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SENATE FLOOR VERSION
April 5, 2023
ENGROSSED HOUSE
BILL NO. 2815 By: Kendrix of the House
and
Daniels of the Senate
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, Section 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 fo llows:
Section 6001. A. 1. There is hereby re-created the State
Board of Behavioral He alth Licensure to continue until July 1, 2023
2025, 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 their successors are appointed. Any vacancy
shall be filled in the same manner as the original appoi ntments.
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 s hall elect a chair and a vice-chair from
among its members. The Board 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 r esolutions 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 Board shall be knowledgeable of
counseling issues. The Board shall be a ppointed by the 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 remo ved at any time by the appointing authority.
Vacancies on the Board shall be filled by t he appointing authority.
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A majority of the Board shall constitute a quorum for the
transaction of business.
3. The members of the Board from each professional area o f
behavioral health counseling shall comprise separate c ommittees 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 t o be issued
within its specialty. Each committee shall be authorized to
recommend approval or disapproval of the examination requirements
for all applicants for licensure in the respective area of
behavioral health coun seling, provide grading standards fo r
examinations, and provide for other matters relating t o 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 section.
4. Any and all recommendations, approvals, o r disapprovals made
by a committee pursuant to the provisions of this section 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 Counselor s Act.
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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 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 State Board of Medica l Licensure
and Supervision as require d.
E. The Board is authorized and empowered 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 standard s governing the professional
conduct of persons licensed pursuant to the provisions of the
Licensed Professional 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 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;
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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 purposes of
investigating written complaints regarding the con duct of persons
licensed pursuant to the pr ovisions 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 emplo y 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.
COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES
April 5, 2023 - DO PASS