Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB397 Compare Versions

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Version 2 (New)

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3		-	SB397 HFLR Page 1
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	3	+	ENGR. S. B. NO. 397 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 60th Legislature (2025)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 397 By: Bergstrom of the Senate
37	30
38	31		and
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40	33		Kendrix of the House
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45	38		An Act relating to professions and occupations;
46	39		amending 59 O.S. 2021, Section 6001, as last amended
47	40		by Section 1, Chapter 89, O.S.L. 2023 (59 O.S. Supp.
48	41		2024, Section 6001), which relates to the State Board
49	42		of Behavioral Health Licensure; extending sunset
50	43		date; updating statutory language; providing an
51	44		effective date; and declaring an emergency.
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57	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	51		SECTION 1. AMENDATORY 59 O.S. 2021, Section 6001, as
59	52		last amended by Section 1, Chapter 89, O.S.L. 2023 (59 O.S. Supp.
60	53		2024, Section 6001), is amended to read as follows:
61	54		Section 6001. A. 1. There is hereby re -created the State
62	55		Board of Behavioral Health Licensure to continue until July 1, 2025
63	56		July 1, 2028, in accordance with the provisions of the Oklahoma
64	57		Sunset Law.
65	58		2. Members of the Board shall serve at the pleasur e of and may
66	59		be removed from office by the appointing authority. Memb ers shall
	60	+	continue to serve until their successors are appointed. Any vacancy
	61	+	shall be filled in the same manner as the original appointments.
	62	+	Four members shall constitute a quorum.
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68		-	SB397 HFLR Page 2
69		-	BOLD FACE denotes Committee Amendments. 1
	64	+	ENGR. S. B. NO. 397 Page 2 1
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94		-	continue to serve until their successors are appointed. Any vacancy
95		-	shall be filled in the same manner as the original appointments.
96		-	Four members shall constitute a quorum.
97	89		3. The Board shall meet at least twice a year, but no more than
98	90		four (4) times a year and shall elect a chair and a vice-chair vice
99	91		chair from among its members. The Board shall only meet as required
100	92		for:
101	93		a. election of officers,
102	94		b. establishment of meeti ng dates and times,
103	95		c. rule development,
104	96		d. review and recommendation, and
105	97		e. adoption of nonbinding resolutions to the Board
106	98		concerning matters brought before the Board.
107	99		4. Special meetings may be called by the chair or by
108	100		concurrence of any three members.
109	101		B. 1. All members of the Board shall be knowledgeable of
110	102		counseling issues. The Board shall be appointed by the Governor
111	103		with the advice and consent of the Senate:
112	104		a. four members who are licensed professional counselors,
113	105		b. three members who are lic ensed family and marital
114	106		therapists,
115	107		c. two members who are licensed b ehavioral practitioners,
116	108		and
	109	+	d. two members representing the public and possessing
	110	+	knowledge of counseling issues.
	111	+	2. Members of the Board shall serve for a period of three (3)
	112	+	years and may be removed at any time by the appointing authority.
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118		-	SB397 HFLR Page 3
119		-	BOLD FACE denotes Committee Amendments. 1
	114	+	ENGR. S. B. NO. 397 Page 3 1
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144		-	d. two members representing the public and possessing
145		-	knowledge of counseling issues.
146		-	2. Members of the Board shall serve for a period of three (3)
147		-	years and may be removed at any time by the appointing authority.
148	139		Vacancies on the Board shall be filled by the appointing authority.
149	140		A majority of the Board shall constitute a quorum for the
150	141		transaction of business.
151	142		3. The members of the Board from each profes sional area of
152	143		behavioral health counseling shall comprise separate co mmittees and
153	144		shall consult on professional issues within their respective areas
154	145		of behavioral health counseling. Each committee shall recommend to
155	146		the Board approval or disapproval of all licenses to be issued
156	147		within its specialty. Each committee shall b e authorized to
157	148		recommend approval or disapproval of the examination requirements
158	149		for all applicants for licensure in the respective area of
159	150		behavioral health counseling, provide grading standards for
160	151		examinations, and provide for other matters relating to licensure in
161	152		that area of behavioral health counseling. Each committee may
162	153		create advisory committees to consult on professional duties and
163	154		responsibilities pursuant to the provisions of this section.
164	155		4. Any and all recommendations, approvals, or disapp rovals made
165	156		by a committee pursuant to the provisions of this section shall not
166	157		become effective without the approval of a majority of members of
167	158		the Board.
	159	+	5. The jurisdictional areas of the Board shall include
	160	+	professional counseling licensing and pract ice issues, marital and
	161	+	family therapist licensing and practice issues, behavioral
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169		-	SB397 HFLR Page 4
170		-	BOLD FACE denotes Committee Amendments. 1
	163	+	ENGR. S. B. NO. 397 Page 4 1
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195		-	5. The jurisdictional areas of the Board shall include
196		-	professional counseling licensing and pract ice issues, marital and
197		-	family therapist licensing and practice issues, behavioral
198	188		practitioner licensing and practice issues , and such other areas as
199	189		authorized by the Licensed Professional Counselors Act.
200	190		C. The Board shall not recommend rules for promu lgation unless
201	191		all applicable requirements of the Administrative Procedures Act
202	192		have been followed including , but not limited to, notice, rule
203	193		impact statements, and rule-making hearings.
204	194		D. Members of the Board shall serve without compensation but
205	195		may be reimbursed for expenses incurred in the performance of their
206	196		duties, as provided in the State Travel Reimbursement Act. The
207	197		Board is authorized to utilize the conference rooms of and obtain
208	198		administrative assistance from the State Board of Medical Licens ure
209	199		and Supervision as required.
210	200		E. The Board is authorized and empowered to:
211	201		1. Establish and maintain a system of licensure and
212	202		certification pursuant to the provisions of the Licens ed
213	203		Professional Counselors Act;
214	204		2. Adopt and enforce standards govern ing the professional
215	205		conduct of persons licensed pursuant to the provisions of the
216	206		Licensed Professional Counselors Act;
217	207		3. Lease office space for the purpose of operating and
218	208		maintaining a state office, and pay rent thereon; provided, however,
	209	+	such state office shall not be located in or directly adjacent to
	210	+	the office of any person licensed pursuant to the provisions of the
	211	+	Licensed Professional Counselors Act;
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220		-	SB397 HFLR Page 5
221		-	BOLD FACE denotes Committee Amendments. 1
	213	+	ENGR. S. B. NO. 397 Page 5 1
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246		-	such state office shall not be located in or directly adjacent to
247		-	the office of any person licensed pursuant to the provisions of the
248		-	Licensed Professional Couns elors Act;
249	238		4. Purchase office furn iture, equipment, and supplies;
250	239		5. Employ such office personnel as ma y be necessary, and fix
251	240		and pay their salaries or wages;
252	241		6. Contract with state agencies for the purposes of
253	242		investigating written complaints regarding the conduct of persons
254	243		licensed pursuant to the provisions of the Licensed Professional
255	244		Counselors Act and obtaining administrative assistance as deemed
256	245		necessary by the Executive Director; and
257	246		7. Make such other expenditures as may be necessary in the
258	247		performance of its duties.
259	248		F. The Board shall employ an Executive Director. The Executive
260	249		Director shall be authorized to:
261	250		1. Employ and maintain an office staff;
262	251		2. Enter into contracts on behalf of the Board; and
263	252		3. Perform other duties on behalf of the Board as needed or
264	253		directed.
265	254		G. All employees and positions shall be placed in unclassified
266	255		status, exempt from the provisions of the Oklahoma Personnel Act.
267	256		SECTION 2. This act shall become effective July 1, 2025.
268	257		SECTION 3. It being immediately nece ssary for the preservation
269	258		of the public peace, health or safety, an e mergency is hereby
	259	+	declared to exist, by reason whereof this act shall take effect and
	260	+	be in full force from and after its passage and approval.
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271		-	SB397 HFLR Page 6
272		-	BOLD FACE denotes Committee Amendments. 1
	262	+	ENGR. S. B. NO. 397 Page 6 1
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297		-	declared to exist, by reason whereof this act shall take effect and
298		-	be in full force from and after its passage and approval.
	287	+	Passed the Senate the 25th day of March, 2025.
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300		-	COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES, dated
301		-	04/09/2025 - DO PASS.
	289	+
	290	+
	291	+	Presiding Officer of the Senate
	292	+
	293	+
	294	+	Passed the House of Repre sentatives the ____ day of __________,
	295	+	2025.
	296	+
	297	+
	298	+
	299	+	Presiding Officer of the House
	300	+	of Representatives
	301	+