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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 756 By: Bergstrom
AS INTRODUCED
An Act relating to occupational certification;
creating the Oklahoma Certification Opportunity Act;
providing short title; defining terms; providing for
voluntary private certifications and registration;
stating requirements for registrations; mandating
publication of certain information on website;
authorizing private bond and fees; preempting certain
government regulations; prohibiting certain
penalties; providing for certain signs; prohibiting
use of certain titles ; making certain acts fraud;
setting penalty; providing for enforcement;
construing provisions; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4500 of Title 59 , unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma
Certification Opportunity Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4500.1 of Title 59, unless there
is created a duplicati on in numbering, reads as follows:
DEFINITIONS
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1. “Government” means the State of Oklahoma and its political
subdivisions;
2. “Lawful occupation” means a course of conduct, pursuit 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, ordi nance, rule or
other requirement in law that requires an individual to possess certain
personal qualifications to work in a lawful occupation;
4. “Qualifications” means criteria related to an individual’s
personal background that may include completion of an approved
educational program, satisfactory performance on an examination, work
experience, criminal history, moral standing, completion of continuing
education, a standar d of ethical behavior or other criteria as
determined by a private certifying organization to qualify the
individual to perform a service to an acceptable standard as
determined by the private certifying organization;
5. “Private certification” means a nontransferable recognition by a
private certifying organization that an individual meets the
qualifications determined by the private certifying organization;
6. “Private certifying organization” means a nongovernmental
organization that allows any individual to apply for private
certification regardless of the individual’s race, creed, color,
ethnicity, national origin, religion, sex, sexual orientation, or
marital status;
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7. “Participating private certifying organization ” means a
private certifying organization that registers and otherwise meets the
criteria specified in subsection C of Section 3 of this act; and
8. “Privately certified” means a designated title that an
individual may use if the individual is certified by a participating
private certifying organization.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4500.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
PRIVATE CERTIFYING ORGANIZATIONS; BOND
A. A private certifying organization may voluntarily participate
and register with the government under this section.
B. To participate, a private certification organiza tion 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 recoup its costs and promulgate rules and forms
to facilitate registration.
C. A participating private certifying organization shall:
1. Publish on a publicly accessible website all of the following:
a. the scope of practice for each lawful occupation that
the organization certifies,
b. the qualifications that an individual mu st possess to
become certified by the private certifying organization,
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c. other factors the private certifying organization uses
to certify individuals which may include consumer
comments, rankings and other consumer-initiated
elements,
d. the names, business addresses and websites of all
individuals privately certified by the organization, and
e. the states in which the private certifying 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 c ertified individual to prominently
display the private certification and make available materials about
the qualifications and other factors required for the private
certification on request; and
5. Have at least fifty privately certified individuals in active
practice in the United States after one year of applying for
registration with the Secretary of State of this state.
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.
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E. A participating private certification organization may require
a privately certified individual to pay initial and ongoing fees.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4500.3 of Title 59, unless there
is created a duplication in numb ering, reads as follows:
RIGHT TO ENGAGE IN A LAWFUL OCCUPATION
A. An individual who is certified by a participating private
certifying organization may engage in the la wful occupation for which
that individual is privately 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 lawful occupation in
compliance with this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4500.4 of Title 59, unless there
is created a duplication in numbering, reads as follows:
SIGN; VIOLATION; CLASSIFICATION
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 occupational regulation
must prominently display a sign with lettering that is at least one
inch in height stating that (1) the government licenses the service;
(2) the individual is not licensed b y the government, (3) the
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individual is privately certified by ____(the name of the private
certifying organization), and (4) the contact information of 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 servi ces 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
describe the individ ual’s credentials or as part of a title or
designation.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4500.5 of Title 59, unless there
is created a duplication in numbering, reads as follo ws:
FALSE CLAIM; VIOLATION; CLASSIFICATION
An individual who knowingly and falsely claims to be privately
certified pursuant to this act is subject to penalties under the
state’s deceptive trade practices act.
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SECTION 7. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 4500.6 of Title 59, unless there
is created a duplication in numb ering, reads as follows:
ENFORCEMENT
A. The Secretary of State shall enforce the provisions of this act
and has the authority to terminate the government registration of the
participating private certifying organization for failure to continue
to meet the requirements in subsection C of Section 3 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 3 of this act is subject to
the Oklahoma Deceptive Trade Practices Act.
C. Except to the extent that this act requires a privately
certified individual to possess qualifications established by the
government to perform a lawful occu pation, this act does not limit
the government’s authority to enact and enforce laws relating to:
1. A business license or permit, facility license, building
permit or land use regulation; and
2. Public health, safety, and environmental reg ulations through
the enforcement of regulation s other than occupational licenses
including the sale and use of substances that endanger public health
and safety if mishandled or improperly dispensed including chemicals,
explosives and pharmaceuticals.
D. Nothing in this act shall be construed to:
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1. Change the government’s sole authority to require an
individual to obtain and maintain 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;
6. Require a private certification organization to participate
and register with the government under this chapter;
7. Increase the authority of the government to regulate
nonparticipating priva te certification organizations;
8. Require doctors and other medical profes sional to obtain
operating room privileges or other credentials from the state,
hospitals or clinics to perform surgery or an ope ration; or
9. Reduce the authority of the Oklahoma Supreme Court to regulate
who may issue subpoenas, serve discovery and litigate cases before
state judges.
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SECTION 8. This act shall become effective Nove mber 1, 2021.
58-1-15 NP 1/21/2021 2:00:37 PM