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ENGROSSED SENATE
BILL NO. 396 By: Bergstrom of the Senate
and
Kendrix of the House
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 1873, as amended by
Section 1, Chapter 88, O.S.L. 2023 (59 O.S. Supp.
2024, Section 1873), which relates to the Oklahoma
Board of Licensed Alcohol and Drug Counselors;
extending sunset date; updating statutory language;
providing an effective date; and declaring an
emergency.
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 July 1, 2028, 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 appointe d by the
Governor, with the advice and consent of the Senate, a s 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
state; provided, however, five of such members shall
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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 membe rs 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 Counselor 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 name s submitted by the
Oklahoma Citizen Advocates for Recovery and
Treatment Transformation Association.
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 o r
certified alcohol and drug counselor, or the spouse of
a licensed or certified alcohol and drug counselor, or
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a person who has ever had any material financial
interest in the provision of alc ohol and drug
counseling services or has engaged in any activit y
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 highest degree
held is a bachelor’s degree.
3. The Governor shall appo int 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 the pra ctice of
alcohol and drug counseling in this state and shall be in good
standing; and
2. Have at least three (3) years of experience in the practice
of alcohol and drug counseling in this state.
C. Two of the members 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
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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 ru les 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 conviction.
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 July 1, 2025.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency 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 25th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives