Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB59 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. B. NO. 59 Page 1 1
	3	+	SENATE FLOOR VERSION - SB59 SFLR Page 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 59 By: Daniels of the Senate
	29	+	SENATE FLOOR VERSION
	30	+	February 23, 2023
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	32	+
	33	+	SENATE BILL NO. 59 By: Daniels of the Senate
30	34
31	35		and
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33	37		Kendrix of the House
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38	43		An Act relating to professions and occupations;
39	44		amending 59 O.S. 2021, Section 6001, as amended by
40	45		Section 1, Chapter 128, O.S.L. 2022 (59 O.S. Supp.
41	46		2022, Section 6001), which relates to the State Board
42	47		of Behavioral Health Licensure; extending su nset
43	48		date; providing an effective date; and declaring an
44	49		emergency.
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50	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
51	56		SECTION 1. AMENDATORY 59 O.S. 2021, Section 6001, as
52	57		amended by Section 1, Chapter 128, O.S.L. 2022 (59 O.S. Supp. 2022,
53	58		Section 6001), is amended to r ead as follows:
54	59		Section 6001. A. 1. There is hereby re-created the State
55	60		Board of Behavioral Health Licensure to continue until July 1, 2023
56	61		2026, in accordance with the provisions of the Oklahoma S unset Law.
57	62		2. Members of the Boar d shall serve at the pleasure of and may
58	63		be removed from office by the appointing authority. Mem bers shall
59	64		continue to serve until their suc cessors are appointed. Any vacancy
60		-	shall be filled in the same manner as the ori ginal appointments.
61		-	Four members shall constitute a quorum.
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63		-	ENGR. S. B. NO. 59 Page 2 1
	66	+	SENATE FLOOR VERSION - SB59 SFLR Page 2
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	92	+	shall be filled in the same manner as the ori ginal appointments.
	93	+	Four members shall constitute a quorum.
88	94		3. The Board shall meet at least twice a year, but no more than
89	95		four (4) times a year and shall elect a chair and a vice-chair vice
90	96		chair from among its members. The Board shall only meet as required
91	97		for:
92	98		a. election of officers,
93	99		b. establishment of meeting dates and times,
94	100		c. rule development,
95	101		d. review and recommendation, and
96	102		e. adoption of nonbinding resolutions to the Boar d
97	103		concerning matters brought before the Board.
98	104		4. Special meetings may be called by the chair or by
99	105		concurrence of any three members.
100	106		B. 1. All members of the Boar d shall be knowledgeable of
101	107		counseling issues. The Board shall be appointed by the Govern or
102	108		with the advice and consent of the Senate:
103	109		a. four members who are licensed pr ofessional counselors,
104	110		b. three members who are licensed family and marital
105	111		therapists,
106	112		c. two members who are licensed behavioral practitioners,
107	113		and
108	114		d. two members representi ng the public and possessing
109	115		knowledge of counseling issues.
110		-	2. Members of the B oard shall serve for a period of three (3)
111		-	years and may be removed at any time by th e appointing authority.
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113		-	ENGR. S. B. NO. 59 Page 3 1
	117	+	SENATE FLOOR VERSION - SB59 SFLR Page 3
	118	+	(Bold face denotes Committee Amendments) 1
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	143	+	2. Members of the B oard shall serve for a period of three (3)
	144	+	years and may be removed at any time by th e appointing authority.
138	145		Vacancies on the Board shall be filled by the appointing authorit y.
139	146		A majority of the Board shall constitute a quorum for the
140	147		transaction of business.
141	148		3. The members of the Board from each professional area of
142	149		behavioral health counseling shall comprise separate c ommittees and
143	150		shall consult on professional issues within their respective areas
144	151		of behavioral health counseling. Each committee shall recommend to
145	152		the Board approval or disapproval of all licenses to be issued
146	153		within its specialty. Each committee shall be authorized to
147	154		recommend approval or disapproval of the examination requ irements
148	155		for all applicants for licensure in the respective ar ea of
149	156		behavioral health coun seling, provide grading standards for
150	157		examinations, and provide for other matters relating t o licensure in
151	158		that area of behavioral health counseling. Each committee may
152	159		create advisory committees to consult on professional duti es and
153	160		responsibilities purs uant to the provisions of this section.
154	161		4. Any and all recommendations, approvals, o r disapprovals made
155	162		by a committee pursuant to the provisions of this sect ion shall not
156	163		become effective without the approval of a majority of members of
157	164		the Board.
158	165		5. The jurisdictional areas of the Board shall include
159	166		professional counseling licensing and practice issues, marital and
160		-	family therapist licensing and practice issues, behavioral
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162		-	ENGR. S. B. NO. 59 Page 4 1
	168	+	SENATE FLOOR VERSION - SB59 SFLR Page 4
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	194	+	family therapist licensing and practice issues, behavioral
187	195		practitioner licensing and practice issues and such other areas as
188	196		authorized by the Licensed Professional Counselors Act.
189	197		C. The Board shall not recommend rules for promulgation unless
190	198		all applicable requirements of the Administrative Procedures Act
191	199		have been followed including but not limited to notice, rule impact
192	200		statements and rule-making hearings.
193	201		D. Members of the Board shall serve without compensation but
194	202		may be reimbursed for expenses incurred in the performance of their
195	203		duties, as provided in the State Travel Reimbursement Act. The
196	204		Board is authorized to utilize the con ference rooms of and obtain
197	205		administrative assistance from t he State Board of Medical Licensure
198	206		and Supervision as required.
199	207		E. The Board is authorized and e mpowered to:
200	208		1. Establish and maintain a system of licensure and
201	209		certification pursuant to the pr ovisions of the Licensed
202	210		Professional Counselors Act;
203	211		2. Adopt and enforce standards governing the professional
204	212		conduct of persons licensed pursuant to the p rovisions of the
205	213		Licensed Professional Counselors Act;
206	214		3. Lease office space for the purpose of operating and
207	215		maintaining a state office, and pay rent thereo n; provided, however,
208	216		such state office shall not be located in or directly adjacent to
209		-	the office of any person licensed pursuant to the provisions of the
210		-	Licensed Professional Counselors Act;
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212		-	ENGR. S. B. NO. 59 Page 5 1
	218	+	SENATE FLOOR VERSION - SB59 SFLR Page 5
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	244	+	the office of any person licensed pursuant to the provisions of the
	245	+	Licensed Professional Counselors Act;
237	246		4. Purchase office furniture, equipment, and supplies;
238	247		5. Employ such office personnel as may be necessary, and fix
239	248		and pay their salaries or wages;
240	249		6. Contract with state agencies for the purposes of
241	250		investigating written complai nts regarding the con duct of persons
242	251		licensed pursuant to the provisions of the Licen sed Professional
243	252		Counselors Act and obtaining administrative assistance as deemed
244	253		necessary by the Executive Director; and
245	254		7. Make such other expenditures as may be neces sary in the
246	255		performance of its duties.
247	256		F. The Board shall employ an Executive Direct or. The Executive
248	257		Director shall be authorized to:
249	258		1. Employ and maintain an office staff;
250	259		2. Enter into contracts on behalf of the Board; and
251	260		3. Perform other duties on behalf of the Board as needed or
252	261		directed.
253	262		G. All employees and positions shall b e placed in unclassified
254	263		status, exempt from the provisions of the Oklahoma Personnel Act.
255	264		SECTION 2. This act shall become effective July 1, 2023.
256	265		SECTION 3. It being immediately necessary for the preservation
257	266		of the public peace, health or safety, an emer gency is hereby
258		-	declared to exist, by reason whereof this act shall take effect and
259		-	be in full force from and after its passage and approval.
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261		-	ENGR. S. B. NO. 59 Page 6 1
	268	+	SENATE FLOOR VERSION - SB59 SFLR Page 6
	269	+	(Bold face denotes Committee Amendments) 1
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286		-	Passed the Senate the 6th day of March, 2023.
287		-
288		-
289		-
290		-	Presiding Officer of the Senate
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293		-	Passed the House of Representatives the ____ day of _________ _,
294		-	2023.
295		-
296		-
297		-
298		-	Presiding Officer of the House
299		-	of Representatives
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	294	+	declared to exist, by reason whereof this act shall take effect and
	295	+	be in full force from and after its passage and approval.
	296	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	297	+	February 23, 2023 - DO PASS