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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1720 By: Dahm
AS INTRODUCED
An Act relating to occupation certification;
providing definitions; allowing for the pri vate
certification of professionals; requiring private
certifying organizations to register with the
Secretary of State; allowing the Secretary to impose
fees in order to maintain registry; requiring
participating organization to publish certain
information for applicants, require and verify t he
certifications necessary for certifying; allowing an
organization to require individuals to obtain a bo nd
for liability and pay fees to the organization during
certification; permitting an individual privately
licensed by an organization to participate in their
privately licensed occupation lawfully; prohibiting
the government to impose a penalty, fine, or fee on
individuals privately licensed ; requiring signage of
privately licensed individuals; providing necessary
information on signage; providing allowable terms for
privately licensed individuals to use; establishing
conditions for violations by the individual;
authorizing the Secretary to terminate registration
or participation of organization in violation of
consumer protections; providing exceptions not
limiting government enactme nt and enforcement;
prohibiting certain actions; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4160 of Title 59, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Government" means this state and its political
subdivisions;
2. "Lawful occupation" means a course of conduct, pur suit, or
profession that includes the sale of goods or services that is not
itself illegal irrespective of an occupational regulation;
3. "Occupational regulation " means a statute, ordinance, rule,
or other requirement in law t hat requires an individual to possess
certain personal qualifications to work i n a lawful occupation;
4. "Qualifications" means a criteria relat ed to an individual's
personal background that may include completion of an approved
educational program, satis factory performance on an examination,
work experience, criminal history, moral standing, completion of
continuing education, a standard of ethical behavior, or other
criteria as determined by a priv ate certifying organization to
qualify the individual to perform a service to an acceptable
standard as determined by the priv ate certifying organization;
5. "Private certification" means a nontransferable recognition
by a private certification organization that an individual meets
qualifications determined by the private certifying organization;
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6. "Private certifying organization " means a nongovernmental
organization that allows any individual to apply for private
certification regard less of the individual's race, creed, color,
ethnicity, national origin, religion, sex, sexual or ientation, or
marital status;
7. "Participating private certifying organization" means a
private certifying organization that registers and other wise meets
the criteria specified in subsection C of Section 2 of this act; and
8. "Private certified" is a designated title that an individual
may use if the individu al is certified by a participating private
certifying organization.
SECTION 2. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Se ction 4160.1 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. A private certifying org anization may voluntari ly
participate and register with the government unde r this section.
B. To participate, a private certification organization shall
register with the Secretary of State. It shall provide the
Secretary with the organization's name, address, officers, and the
names of individuals initially privately certified. The Secretary
may impose a registration fee to reco up its costs and promulgate
rules and forms to facilitate registration.
C. A participating private certifying organization s hall:
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1. Publish on a publicly accessible website all of the
following:
a. the scope of practice of each lawful occupation that
the organization certifies,
b. the qualifications that an individual must possess to
become certified by the private certifying
organization,
c. other factors the private cer tifying organization uses
to certify individuals, which may include consumer
comments, rankings, and other consumer-initiated
elements,
d. the names, business add resses, and websites of all
individuals privately certified by the organization ,
and
e. the state in which the private certi fying organization
is registered;
2. Require qualifications that are related to the lawful
occupation for which an individual is certified;
3. Verify an individual 's qualifications before certification
and periodically verify that the certified individual remains
eligible for certification;
4. Require a privately certified individual to prominently
display the private certification and make available material about
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the qualification and other factors required for the private
certification on request; and
5. Have at least fifty (50) priv ately certified indi viduals in
active practice in the United States after one (1) year of applying
for registration with the Secretary.
D. A participating private certifying organization may require
individuals it certifies to obtain and maintain a bond for liability
that is related to the practice of the individual's privately
certified lawful occupation.
E. A participating private certification organization may
require a privately certified individual to pay initial and ongoing
fees.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4160.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. An individual who is certified by a participating private
certifying organization may engage in the lawful occupation for
which that individual is pr ivately certified notwithstanding any
other occupational regulation enacted by the government.
B. The government shall not prohibit or impose a penalty, fine,
or fee on an individual who is certified by a participating private
certifying organization for engaging in a law ful occupation in
compliance with this act.
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SECTION 4. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 4160.3 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. An individual who is certified by a participating private
certifying organization and who engages in a lawful occupation for
which the government has otherwise enacted an occupation regulation
shall prominently display a sign with lettering that is at least on e
(1) inch in height stating:
1. The government licenses the service;
2. The individual is not licensed by the government;
3. The individual is privately certified with the name of the
private certifying or ganization; and
4. The contact information fo r the private certification
organization.
B. An individual who is certified by a participating private
certifying organization and who is not licensed, registered, or
certified by the government shall not use the term "licensed",
"certified", or "registered" to describe the individual's credential
or any words, titles, abbreviations, or letters that would induce a
reasonably knowledgeable consumer of such services to believe the
privately certified individual using them is occupationally
regulated by the government.
C. An individual who is certified by a participating private
certifying organization may use the term "privately certified" to
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describe the individual 's credentials or as part of a title or
designation.
SECTION 5. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 4160.4 of Title 59, unless there
is created a duplication in numbering, reads as follows:
An individual who knowingly and falsely claims to be priva tely
certified pursuant to this act is guilt y of fraud and subject to
penalties under the Ok lahoma Consumer Protection Act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4160.5 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The Secretary of State shall enforce this act and has the
authority to terminate the government's registration of the
participating private certifying organization for failure to
continue to meet the requirements in su bsection C of Section 2 of
this act.
B. The participating private certifying organization that
continues to operate ninety (90) days after failing to meet the
requirements in subsection C of Section 2 of this act is guilt y of
fraud and subject to punishment under the Oklaho ma Consumer
Protection Act.
C. Except to the extent that this act requires a privately
certified individual to possess qualifications established by the
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government to perform a law ful occupation, this act shall not limit
the government's authority to enact and enforce laws relati ng to:
1. A business license or permit, facility licen se, building
permit, or land use regulation; and
2. Public health, safety, and environmental regulations through
the enforcement of regulations other than occupational licenses
including the sale and use of subs tances that endanger public health
and safety if mishandled or improperly dispensed including
chemicals, explosives, an d pharmaceuticals.
D. Nothing in this act shall be const rued to:
1. Change the government's sole authority to require an
individual to obtain and ma intain a government-issued driver license
and related insurance for personal or commercial vehicle use;
2. Limit damages in a private civil action against an
individual who is privately certified or who knowingly and falsely
claims to be privately certified;
3. Require a private party or the government to do business
with an individual who is not licensed, certified, or registered
with the government;
4. Create a cause of action against a private party or the
government;
5. Allow for private certification of occupations regulated by
the federal government or required by federal law to be
occupationally licensed by the government;
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6. Require a private certification organization to participate
and register with the government under this act;
7. Increase the authority of the government to regulate
nonparticipating private certification organizations;
8. Require doctors and other medical professio nals to obtain
operating room privileges or other cred entials from the state,
hospitals, or clinics to perform surgery or an operation; or
9. Reduce the authority of the Supreme Court to regulate who
may issue subpoenas, serve discovery, and lit igate cases before
state judges.
SECTION 7. This act shall become effective November 1, 2022.
58-2-3218 MR 1/20/2022 5:58:35 PM