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SENATE FLOOR VERSION
February 13, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 397 By: Bergstrom of the Senate
and
Kendrix of the House
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 6001, as last amended
by Section 1, Chapter 89, O.S.L. 2023 (59 O.S. Supp.
2024, Section 6001), which relates to the State Board
of Behavioral Health Licensure; 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 6001, as
last amended by Section 1, Chapter 89, O.S.L. 2023 (59 O.S. Supp.
2024, Section 6001), is amended to read as follows:
Section 6001. A. 1. There is hereby re -created the State
Board of Behavioral Health Licensure to continue until July 1, 2025
July 1, 2028, in accordance with the provisions of the Oklahoma
Sunset Law.
2. Members of the Board shall serve at the pleasur e of and may
be removed from office by the appointing authority. Members shall
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continue to serve until their successors are appointed. Any vacancy
shall be filled in the same manner as the original appointments.
Four members shall constitute a quorum.
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 meeti ng 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 Board 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 professional counselors,
b. three members who are lic ensed family and marital
therapists,
c. two members who are licensed behavioral practitioners,
and
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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 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 profes sional area of
behavioral health counseling shall comprise separate committees 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 counseling, provide grading standards for
examinations, and provide for other matters relating to licensure in
that area of behavioral health counseling. Each committee may
create advisory committees to consult on professional duties and
responsibilities pursuant to the provisions of this secti on.
4. Any and all recommendations, approvals, or 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.
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5. The jurisdictional areas of the Board shall include
professional counseling licensing 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 Counselo rs 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 incurred in the performance of their
duties, as provided in the State Travel Reimbursement Act. The
Board is authorized to utilize the conference rooms of and obtain
administrative assistance from the State Board of Medical Licensure
and Supervision as required.
E. The Board is authorized and empowered to:
1. Establish and maintain a system of licensure and
certification pursuant to the provisions of the Licens ed
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 of fice, and pay rent thereon; provided, however,
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such state office shall not be located in or directly adjacent to
the office of any person licensed pursuant to the provisions of the
Licensed Professional Counselors Act;
4. Purchase office furn iture, 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 complaints regarding the conduct of persons
licensed pursuant to th e provisions of the Licensed Professional
Counselors Act and obtaining administrative assistance 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 employ 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.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. It being immediately nece ssary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES
February 13, 2025 - DO PASS AS AMENDED BY CS