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ENGROSSED SENATE
BILL NO. 59 By: Daniels of the Senate
and
Kendrix of the House
An Act relating to professions and occupations;
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; extending su nset
date; providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
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 r ead as follows:
Section 6001. A. 1. There is hereby re-created the State
Board of Behavioral Health Licen sure to continue until July 1, 2023
2026, in accordance with the provisions of the Oklahoma S unset Law.
2. Members of the Boar d shall serve at the pleasure of and may
be removed from office by the appointing authority. Mem bers shall
continue to serve unt il their successors are appointed. Any vacancy
shall be filled in the same manner as the ori ginal appointments.
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 shall elect a chair and a vice-chair 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 resolutions to the Board
concerning matters brought before the Board.
4. Special meetings may be called by the chair 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 the Governor
with the advice and consent of the Senate:
a. four members who are licensed pr ofessional 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 B oard shall serve for a period of three (3)
years and may be removed at any time by th e appointing authority.
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Vacancies on the Board shall be filled by the appointing authority.
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 issues within their respective 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 disapproval of the examination requ irements
for all applicants for licensure in the respective ar ea 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 counseling. Each committee may
create advisory committees to consult on professional duti es 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 licensing and practice issues, marital and
family therapist licensing and practice issues, behavioral
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practitioner licensing and practice issues and such other areas as
authorized by the Licensed Professional Counselors Act.
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 but
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 t he State Board of Medical 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 standards 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 thereo n; 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;
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4. Purchase office furniture, equipment, and supplies;
5. Employ such office personnel as may be necessary, and fix
and pay their salaries or wages;
6. Contract with state agencies for the purposes of
investigating written complai nts regarding the con duct of persons
licensed pursuant to the provisions of the Licen sed Professional
Counselors Act and obtaining administrative a ssistance as deemed
necessary by the Executive Director; and
7. Make such other expenditures as may be neces sary in the
performance of its duties.
F. The Board shall employ an Executive Direct or. 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 b e placed in unclassified
status, exempt from the provisions of the Oklahoma Personnel Act.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emer gency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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Passed the Senate the 6th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of _________ _,
2023.
Presiding Officer of the House
of Representatives