SENATE FLOOR VERSION - SB1040 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION February 24, 2025 SENATE BILL NO. 1040 By: Daniels An Act relating to the practice of alcohol and drug counseling; amending 59 O.S. 2021, Section 1873, as amended by Section 1, Chapter 88, O.S.L. 2023 (59 O.S. Supp. 2024, Sectio n 1873), which relates to the Oklahoma Board of Licensed Alcohol and Drug Counselors; removing certain limitation on appointees; permitting the Governor to consider certain recommendations; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 59 O.S. 2021, Section 1873, as amended by Section 1, Chapter 88, O.S.L. 2023 (59 O.S. Supp. 2024, Section 1873), is amended to read as follows: Section 1873. A. There is hereby re -created, to continue until July 1, 2025, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Board of Licensed Alcohol and Drug Counselors, consisting of seven (7) members , to be appointed by the Governor, with the advice and consent of the Senate, as follows: 1. a. Six members who shall be alcohol and drug counselors certified by an entity recognized to do professional alcohol and drug counseling certification in this SENATE FLOOR VERSION - SB1040 SFLR Page 2 (Bold face denotes Committee Amendments) 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; provided, however, five of such members shall subsequently secure licensure and one such member shall subsequently secure certification, pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act, no later than January 1, 2005. b. Thereafter, five members shall be licensed alcohol and drug counselors at the time of appointment, and one member shall be certified as an alcohol and drug counselor at the time of appointment. c. Pursuant to the provisions of this paragraph, the Governor shall appoint: (1) four members from a list of names submitted by the Oklahoma Drug and Alcohol Professional Counselors Association, (2) one member from a list of names submitted by the Oklahoma Substance Abuse Services Alliance, and (3) one member from a list of names submitted by the Oklahoma Citizen Advocates for Recove ry and Treatment Association In selecting appointees, the Governor may consider recommendations from a statewide organization representing alcohol and drug counselors, a state chapter of a national organization representing alcohol and drug counselors, a statewide organization SENATE FLOOR VERSION - SB1040 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 representing individuals in recovery, or other groups or individuals in this state . d. One member shall be appointed from and shall represent the general public. Such member shall be a resident of this state who has attained the age of majority and shall not be, nor shall ever have been, a licensed or certified alcohol and drug counselor, or the spouse of a licensed or certified alcohol and drug counselor, or a person who has ever had any material financial interest in the provision of alcohol and drug counseling services or has engaged in any activity directly related to the practice of alcohol and drug counseling. 2. The composition of the Board shall include five members who hold a master’s or higher degree and one member whose hi ghest degree held is a bachelor’s degree. 3. The Governor shall appoint the members to the Board no later than July 1, 2004. B. Each member of the Board appointed as a licensed alcohol and drug counselor shall: 1. Be certified or licensed to engage in t he practice of alcohol and drug counseling in this state and shall be in good standing; and SENATE FLOOR VERSION - SB1040 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Have at least three (3) years of experience in the practice of alcohol and drug counseling in this state. C. Two of the membe rs initially appointed shall serve three- year terms; two shall serve four -year terms and three shall serve five-year terms, as designated by the Governor. Thereafter, the terms of all members shall be five (5) years. D. A vacancy on the Board shall be filled in the same manner as the original appointment for the balance of the unexpired term. Members may succeed themselves but shall serve no more than two consecutive terms. Each member shall serve until a successor is appointed and qualified. E. Members of the Board may be removed from office for one or more of the following reasons: 1. The refusal or inability for any reason to perform the duties of a Board member in an efficient, responsible and professional manner; 2. The misuse of office for pecuniary or material gain or for personal advantage for self or another; 3. A violation of the laws or rules governing the practice of alcohol and drug counseling; or 4. Conviction of a felony as verified by a certified copy of the record of the court of con viction. SENATE FLOOR VERSION - SB1040 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary travel expenses as provided in the State Travel Reimbursement Act. SECTION 2. This act shall become effective November 1, 2025. COMMITTEE REPORT BY: COMMITT EE ON HEALTH AND HUMAN SERVICES February 24, 2025 - DO PASS