123	210		all applicable requirements of the Administrative Procedures Act
124	211		have been followed, including but not limited to notice, rule impact
125	212		statements and rule-making hearings.
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127	213		D. Members of the Board shall serve withou t compensation but
128	214		may be reimbursed for expenses incur red in the performance of their
129	215		duties, as provided in the State Travel Reimbursement Act. The
130	216		Board is authorized to utilize the con ference rooms of and obtain
131	217		administrative assistance from the Stat e Board of Medical Licensure
132	218		and Supervision as require d.
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134	246		E. The Board is authorized and e mpowered to:
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136		-	ENR. S. B. NO. 1288 Page 4
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138	247		1. Establish and maintain a system of licensure and
139	248		certification pursuant to the pr ovisions of the Licensed
140	249		Professional Counselors Act;
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142	250		2. Adopt and enforce standards governing the professional
143	251		conduct of persons licensed pursuant to the p rovisions of the
144	252		Licensed Professional Counselors Act;
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146	253		3. Lease office space for the purpose of o perating and
147	254		maintaining a state office, and pay rent thereon; prov ided, however,
148	255		such state office shall not be located i n or directly adjacent to
149	256		the office of any person licensed pursuant to the provisions of the
150	257		Licensed Professional Counselors Act;
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152	258		4. Purchase office furniture, equipment, and supplies;
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154	259		5. Employ such office personnel as may be necessary, and fix
155	260		and pay their salaries or wages;
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157	261		6. Contract with state agencies for the purposes of
158	262		investigating written complaints regarding the conduct of persons
159	263		licensed pursuant to the provisions of the Licensed Pro fessional
160	264		Counselors Act and obtaining administrative a ssistance as deemed
161	265		necessary by the Executive Director; and
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163	266		7. Make such other expenditures as may be necessary in the
164	267		performance of its duties.
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166	268		F. The Board shall employ an Executive Director. Th e Executive
167	269		Director shall be authorized to:
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169	297		1. Employ and maintain an office staff;
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171	298		2. Enter into contracts on behalf of the Board; and
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173	299		3. Perform other duties on behalf of the Board as needed or
174	300		directed.
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176	301		G. All employees and positions shall be place d in unclassified
177	302		status, exempt from the provisions of the Oklahoma Personnel Act.
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180		-	ENR. S. B. NO. 1288 Page 5
181	303		SECTION 2. This act shall become effective November 1, 2022.
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183		-	Passed the Senate the 22nd day of March, 2022.
184		-
185		-
186		-
187		-	Presiding Officer of the Senate
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190		-	Passed the House of Repres entatives the 26th day of April, 2022.
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194		-	Presiding Officer of the House
195		-	of Representatives
196		-
197		-	OFFICE OF THE GOVERNOR
198		-	Received by the Office of the Governor this _______ _____________
199		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
200		-	By: _______________________________ __
201		-	Approved by the Governor of the State of Oklahoma this _____ ____
202		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
203		-
204		-	_________________________________
205		-	Governor of the State of Oklahoma
206		-
207		-
208		-	OFFICE OF THE SECRETARY OF STATE
209		-	Received by the Office of the Secretary of State this _______ ___
210		-	day of __________________, 20 _______, at _______ o'clock _______ M.
211		-	By: _______________________________ __
	305	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/13/2022 -
	306	+	DO PASS.