Req. No. 5998 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2815 By: Kendrix
AS INTRODUCED
An Act relating to sunset; amending 59 O.S. 2021,
Section 6001, as amended by Section 1, Chapter 128,
O.S.L. 2022 (59 O.S. Supp. 2022, S ection 6001), which
relates to the State Board of Behavioral Health
Licensure; re-creating the Board; and modifying
termination date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 6001, as
amended by Section 1, Chapter 128, O.S.L. 2022 (59 O.S. Supp. 2022,
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
2029, in accordance with the provisions of the Oklahoma Sunset Law.
2. Members of the Boar d shall serve at the pleasure of and may
be removed from office by the appointing authority. Members shall
continue to serve until t heir successors are appointed. Any vacancy
shall be filled in the same manner as the original appoi ntments.
Four members shall constitute a quorum.
Req. No. 5998 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. The Board shall meet at least twice a year, but no more than
four (4) times a year and shall elect a c hair and a vice-chair from
among its members. The Bo ard shall only meet as required 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 Board
concerning matters brought before the Board .
4. Special meetings may be called by the cha ir 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 th e Governor
with the advice and consent of the Senate:
a. four members who are licensed professional counselors,
b. three members who are licensed family and marital
therapists,
c. two members who are licensed behavioral practitioners,
and
d. two members representing the public and possessing
knowledge of counseling issues.
2. Members of the Board shall serve for a period of three (3)
years and may be removed at any time by th e appointing authority.
Vacancies on the Board shall be filled by the appointing authority.
Req. No. 5998 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A majority of the Board shall constitute a quorum for the
transaction of business.
3. The members of the Board from each professional area of
behavioral health counseling shall comprise separate c ommittees and
shall consult on professional iss ues within their respe ctive 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 disappro val of the examination requirements
for all applicants for licensure in the respective area of
behavioral health coun seling, provide grading standards for
examinations, and provide for other matters relating t o licensure in
that area of behavioral health c ounseling. Each commi ttee may
create advisory committees to consult on professional duties and
responsibilities purs uant to the provisions of this section.
4. Any and all recommendations, approvals, o r 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.
5. The jurisdictional areas of the Board shall include
professional counseling licensin g 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.
Req. No. 5998 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. The Board shall not 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 without compensation bu t
may be reimbursed for expenses incur red in the performan ce of their
duties, as provided in the State Travel R eimbursement Act. The
Board is authorized to utilize the con ference rooms of and obtain
administrative assistance from the State Board of Medica l Licensure
and Supervision as require d.
E. The Board is authorized and empowered to:
1. Establish and mainta in a system of licensure and
certification pursuant to the pr ovisions of the Licensed
Professional Counselors Act;
2. Adopt and enforce standard s governing the professional
conduct of persons licensed p ursuant to the provisions of the
Licensed Professiona l Counselors Act;
3. Lease office space for the purpose of operating and
maintaining a state office, and pay rent thereon; provided, however,
such state office shall not be located i n or directly adjace nt to
the office of any person licensed pursuant to t he provisions of the
Licensed Professional Counselors Act;
4. Purchase office furniture, equipment, and supplies;
Req. No. 5998 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. Employ such office personn el as may be necessary, and fix
and pay their salaries or wages;
6. Contract with state agencies for the purpo ses of
investigating written complaints regarding the con duct of persons
licensed pursuant to the provisions of the Licensed Professional
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. The Executive
Director shall be authorized to:
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 placed in unclassified
status, exempt from the provisions of the Oklahoma Personnel Act.
59-1-5998 LRB 01/09/23