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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3888 By: Cantrell
AS INTRODUCED
An Act relating to mental health; amending Section 1,
Chapter 202, O.S.L. 2024 (43A O.S. Supp. 2025,
Section 3-335) which relates to behavioral health
certification or license applicants and renewals,
required information; modifying definition; amending
59 O.S. 2021, Section 1871, 1875, 1876, 1877, 1878,
1879, 1881, 1882, 1883, and 1884, which relates to
the Licensed Alcohol and Drug Counselors Act;
replacing the Oklahoma Board of Licensed Alcohol and
Drug Counselors with the Oklahoma Department of
Mental Health and Substance Abuse Services; amending
59 O.S. 2021, Section 1902, 1905, 1906, 1907, 1908,
1909, 1911, 1912, 1913.1, 1916.1, 1917, 1918, and
1919, which relates to the Licensed Professional
Counselors Act; replacing the State Board of
Behavioral Health Licensure with the Oklahoma
Department of Mental Health and Substance Abuse
Services; amending 59 O.S. 2021, Section 1925.2,
1925.5, 1925.6, 1925.7, 1925.8, 1925.9, 1925.15,
1925.17, and 1925.18, which relates to the Marital
and Family Therapist Licensure Act; replacing the
State Board of Behavioral Health Licensure with the
Oklahoma Department of Mental Health and Substance
Abuse Services; amending 59 O.S. 2021, Section 1931,
1934, 1935, 1936, 1937, 1938, 1940, 1941, 1942, 1944,
1945, 1946, 1947, 1948, and 1949, which relates to
the Licensed Behavioral Practitioner Act; replacing
the State Board of Behavioral Health Licensure with
the Oklahoma Department of Mental Health and
Substance Abuse Services; amending 63 O.S. 2021,
Section 1-2506.1, as amended by Section 1, Chapter
45, O.S.L. 2024 (63 O.S. Supp. 2025, Section 1-
2506.1), which relates to authority of first
responders to administer emergency opiate
antagonists; updating statutory references; repealing
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59 O.S. 2021, Section 1873, as last amended by
Section 1, Chapter 266, O.S.L. 2025 (59 O.S. Supp.
2025, Section 1873), which relates to the Oklahoma
Board of Licensed Alcohol and Drug Counselors;
repealing 59 O.S. 2021, Section 1873, as last amended
by Section 1, Chapter 235, O.S.L. 2025 (59 O.S. Supp.
2025, Section 1873), which relates to the Oklahoma
Board of Licensed Alcohol and Drug Counselors;
repealing 59 O.S. 2021, Section 1874, which relates
to officers, quorum, and meetings for the Oklahoma
Board of Licensed Alcohol and Drug Counselors;
repealing 59 O.S. 2021, Section 6001, as last amended
by Section 1, Chapter 89, O.S.L. 2023 (59 O.S. Supp.
2025, Section 6001), which relates to the State Board
of Behavioral Health Licensure; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 202, O.S.L.
2024 (43A O.S. Supp. 2025, Section 3-335), is amended to read as
follows:
Section 3-335. A. As used in this section:
1. "Board" means any of the following:
a. the State Board of Examiners of Psychologists, or
b. the State Board of Behavioral Health Licensure,
c. the Oklahoma State Board of Licensed Social Workers,
or
d. the Oklahoma Board of Licensed Alcohol and Drug
Counselors;
2. "Licensed mental health professional" means an individual
who holds any type of license pursuant to the:
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a. Psychologists Licensing Act,
b. Psychology Interjurisdictional Compact,
c. Licensed Professional Counselors Act,
d. Janet Phillips Act of 2023,
e. Marital and Family Therapist Licensure Act,
f. Social Worker's Licensing Act, or
g. Licensed Alcohol and Drug Counselors Act; and
3. "Certified mental health professional" means an individual
who holds any type of certification pursuant to the Unified
Community Mental Health Services Act.
B. Every applicant for a behavioral health certification or
license issued by a designated board shall provide the following
information:
1. Demographic information, including race, ethnicity, gender,
date of birth, and languages spoken;
2. Educational background, training information, internship
information, if applicable, and location of internship or program
attended; and
3. If the applicant has any other mental health certifications
or licenses.
C. Every mental health professional who is renewing a
behavioral health certification or license issued by a designated
board shall report the following information:
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1. Changes to demographic information required upon initial
application for licensure or certification;
2. Workforce retention information, including, but not limited
to, anticipated changes in licensure status or retirement; and
3. Workforce practice trends, including, but not limited to:
a. practice specialization, if applicable,
b. practice location and physical address, if applicable,
c. service delivery area, by county,
d. if the licensee is currently using their license and
if its average use is between one (1) through ten
(10), eleven (11) through twenty (20), twenty-one (21)
through thirty (30), or over thirty-one (31) hours of
client-facing hours per week, and
e. the use of telehealth.
D. The boards designated in subsection A of this section shall
promulgate rules to effectuate the provisions of this section.
E. The boards designated in subsection A of this section shall
furnish de-identified annual licensure and certification data to the
Oklahoma Department of Mental Health and Substance Abuse Services.
F. The Oklahoma Department of Mental Health and Substance Abuse
Services shall compile the de-identified information collected in
this section into an annual report. The report shall not contain
any personal identifying information. The annual report shall be
posted on the agency's website and submitted to the President Pro
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Tempore of the Oklahoma State Senate, the Speaker of the Oklahoma
House of Representatives, and the chairs of the committees with
responsibility over public health in both chambers of the
Legislature.
G. Nothing in this section shall be interpreted to expand the
amount of public-facing data about Oklahoma's individual behavioral
health licensees.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 1871, is
amended to read as follows:
Section 1871. For purposes of the Licensed Alcohol and Drug
Counselors Act:
1. "Alcohol and drug counseling" means the application of
counseling principles for:
a. substance use disorders, or
b. substance abuse disorders and co-occurring disorders
in order to:
(1) develop an understanding of substance abuse and
co-occurring disorders,
(2) permit licensed alcohol and drug counselors to
prevent, diagnose or treat substance abuse and to
prevent, diagnose or treat co-occurring
disorders,
(3) permit licensed alcohol and drug counselors to
conduct assessments or diagnoses for the purpose
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of establishing treatment goals and objectives
for substance abuse and to establish treatment
goals and objectives for co-occurring disorders,
and
(4) plan, implement or evaluate treatment plans using
counseling treatment interventions;
2. "Alcohol and drug counseling", as a certified alcohol and
drug counselor, means the application of counseling principles for:
a. substance use disorders, or
b. substance abuse disorders in order to:
(1) develop an understanding of alcoholism and drug
dependency problems,
(2) prevent, diagnose or treat alcohol and drug
dependency problems,
(3) conduct assessments or diagnosis for the purpose
of establishing treatment goals and objectives
for substance abuse,
(4) plan, implement or evaluate treatment plans using
counseling treatment interventions for substance
abuse, and
(5) permit certified alcohol and drug counselors
certified in co-occurring disorders to recognize
co-occurring disorders and integrate that
recognition into substance abuse treatment,
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provided the certified alcohol and drug counselor
is working in a nationally accredited or Oklahoma
Department of Mental Health and Substance Abuse
Services certified agency and is working under
the supervision of a supervisor approved by the
Oklahoma Board of Licensed Alcohol And Drug
Counselors pursuant to paragraph 13 of this
section and who is a licensed alcohol and drug
counselor that is licensed in mental health and
substance abuse, a licensed alcohol and drug
counselor that holds a co-occurring certification
from the Board or a licensed mental health
professional. Certified alcohol and drug
counselors shall meet or exceed the Certified Co-
Occurring Disorders Professional Standards as
laid out in the standards promulgated by the
International Certification & Reciprocity
Consortium, any successor organization to the
International Certification and Reciprocity
Consortium or another national or international
organization that has similar standards equal to
or higher than the International Certification
and Reciprocity Consortium.
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Certified alcohol and drug counselors may not provide private or
independent practice for co-occurring disorders;
3. "Board" means the Oklahoma Board of Licensed Alcohol and
Drug Counselors, created by Section 1873 of this title;
4. "Certified alcohol and drug counselor" means any person who
is not exempt pursuant to the provisions of Section 1872 of this
title and is not licensed under the Licensed Alcohol and Drug
Counselors Act, but who provides alcohol and drug counseling
services within the scope of practice while employed by an entity
certified by the Department of Mental Health and Substance Abuse
Services, or who is exempt from such certification, or who is under
the supervision of a person recognized by the Oklahoma Board of
Licensed Alcohol and Drug Counselors as a supervisor. A certified
alcohol and drug counselor may provide counseling services for co-
occurring disorders if he or she has been certified by the Board
Department to provide counseling as provided in this section for co-
occurring disorders;
5. 4. "Certified alcohol and drug counselor candidate" or
"licensed alcohol and drug counselor candidate" means a person who
has made application for certification or licensure and who has been
authorized by the board Department to practice alcohol and drug
counseling under supervision while completing the required work
experience;
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6. 5. "Consulting" means interpreting or reporting scientific
fact or theory in counseling to provide assistance in solving
current or potential problems of individuals, groups or
organizations;
7. 6. "Co-occurring disorder" means a disorder in which
individuals have at least one mental health disorder as defined in
the most current version of the Diagnostic and Statistical Manual
and a substance abuse disorder as defined in paragraph 14 of this
section. While these disorders may interact differently in any one
person at least one disorder of each type can be diagnosed
independently of the other;
7. "Department" means the Oklahoma Department of Mental Health
and Substance Abuse Service;
8. "International Certification & Reciprocity Consortium
Standards" means the standards enumerated by the International
Certification and Reciprocity Consortium, any successor organization
to the Consortium or another national or international organization
that has similar standards equal to or higher than the International
Certification and Reciprocity Consortium, that includes requirements
regarding education, exams, degrees, coursework, supervision,
continuing education, and ethics for individuals seeking a certified
co-occurring disorders professional certification from the
Consortium. The requirement to meet these standards shall never
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fall below the requirements set forth by the Consortium on June 1,
2008.;
9. "Licensed alcohol and drug counselor" means any person who
provides alcohol and drug counseling services within the scope of
practice, including co-occurring disorders, for compensation to any
person and is licensed pursuant to the provisions of the Licensed
Alcohol and Drug Counselors Act. The term "licensed alcohol and
drug counselor" shall not include those professions exempted by
Section 1872 of this title;
10. "Licensed alcohol and drug counselor/mental health" or
"LADC/MH" means a licensed alcohol and drug counselor who has been
determined by the Board Department to meet the requirements to
include the assessment, diagnosis, and treatment of mental health
disorders within the counselor's scope of practice, regardless of
whether the mental health disorders are co-occurring;
11. "Recovery" means a voluntary lifestyle, maintained as the
result of one's diagnosis, treatment or self-disclosure of a
substance abuse disorder, characterized by complete abstinence from
alcohol, and all other mind altering drugs or chemicals except
tobacco and drugs used as prescribed by an authorized licensed
medical professional and the absence of pathological compulsive
behavior;
12. "Relapse" means the resumption of use of alcohol or other
mind-altering drugs or chemicals, except tobacco and drugs used as
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prescribed by an authorized licensed medical professional, or
resumption of pathological compulsive behavior, despite having
previously been diagnosed, treated or self-disclosed as having a
substance abuse disorder and been in recovery;
13. "Supervisor" means:
a. a licensed alcohol and drug counselor who meets the
requirements established by the board Department to
supervise certified alcohol and drug counselors,
certified alcohol and drug counselor candidates or
licensed alcohol and drug counselor candidates and has
been approved by the Oklahoma Board of Licensed
Alcohol and Drug Counselors Department of Mental
Health and Substance Abuse Services as a supervisor,
or
b. a licensed mental health professional approved by the
Board Department to supervise certified alcohol and
drug counselors who have received co-occurring
certification, certified alcohol and drug counselors
who are candidates for co-occurring certification or
licensed alcohol drug and counselors who are
candidates for co-occurring certification;
14. "Substance abuse disorder" means the repeated pathological
use of substances including alcohol and other mind-altering drugs or
chemicals, except tobacco, or repeated pathological compulsive
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behaviors which cause physical, psychological, emotional, economic,
legal, social or other harm to the individual afflicted or to others
affected by the individual's affliction. As used in the Licensed
Alcohol and Drug Counselors Act, substance abuse disorder shall
include not only those instances where withdrawal from or tolerance
to the substance is present but also those instances involving use
and abuse of substances;
15. "Supervised practicum experience" means volunteer or paid
work experience in the core functions of substance abuse counseling
as delineated by the Oklahoma Board of Licensed Alcohol and Drug
Counselors;
16. "Supervised work experience" means voluntary or paid work
experience in providing alcohol and drug counseling services to
individuals under the supervision of a licensed alcohol and drug
counselor; and
17. "Scope of practice" means acting within the boundaries of
competence based on education, training, supervised experience,
state and national professional credentials, and appropriate
professional experience.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 1875, is
amended to read as follows:
Section 1875. In addition to any other powers and duties
imposed by law, the Oklahoma Board of Licensed Alcohol and Drug
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Counselors Department of Mental Health and Substance Abuse Services
shall have the power and duty to:
1. Promulgate rules necessary to effectuate the provisions of
the Licensed Alcohol and Drug Counselors Act, and to make orders as
it may deem necessary or expedient in the performance of its duties;
2. Prepare, conduct and grade examinations of persons who apply
for certification or licensure as an alcohol and drug counselor and
certification for co-occurring disorders;
3. Determine a satisfactory passing score on such examinations
and issue certifications and licenses to persons who pass the
examinations or who are otherwise entitled to certification and
licensure;
4. Determine eligibility for certification and licensure and
requirements for approval as a supervisor;
5. Issue and renew certificates and licenses for alcohol and
drug counselors and certification for co-occurring disorders;
6. Upon good cause shown:
a. deny the issuance of a certificate or license,
b. suspend, revoke or refuse to renew a certificate or
license,
c. place a holder of a certificate or a licensee on
probation, or
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d. suspend, revoke, refuse to renew or otherwise sanction
a certified alcohol and drug counselor candidate or a
licensed alcohol and drug counselor candidate;
7. Establish and levy administrative penalties against any
person or entity who violates any of the provisions of the Licensed
Alcohol and Drug Counselors Act or any rule promulgated or order
issued pursuant thereto;
8. Obtain an office, secure facilities, and employ, direct,
discharge and define the duties and set the salaries of office
personnel as deemed necessary by the Board Department;
9. Initiate disciplinary, prosecution and injunctive
proceedings against any person or entity who violates any of the
provisions of the Licensed Alcohol and Drug Counselors Act, or any
rule promulgated or order issued pursuant thereto; provided, the
Board Department shall be exempt from providing surety for the costs
in connection with the commencement of any legal proceedings under
the provisions of the Licensed Alcohol and Drug Counselors Act;
10. Investigate alleged violations of the Licensed Alcohol and
Drug Counselors Act, or the rules, orders or final orders of the
Board Department and impose as part of any disciplinary action the
payment of costs expended by the Board Department for any legal fees
and costs, including, but not limited to, probation and monitoring,
staff time, salary and travel expenses, witness fees and attorney
fees;
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11. Promulgate rules of conduct governing the practice of
certified and licensed alcohol and drug counselors, certified
alcohol and drug counselor candidates, licensed alcohol and drug
counselor candidates and supervisors;
12. Keep accurate and complete records of its proceedings;
13. Promulgate rules for continuing education requirements for
certified and licensed alcohol and drug counselors, and supervisors;
14. Issue a certificate or license by endorsement to an
applicant certified or licensed to practice as a certified or
licensed alcohol and drug counselor in another state if the Board
Department deems such applicant to have qualifications that are
comparable to those required under the Licensed Alcohol and Drug
Counselors Act and, if the Board Department deems the applicant as
meeting the standards, provided by rules, for certification or
licensure by endorsement;
15. Require certified and licensed drug and alcohol counselors
to maintain their patient records for a period of seven (7) years
from the date the service was provided; and
16. Perform such other duties and have such other
responsibilities as necessary to implement the provisions of the
Licensed Alcohol and Drug Counselors Act.
SECTION 4. AMENDATORY 59 O.S. 2021, Section 1876, is
amended to read as follows:
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Section 1876. A. Unless exempt pursuant to Section 1872 of
this title, any person wishing to practice alcohol and drug
counseling in this state shall obtain a certificate or license to
practice pursuant to the provisions of the Licensed Alcohol and Drug
Counselors Act.
B. An application for a certificate or license to practice as a
certified or licensed alcohol and drug counselor shall be made to
the Oklahoma Board of Licensed Alcohol and Drug Counselors
Department of Mental Health and Substance Abuse Services in writing.
Such application shall be on a form and in a manner prescribed by
the Board Department. The application shall be accompanied by the
fee required by the Licensed Alcohol and Drug Counselors Act, which
shall be retained by the Board Department and not returned to the
applicant.
C. Each applicant for a certificate or license to practice as a
certified or licensed alcohol and drug counselor shall:
1. Pass an examination based on standards established by the
International Certification and Reciprocity Consortium, any
successor organization to the International Certification and
Reciprocity Consortium or another national or international
organization recognized by the Board Department to have similar
standards equal to or higher than the International Certification
and Reciprocity Consortium;
2. Be at least twenty-one (21) years of age;
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3. Not have engaged in, nor be engaged in, any practice or
conduct which would be grounds for denying, revoking or suspending a
license pursuant to the provisions of the Licensed Alcohol and Drug
Counselors Act; and
4. Otherwise comply with the rules promulgated by the Board
Department pursuant to the provisions of the Licensed Alcohol and
Drug Counselors Act.
D. In addition to the qualifications specified by the
provisions of subsection C of this section, an applicant for a
license to practice as a licensed alcohol and drug counselor shall:
1. Have at least a master's degree in alcohol and substance
abuse counseling or other clinical counseling field recognized by
the Oklahoma Board of Licensed Alcohol and Drug Counselors
Department of Mental Health and Substance Abuse Services that
includes, at a minimum, the following knowledge areas and graduate
credit hours from a college or university accredited by an agency
recognized by the United States Department of Education:
a. three courses in foundational knowledge, including one
course in alcohol and drug addiction, one course in
drug and alcohol counseling theory, and one course in
the pharmacology of drugs and abuse,
b. three courses in assessment and treatment of
behavioral health problems, which may include group
dynamics, individual and family counseling skills,
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specific counseling approaches, assessment methods,
community resources and referral, or other courses
primarily related to the assessment and treatment of
behavioral health problems,
c. one course in human development,
d. one course in psychopathology,
e. one course in multicultural and cultural competency
issues,
f. one course in family systems theory,
g. one course in addiction in the family theory,
h. one course in addiction in the family counseling,
i. one course in ethics, which includes established
ethical conduct for alcohol and drug counselors,
j. one course in research methods, and
k. one three-hour practicum/internship in the field of
drug and alcohol counseling of at least three hundred
(300) clock hours.
All courses shall be graduate level courses and shall be three
(3) semester hours or four (4) quarter credit hours which shall
include a minimum of forty-five (45) class hours for each course;
2. Have successfully completed at least one (1) year of full-
time supervised work experience providing behavioral health
services. For the purpose of the Licensed Alcohol and Drug
Counselors Act, one (1) year of full-time work experience shall mean
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two thousand (2,000) hours of work experience, of which at least one
thousand (1,000) hours shall consist of direct client contact; or
3. Be a licensed mental health professional as defined in
Section 1-103 of Title 43A of the Oklahoma Statutes and have
completed a minimum of fifteen (15) hours in master's level
substance abuse specific coursework, including, but not limited to,
chemical addiction, counseling, alcohol/drug counseling theory,
pharmacology of drugs and abuse, assessment and treatment of alcohol
and drug problems, theories in family addiction, and/or family
addiction counseling.
E. The scope of practice of a licensed alcohol and drug
counselor who meets the educational requirements set forth in
paragraph 1 of subsection D of this section may include the
assessment, diagnosis, and treatment of mental health disorders.
Licensees who have been determined by the Board Department to meet
these requirements shall have the designation "licensed alcohol and
drug counselor/mental health" or "LADC/MH" noted on their license
and wallet card.
F. The scope of practice of a licensed alcohol and drug
counselor who made application for license or who was licensed prior
to the effective date of the educational requirements set forth in
paragraph 1 of subsection D of this section shall not include the
assessment, diagnosis, and treatment of mental health disorders
unless:
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1. The licensed alcohol and drug counselor holds a master's
degree that meets the educational requirements for licensure in the
following behavioral health professions:
a. licensed professional counselor as defined in Section
1902 of this title,
b. licensed clinical social worker as defined in Section
1250.1 of this title,
c. licensed marital and family therapist as defined in
Section 1925.2 of this title, or
d. licensed behavioral practitioner as defined in Section
1931 of this title; or
2. The licensed alcohol and drug counselor holds a valid Co-
Occurring Disorders Certification based on standards established by
the International Certification and Reciprocity Consortium, any
successor organization to the International Certification and
Reciprocity Consortium, or any other national or international
organization recognized by the Board Department to have similar
standards equal to or higher than the International Certification
and Reciprocity Consortium.
G. In addition to the qualifications specified in subsection C
of this section, each applicant for a certificate to practice as a
certified alcohol and drug counselor shall have:
1. At a minimum, a bachelor's degree in a behavioral science
field that is recognized by the Oklahoma Board of Licensed Alcohol
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and Drug Counselors Department of Mental Health and Substance Abuse
Services as appropriate to practice as a certified drug and alcohol
counselor in this state;
2. Successfully completed at least two (2) years of full-time
supervised work experience. For the purpose of the Licensed Alcohol
and Drug Counselors Act, "two years of full-time work experience"
shall be defined as four thousand (4,000) hours of work experience
of which at least two thousand (2,000) hours shall consist of
providing alcohol and drug counseling services to an individual
and/or the individual's family;
3. Successfully completed at least two hundred seventy (270)
clock hours of education related to alcohol and drug counseling
subjects, theory, practice or research;
4. Successfully completed, as part of or in addition to the
education requirements established in paragraph 3 of this
subsection, a minimum of forty-five (45) clock hours of specialized
training approved by the Board Department in identifying co-
occurring disorders and making appropriate referrals for treatment
of co-occurring disorders; and
5. Successfully completed at least three hundred (300) hours of
supervised practicum experience in the field of drug and alcohol
counseling.
H. Any licensed or certified alcohol and drug counselor wishing
to be certified for co-occurring disorders in this state may obtain
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such certification pursuant to the provisions of the Licensed
Alcohol and Drug Counselors Act.
I. An application by a licensed or certified alcohol and drug
counselor for certification for co-occurring disorders shall be made
to the Oklahoma Board of Licensed Alcohol and Drug Counselors
Department of Mental Health and Substance Abuse Services in writing.
Such application shall be on a form and in a manner prescribed by
the Board Department. The application shall be accompanied by the
fee required by Section 1884 of this title, which shall be retained
by the Board Department and not returned to the applicant.
J. Each applicant for certification for co-occurring disorders
shall:
1. Be a licensed or certified alcohol and drug counselor in
good standing with the Board Department;
2. Meet the requirements promulgated by the Board Department to
establish the applicant's competency to include treatment of co-
occurring disorders within his or her scope of practice;
3. Be at least twenty-one (21) years of age;
4. Not have engaged in, nor be engaged in, any practice or
conduct which would be grounds for denying, revoking or suspending a
license pursuant to the provisions of the Licensed Alcohol and Drug
Counselors Act; and
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5. Otherwise comply with the rules promulgated by the Board
Department pursuant to the provisions of the Licensed Alcohol and
Drug Counselors Act.
K. Applicants with degrees from schools outside the United
States may qualify with Board Department approval by providing the
Board Department with an acceptable comprehensive evaluation of the
degree performed by a foreign credential evaluation service that is
acceptable to the Board Department, and any other requirement the
Board Department deems necessary.
SECTION 5. AMENDATORY 59 O.S. 2021, Section 1877, is
amended to read as follows:
Section 1877. A. 1. On and after January 1, 2005, before any
person is eligible to receive a license to practice as a certified
or licensed alcohol and drug counselor in this state, such person
shall successfully pass an examination pursuant to the provisions of
this section.
2. Examinations shall be held at such times, at such place and
in such manner as the Oklahoma Board of Licensed Alcohol and Drug
Counselors Department of Mental Health and Substance Abuse Services
directs. An examination shall be held at least annually. The Board
Department shall determine the acceptable grade on examinations.
The examination shall cover such technical, professional and
practical subjects as relate to the practice of alcohol and drug
counseling.
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3. If an applicant fails to pass the examination, the applicant
may reapply.
B. The Board Department shall preserve the answers to any
examination, and the applicant's performance on each section of the
examination, as part of the records of the Board Department for a
period of two (2) years following the date of the examination.
SECTION 6. AMENDATORY 59 O.S. 2021, Section 1878, is
amended to read as follows:
Section 1878. A. An applicant who meets the requirements for
certification or licensure pursuant to the provisions of the
Licensed Alcohol and Drug Counselors Act, pays the required
certification or license fees, and otherwise complies with the
provisions of the Licensed Alcohol and Drug Counselors Act shall be
certified or licensed by the Oklahoma Board of Licensed Alcohol and
Drug Counselors Department of Mental Health and Substance Abuse
Services.
B. Each initial certificate or license issued pursuant to the
Licensed Alcohol and Drug Counselors Act shall expire twelve (12)
months from the date of issuance unless sooner revoked.
C. 1. A certificate or license may be renewed annually upon
application and payment of fees. The application for renewal shall
be accompanied by evidence satisfactory to the Board Department that
the applicant has satisfied relevant professional or continuing
education requirements during the previous twelve (12) months.
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2. Failure to renew a certificate or license shall result in
forfeiture of the rights and privileges granted by the certificate
or license.
D. A person whose certificate or license has expired may make
application to the Board Department, in writing, within one (1) year
following the expiration date of the certificate or license
requesting reinstatement in a manner prescribed by the Board
Department and upon payment of the fees required by the provisions
of the Licensed Alcohol and Drug Counselors Act. The certificate or
license of a person whose certificate or license has been expired
for more than one (1) year shall not be reinstated. A person may
reapply for a new certificate or license as provided in Section 7
1876 of this act title.
E. A certified or licensed alcohol and drug counselor whose
certificate or license is current and in good standing and who
wishes to retire the certificate or license may do so by informing
the Board Department in writing and returning the certificate or
license to the Board Department. A certificate or license so
retired shall not be reinstated, but such retirement shall not
prevent a person from applying for a new certificate or license at a
future date.
SECTION 7. AMENDATORY 59 O.S. 2021, Section 1879, is
amended to read as follows:
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Section 1879. No person certified or licensed pursuant to the
provisions of the Licensed Alcohol and Drug Counselors Act shall
knowingly and willfully disclose any information that the holder of
the certificate or license may have acquired from persons consulting
the licensee in his or her professional capacity as an alcohol and
drug counselor or be compelled to disclose such information except
as provided by rules promulgated by the Oklahoma Board of Licensed
Alcohol and Drug Counselors Department of Mental Health and
Substance Abuse Services. Such rules shall comply with state and
federal law.
SECTION 8. AMENDATORY 59 O.S. 2021, Section 1881, is
amended to read as follows:
Section 1881. A. The Oklahoma Board of Licensed Alcohol and
Drug Counselors Department of Mental Health and Substance Abuse
Services may deny, revoke, suspend, place on probation or otherwise
sanction the holder of or candidate for any certificate or license
issued pursuant to the provisions of the Licensed Alcohol and Drug
Counselors Act to a certified or licensed alcohol and drug
counselor, or withdraw its acceptance of a licensed or certified
alcohol and drug counselor candidate if the person has:
1. Been convicted of or pleaded guilty or nolo contendere to a
felony;
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2. Been convicted of or pleaded guilty or nolo contendere to a
misdemeanor determined to be of such a nature as to render the
person convicted unfit to practice alcohol and drug counseling;
3. Been found by the Board Department to have a substance abuse
or co-occurring disorder and not be in recovery or to have relapsed
from recovery;
4. Engaged in fraud or deceit in connection with services
rendered or in establishing needed qualifications pursuant to the
provisions of the Licensed Alcohol and Drug counselors Act;
5. Knowingly aided or abetted a person not certified or
licensed pursuant to these provisions in representing himself or
herself as a certified or licensed alcohol and drug counselor in
this state;
6. Engaged in unprofessional conduct as defined by rules
promulgated by the Board Department;
7. Engaged in negligence or wrongful actions in the performance
of his or her duties; or
8. Misrepresented any information required in obtaining a
certificate or license.
B. No certificate or license shall be suspended or revoked, nor
shall a certified or licensed alcohol and drug counselor be placed
on probation or subjected to an administrative penalty until notice
is served upon the certified or licensed alcohol and drug counselor
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and an opportunity for a hearing is provided in conformity with
Article II of the Administrative Procedures Act.
C. In addition to the notice provided for in subsection B of
this section, notice shall also be served on the licensing board
Department for any other license held by the certified or licensed
alcohol and drug counselor.
D. 1. Any person who is determined by the Board Department to
have violated any provision of the Licensed Alcohol and Drug
Counselors Act, or any rule promulgated or order issued pursuant
thereto, may be subject to an administrative penalty.
2. The maximum administrative penalty shall not exceed Ten
Thousand Dollars ($10,000.00).
3. Administrative penalties imposed pursuant to this subsection
shall be enforceable in the district courts of this state.
4. All administrative penalties collected shall be deposited
into the Licensed Alcohol and Drug Counselors Revolving Fund,
created by Section 1883 of this title.
E. The hearings provided for by the Licensed Alcohol and Drug
Counselors Act shall be conducted in conformity with, and records
made thereof as provided by Article II of the Administrative
Procedures Act.
SECTION 9. AMENDATORY 59 O.S. 2021, Section 1882, is
amended to read as follows:
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Section 1882. The Oklahoma Board of Licensed Alcohol and Drug
Counselors Department of Mental Health and Substance Abuse Services
shall promulgate rules governing any certification or licensure
action to be taken pursuant to the Administrative Procedures Act.
SECTION 10. AMENDATORY 59 O.S. 2021, Section 1883, is
amended to read as follows:
Section 1883. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Board of Licensed Alcohol and Drug
Counselors Department of Mental Health and Substance Abuse Services,
to be designated the "Licensed Alcohol and Drug Counselors Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received pursuant
to the Licensed Alcohol and Drug Counselors Act. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Board Department to meet expenses
necessary for carrying out the purposes of this act. Expenditures
from the fund shall be approved by the Board Department and shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
SECTION 11. AMENDATORY 59 O.S. 2021, Section 1884, is
amended to read as follows:
Section 1884. A. The fee for certification, licensure or
annual renewal of a certificate or license as a certified or
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licensed alcohol and drug counselor, certification to provide
treatment for co-occurring disorders, approval as a supervisor or
for other actions reasonable and necessary to the proper
administration of the provisions of the Licensed Alcohol and Drug
Counselors Act shall be fixed by the Oklahoma Board of Licensed
Alcohol and Drug Counselors Department of Mental Health and
Substance Abuse Services.
B. The Board Department shall fix the amount of the fees so
that the total fees collected will be sufficient to meet the
expenses of administering the provisions of the Licensed Alcohol and
Drug Counselors Act and so that there are no unnecessary surpluses
in the Licensed Alcohol and Drug Counselors Revolving Fund;
provided, the Board Department shall not fix the certification or
licensure fee at an amount in excess of Three Hundred Dollars
($300.00), or the annual renewal fee at an amount in excess of Two
Hundred Dollars ($200.00).
C. 1. The fee for the issuance of a certificate or license to
replace a lost, destroyed or mutilated certificate or license shall
be Twenty-five Dollars ($25.00).
2. The fee shall accompany the application for a replacement
license.
D. The fee for the application and examination required
pursuant to the provisions of the Licensed Alcohol and Drug
Counselors Act shall not exceed Five Hundred Dollars ($500.00).
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SECTION 12. AMENDATORY 59 O.S. 2021, Section 1902, is
amended to read as follows:
Section 1902. For the purpose of the Licensed Professional
Counselors Act:
1. "Licensed professional counselor" or "LPC" means any person
who offers professional counseling services for compensation to any
person and is licensed pursuant to the provisions of the Licensed
Professional Counselors Act. The term shall not include those
professions exempted by Section 1903 of this title;
2. "Board" means the State Board of Behavioral Health Licensure
"Commissioner" means the Commissioner of the Oklahoma Department of
Mental Health and Substance Abuse Services;
3. "Counseling" means the application of mental health and
developmental principles in order to:
a. facilitate human development and adjustment throughout
the life span,
b. prevent, diagnose or treat mental, emotional or
behavioral disorders or associated distress which
interfere with mental health,
c. conduct assessments or diagnoses for the purpose of
establishing treatment goals and objectives, and
d. plan, implement or evaluate treatment plans using
counseling treatment interventions;
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4. "Counseling treatment interventions" means the application
of cognitive, affective, behavioral and systemic counseling
strategies which include principles of development, wellness, and
pathology that reflect a pluralistic society. Such interventions
are specifically implemented in the context of a professional
counseling relationship;
5. "Consulting" means interpreting or reporting scientific fact
or theory in counseling to provide assistance in solving current or
potential problems of individuals, groups or organizations;
6. "Department" means the Oklahoma Department of Mental Health
and Substance Abuse Services;
6. 7. "Referral activities" means the evaluating of data to
identify problems and to determine the advisability of referral to
other specialists;
7. 8. "Research activities" means reporting, designing,
conducting or consulting on research in counseling;
8. 9. "Specialty" means the designation of a subarea of
counseling practice that is recognized by a national certification
agency or by the Board Department;
9. 10. "Supervisor" means a person who meets the requirements
established by the Board Department and who is licensed pursuant to
the Licensed Professional Counselors Act; and
10. 11. "Licensed professional counselor candidate" means a
person whose application for licensure has been accepted and who is
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under supervision for licensure as provided in Section 1906 of this
title; and
11. "Executive Director" means the Executive Director of the
State Board of Behavioral Health Licensure.
SECTION 13. AMENDATORY 59 O.S. 2021, Section 1905, is
amended to read as follows:
Section 1905. A. The State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services shall:
1. Prescribe, adopt and promulgate rules to implement and
enforce the provisions of the Licensed Professional Counselors Act,
including the adoption of the State Department of Health rules by
reference;
2. Adopt and establish rules of professional conduct;
3. Set license and examination fees as required by the Licensed
Professional Counselors Act; and
4. Promulgate rules for licensed professional counselors who
are licensed outside of Oklahoma to provide counseling services
approved by the Licensed Professional Counselors Act, the Marital
and Family Therapist Licensure Act, and the Licensed Behavioral
Practitioner Act. Provided, such rules shall only be valid for the
duration of a declaration of emergency issued by the Governor or the
Legislature pursuant to the Oklahoma Emergency Management Act of
2003 or a declaration of a catastrophic health emergency issued by
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the Governor pursuant to the Catastrophic Health Emergency Powers
Act. Provided, such rules shall only authorize the provision of
services that are pro bono or reimbursed by nongovernmental
entities. Nothing in this section shall be construed as to permit
the adoption of permanent rules weakening the licensing requirements
established by the Licensed Professional Counselors Act, the Marital
and Family Therapist Licensure Act, and the Licensed Behavioral
Practitioner Act.
B. The Board Department shall have the authority to:
1. Seek injunctive relief;
2. Request the district attorney to bring an action to enforce
the provisions of the Licensed Professional Counselors Act;
3. Receive fees and deposit said fees into the Licensed
Professional Counselors Revolving Fund as required by the Licensed
Professional Counselors Act;
4. Issue, renew, revoke, deny, suspend and place on probation
licenses to practice professional counseling pursuant to the
provisions of the Licensed Professional Counselors Act;
5. Examine all qualified applicants for licenses to practice
professional counseling;
6. Request assistance from the State Board of Medical Licensure
and Supervision for the purposes of investigating complaints and
possible violations of the Licensed Professional Counselors Act;
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7. Accept grants and gifts from various foundations and
institutions; and
8. Make such expenditures and employ such personnel as the
Executive Director may deem necessary for the administration of the
Licensed Professional Counselors Act.
SECTION 14. AMENDATORY 59 O.S. 2021, Section 1906, is
amended to read as follows:
Section 1906. A. Applications for a license to practice as a
licensed professional counselor shall be made to the State Board of
Behavioral Health Licensure Oklahoma Department of Mental Health and
Substance Abuse Services in writing. Such applications shall be on
a form and in a manner prescribed by the Board Department. The
application shall be accompanied by the fee required by the Licensed
Professional Counselors Act, which shall be retained by the Board
Department and not returned to the applicant.
B. Each applicant for a license to practice as a licensed
professional counselor shall:
1. Pass an examination based on standards promulgated by the
Board Department pursuant to the Licensed Professional Counselors
Act;
2. Be at least twenty-one (21) years of age;
3. Not have engaged in, nor be engaged in, any practice or
conduct which would be grounds for denying, revoking or suspending a
license pursuant to this title; and
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4. Otherwise comply with the rules promulgated by the Board
Department pursuant to the provisions of the Licensed Professional
Counselors Act.
C. In addition to the qualifications specified by the
provisions of subsection B of this section, an applicant for a
license to practice as a licensed professional counselor shall have:
1. Successfully completed at least sixty (60) graduate semester
hours (ninety (90) graduate quarter hours) of counseling-related
course work. These sixty (60) hours shall include at least a
master's degree in a counseling field. All courses and degrees
shall be earned from a regionally accredited college or university.
The Board Department shall define what course work qualifies as
"counseling-related" and what degrees/majors qualify as a
"counseling field"; and
2. Three (3) years of supervised full-time experience in
professional counseling subject to the supervision of a licensed
professional counselor pursuant to conditions established by the
Board Department. One (1) or two (2) years of experience may be
gained at the rate of one (1) year for each thirty (30) graduate
semester hours earned beyond the master's degree, provided that such
hours are clearly related to the field of counseling and are
acceptable to the Board Department. The applicant shall have no
less than one (1) year of supervised full-time experience in
counseling.
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D. Applicants with degrees from schools outside the United
States may qualify with Board Department approval by providing the
Board Department with an acceptable comprehensive evaluation of the
degree performed by a foreign credential evaluation service that is
acceptable to the Board Department, and any other requirement the
Board Department deems necessary.
E. Applicants licensed in other states shall be licensed by the
Board Department if the candidate is in good standing in the other
state, has maintained a minimum of three (3) years of licensure
since the time of initial full licensure post-provisional term and
submits proof of licensure in the other state.
SECTION 15. AMENDATORY 59 O.S. 2021, Section 1907, is
amended to read as follows:
Section 1907. A. 1. Examinations shall be held at such times,
at such place and in such manner as the State Board of Behavioral
Health Licensure Oklahoma Department of Mental Health and Substance
Abuse Services directs. An examination shall be held at least
annually. The Board Department shall determine the acceptable grade
on examinations. The examination shall cover such technical,
professional and practical subjects as relate to the practice of
professional counseling.
2. If an applicant fails to pass the examinations, the
applicant may reapply.
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B. The Board Department shall preserve answers to any
examination, and the applicant's performance on each section, as
part of the records of the Board Department for a period of two (2)
years following the date of the examination.
SECTION 16. AMENDATORY 59 O.S. 2021, Section 1908, is
amended to read as follows:
Section 1908. A. An applicant who meets the requirements for
licensure pursuant to the provisions of the Licensed Professional
Counselors Act, has paid the required license fees and has otherwise
complied with the provisions of the Licensed Professional Counselors
Act shall be licensed by the State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services.
B. Each initial license issued pursuant to the Licensed
Professional Counselors Act shall expire twenty-four (24) months
from the date of issuance unless revoked. A license may be renewed
annually upon application and payment of fees. The application for
renewal shall be accompanied by evidence satisfactory to the Board
Department that the applicant has completed relevant professional or
continued educational experience during the previous twenty-four
(24) months. Failure to renew a license shall result in forfeiture
of the rights and privileges granted by the license. A person whose
license has expired may make application within one (1) year
following the expiration in writing to the Board Department
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requesting reinstatement in a manner prescribed by the Board
Department and payment of the fees required by the provisions of the
Licensed Professional Counselors Act. The license of a person whose
license has expired for more than one (1) year shall not be
reinstated. A person may reapply for a new license as provided in
Section 1906 of this title.
C. A licensed professional counselor whose license is current
and in good standing, who wishes to retire the license, may do so by
informing the Board Department in writing and returning the license
to the Office of Licensed Professional Counselors. A license so
retired shall not be reinstated but does not prevent a person from
applying for a new license at a future date.
SECTION 17. AMENDATORY 59 O.S. 2021, Section 1909, is
amended to read as follows:
Section 1909. The State Board of Behavioral Health Licensure
Oklahoma Department of Mental Health and Substance Abuse Services
shall have the power to issue a license by endorsement to an
applicant licensed in another state to practice as a licensed
professional counselor if the Board Department deems such applicant
to have qualifications comparable to those required under the
Licensed Professional Counselors Act and if the Board Department
finds the applicant meets the standards, provided by rules, for
license by endorsement.
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SECTION 18. AMENDATORY 59 O.S. 2021, Section 1911, is
amended to read as follows:
Section 1911. A. Any person who:
1. Represents himself or herself by the title "Licensed
Professional Counselor" or "LPC" without having first complied with
the provisions of the Licensed Professional Counselors Act;
2. Otherwise offers to perform counseling services;
3. Uses the title of Licensed Professional Counselor or any
other name, style or description denoting that the person is
licensed as a licensed professional counselor; or
4. Practices counseling,
upon conviction thereof, shall be guilty of a misdemeanor and shall
be punished by imposition of a fine of not less than One Hundred
Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for
each offense and in addition may be imprisoned for a term not to
exceed six (6) months in the county jail or by both such fine and
imprisonment.
B. It shall be unlawful for any person who is not licensed or
supervised pursuant to or specifically exempt from the provisions of
the Licensed Professional Counselors Act to:
1. Advertise or otherwise offer to perform counseling services;
2. Use the title of Licensed Professional Counselor or any
other name, style or description denoting that the person is
licensed as a licensed professional counselor; or
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3. Practice counseling.
Such action shall be subject to injunctive action by the State Board
of Behavioral Health Licensure Oklahoma Department of Mental Health
and Substance Abuse Services.
SECTION 19. AMENDATORY 59 O.S. 2021, Section 1912, is
amended to read as follows:
Section 1912. A. The State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services may deny, revoke, suspend or place on probation any license
or specialty designation issued pursuant to the provisions of the
Licensed Professional Counselors Act to a licensed professional
counselor, if the person has:
1. Been convicted of a felony crime that substantially relates
to the practice of counseling and poses a reasonable threat to
public safety;
2. Engaged in fraud or deceit in connection with services
rendered or in establishing needed qualifications pursuant to the
provisions of this act;
3. Knowingly aided or abetted a person not licensed pursuant to
these provisions in representing himself as a licensed professional
counselor in this state;
4. Engaged in unprofessional conduct as defined by the rules
established by the Board Department;
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5. Engaged in negligence or wrongful actions in the performance
of his or her duties; or
6. Misrepresented any information required in obtaining a
license.
B. If the Board Department determines that a felony conviction
of an applicant renders the convicted applicant unfit to practice
counseling, the Board Department shall provide notice and
opportunity to the applicant, by certified mail at the last-known
address, for an administrative hearing to contest such determination
before the Board Department may deny the application. The request
shall be made by the applicant within fifteen (15) days of receipt
of the notice.
C. No license or specialty designation shall be suspended or
revoked, nor a licensed professional counselor placed on probation
until notice is served upon the licensed professional counselor and
a hearing is held in conformity with Article II of the
Administrative Procedures Act.
D. As used in this section:
1. "Substantially relates" means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal
conduct for which the person was convicted involved an act or threat
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of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 20. AMENDATORY 59 O.S. 2021, Section 1913.1, is
amended to read as follows:
Section 1913.1. A. The State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services shall promulgate rules governing any licensure action to be
taken pursuant to the Licensed Professional Counselors Act which
shall be consistent with the requirements of notice and hearing
under the Administrative Procedures Act. No action shall be taken
without prior notice unless the Board Department determines that
there exists a threat to the health and safety of the residents of
Oklahoma.
B. 1. Any person who is determined by the Board Department to
have violated any provision of the Licensed Professional Counselors
Act, or any rule promulgated or order issued pursuant thereto, may
be subject to an administrative penalty.
2. The maximum administrative penalty shall not exceed Ten
Thousand Dollars ($10,000.00).
3. Administrative penalties imposed pursuant to this subsection
shall be enforceable in the district courts of this state.
4. All administrative penalties collected shall be deposited
into the Licensed Professional Counselors Revolving Fund.
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SECTION 21. AMENDATORY 59 O.S. 2021, Section 1916.1, is
amended to read as follows:
Section 1916.1. All licensed professional counselors, except
those employed by federal, state, or local governmental agencies,
shall, prior to the performance of service, furnish the client with
a copy of the Statement of Professional Disclosure as promulgated by
rule of the State Board of Behavioral Health Licensure Oklahoma
Department of Mental Health and Substance Abuse Services. A current
copy shall be on file with the Board Department at all times.
SECTION 22. AMENDATORY 59 O.S. 2021, Section 1917, is
amended to read as follows:
Section 1917. A. A professional specialty designation area may
be established by the State Board of Behavioral Health Licensure
Oklahoma Department of Mental Health and Substance Abuse Services
upon receipt of a petition signed by fifteen qualified persons who
are currently licensed as licensed professional counselors, and who
meet the recognized minimum standards as established by appropriate
nationally recognized certification agencies; provided, if a
nationally recognized certification does not exist, the Board
Department may establish minimum standards for specialty
designations.
B. Upon receipt of credentials from the appropriate
certification agency, the Board Department may grant the licensed
professional counselor the appropriate specialty designation. The
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licensed professional counselor may attain specialty designation
through examination. A licensed professional counselor shall not
claim or advertise a counseling specialty and shall not incorporate
the specialty designation into the professional title of such
licensed professional counselor, unless the qualifications and
certification requirements of that specialty have been met and have
been approved by the Board Department and the appropriate
certification agency.
SECTION 23. AMENDATORY 59 O.S. 2021, Section 1918, is
amended to read as follows:
Section 1918. There is hereby created in the State Treasury a
revolving fund for the State Board of Behavioral Health Licensure
Oklahoma Department of Mental Health and Substance Abuse Services,
to be designated the "Licensed Professional Counselors Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received pursuant
to this act. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the
Executive Director Commissioner to meet expenses necessary for
carrying out the purpose of the Licensed Professional Counselors
Act. Expenditures from said fund shall be approved by the Board
Department and shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
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Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 24. AMENDATORY 59 O.S. 2021, Section 1919, is
amended to read as follows:
Section 1919. A. The licensing fee and the annual renewal fee
shall be amounts fixed by the State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services upon recommendations of the Oklahoma Licensed Professional
Counselors Advisory Board.
B. The Board Department shall fix the amount of the fees so
that the total fees collected will be sufficient to meet the
expenses of administering the provisions of the Licensed
Professional Counselors Act and so that there are no unnecessary
surpluses in the Licensed Professional Counselors Revolving Fund.
C. The Board Department shall not fix a license fee at an
amount in excess of Three Hundred Dollars ($300.00) and a renewal
fee at an amount in excess of Two Hundred Dollars ($200.00).
D. 1. The fee for the issuance of a license to replace a
license which was lost, destroyed or mutilated shall be Twenty-five
Dollars ($25.00).
2. The fee shall accompany the application for a replacement
license.
3. The fee for specialty designation shall not exceed One
Hundred Fifty Dollars ($150.00).
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4. The fee for an examination required pursuant to the Licensed
Professional Counselors Act shall not exceed the Board's
Department's actual costs for holding and grading the examination.
SECTION 25. AMENDATORY 59 O.S. 2021, Section 1925.2, is
amended to read as follows:
Section 1925.2. For purposes of the Marital and Family
Therapist Licensure Act:
1. "Advertise" means, but is not limited to, the issuing or
causing to be distributed any card, sign, or device to any person;
or the causing, permitting or allowing any sign or marking on or in
any building or structure, or in any newspaper or magazine or in any
directory, or on radio or television, or by advertising by any other
means designed to secure public attention;
2. "Board" means the State Board of Behavioral Health Licensure
"Commissioner" means the Commissioner of the Oklahoma Department of
Mental Health and Substance Abuse Services;
3. "Department" means the Oklahoma Department of Mental Health
and Substance Abuse Services;
4. "Licensed marital and family therapist" means a person
holding a current license issued pursuant to the provisions of the
Marital and Family Therapist Licensure Act;
4. 5. "Marital and family therapy" means the assessment,
diagnosis and treatment of disorders, whether cognitive, affective,
or behavioral, within the context of marital and family systems.
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Marital and family therapy involves the professional application of
family systems theories and techniques in the delivery of services
to individuals, marital pairs, and families for the purpose of
treating such disorders;
5. 6. "Person" means any individual, firm, corporation,
partnership, organization or body politic;
6. 7. "Practice of marital and family therapy" means the
rendering of professional marital and family therapy services to
individuals, family groups and marital pairs, singly or in groups,
whether such services are offered directly to the general public or
through organizations either public or private, for a fee, monetary
or otherwise;
7. 8. "Recognized educational institution" means a regionally
accredited college or university recognized by the United States
Department of Education;
8. 9. "Use a title or description of" means to hold oneself out
to the public as having a particular status by means of stating on
signs, mailboxes, address plates, stationery, announcements, calling
cards or other instruments of professional identification; and
9. 10. "Licensed marital and family therapist candidate" means
a person whose application for licensure has been accepted and who
is under supervision for licensure as set forth in Section 1925.6 of
this title; and
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10. "Executive Director" means the Executive Director of the
State Board of Behavioral Health Licensure.
SECTION 26. AMENDATORY 59 O.S. 2021, Section 1925.5, is
amended to read as follows:
Section 1925.5. A. The State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services shall:
1. Prescribe, adopt and promulgate rules to implement and
enforce the provisions of the Marital and Family Therapist Licensure
Act;
2. Set license and examination fees as required by the Marital
and Family Therapist Licensure Act, including the adoption of the
State Department of Health rules by reference; and
3. Adopt and establish rules of professional conduct.
B. The Board Department shall have the authority to:
1. Seek injunctive relief;
2. Receive fees and deposit said fees into the Licensed Marital
and Family Therapist Revolving Fund as required by the Marital and
Family Therapist Licensure Act;
3. Issue, renew, revoke, deny, suspend and place on probation
licenses to practice marital and family therapy pursuant to the
provisions of the Marital and Family Therapist Licensure Act;
4. Examine all qualified applicants for licenses to practice
marital and family therapy;
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5. Accept grants and gifts from various foundations and
institutions;
6. Make such expenditures and employ such personnel as the
Commissioner may deem necessary for the administration of the
Marital and Family Therapist Licensure Act;
7. Request the district attorney to bring an action to enforce
the provisions of the Marital and Family Therapist Licensure Act;
and
8. Request assistance from the State Board of Medical Licensure
and Supervision for the purposes of investigating complaints and
possible violations of the Marital and Family Therapist Licensure
Act.
SECTION 27. AMENDATORY 59 O.S. 2021, Section 1925.6, is
amended to read as follows:
Section 1925.6. A. Applications for a license to practice as a
licensed marital and family therapist shall be made to the State
Board of Behavioral Health Licensure Oklahoma Department of Mental
Health and Substance Abuse Services in writing. Such applications
shall be on a form and in a manner prescribed by the Board
Department. The application shall be accompanied by the fee
required by Section 1925.18 of this title which shall be retained by
the Board Department and not returned to the applicant.
B. Each applicant for a license to practice as a licensed
marital and family therapist shall:
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1. Be at least twenty-one (21) years of age;
2. Not have engaged in, nor be engaged in, any practice or
conduct which would be a grounds for revoking, suspending or placing
on probation a license under Section 1925.15 of this title; and
3. Otherwise comply with the rules and regulations promulgated
by the Board Department pursuant to the provisions of the Marital
and Family Therapist Licensure Act.
C. In addition to the qualifications specified by the
provisions of subsection B of this section any person applying for a
license after September 1, 1991, to practice as a licensed marital
and family therapist shall have the following educational and
experience qualifications:
1. A master's degree or a doctoral degree in marital and family
therapy, or a content-equivalent degree as defined by the Board
Department;
2. Successful completion of two (2) calendar years of work
experience in marital and family therapy following receipt of a
qualifying degree, under supervision in accordance with standards
established by the Board Department; and
3. An applicant applying for a license after September 1, 1991,
shall also be required to pass a written or oral examination or both
written and oral examination administered by the Board Department
if, at the discretion of the Board Department, such examination is
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deemed necessary in order to determine the applicant's
qualifications for the practice of marital and family therapy.
SECTION 28. AMENDATORY 59 O.S. 2021, Section 1925.7, is
amended to read as follows:
Section 1925.7. A. Examinations shall be held at such times,
at such place and in such manner as the State Board of Behavioral
Health Licensure Oklahoma Department of Mental Health and Substance
Abuse Services directs. An examination shall be held at least
annually. Examinations may be written or oral or both written and
oral. In any written examination each applicant shall be designated
so that such applicant's name shall not be disclosed to the Board
Department until the examinations have been graded. Examinations
shall include questions in such theoretical and applied fields as
the Board Department deems most suitable to test an applicant's
knowledge and competence to engage in the practice of marital and
family therapy.
B. The Board Department shall determine the acceptable grade on
examinations. If an applicant fails to pass the examinations, the
applicant may reapply.
C. The Board Department shall preserve answers to any
examination, and the applicant's performance on each section, as
part of the records of the Board Department for a period of two (2)
years following the date of the examination.
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SECTION 29. AMENDATORY 59 O.S. 2021, Section 1925.8, is
amended to read as follows:
Section 1925.8. A. An applicant who meets the requirements for
licensure required by the provisions of the Marital and Family
Therapist Licensure Act, has paid the required license fees and has
otherwise complied with the provisions of the Marital and Family
Therapist Licensure Act, shall be licensed by the State Board of
Behavioral Health Licensure Oklahoma Department of Mental Health and
Substance Abuse Services.
B. Each initial license issued pursuant to the Marital and
Family Therapist Licensure Act shall expire twenty-four (24) months
from the date of issuance. A license may be renewed annually upon
application and payment of fees. Failure to timely renew a license
shall result in expiration of the license and forfeiture of the
rights and privileges granted by the license. A person whose
license has expired may within one (1) year following the expiration
request reinstatement in a manner prescribed by the Board
Department. The license of a person whose license has expired
pursuant to this section for more than one (1) year shall not be
reinstated.
SECTION 30. AMENDATORY 59 O.S. 2021, Section 1925.9, is
amended to read as follows:
Section 1925.9. The State Board of Behavioral Health Licensure
Oklahoma Department of Mental Health and Substance Abuse Services
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shall have the power to issue, upon application and payment of fees,
a license by endorsement for an applicant licensed in another state
to practice as a licensed marital and family therapist if the Board
Department deems such applicant to have qualifications equivalent to
or which exceed those required pursuant to the provisions of the
Marital and Family Therapist Licensure Act and if the Board
Department finds the applicant meets the standards, provided by
rule, for license by endorsement.
SECTION 31. AMENDATORY 59 O.S. 2021, Section 1925.15, is
amended to read as follows:
Section 1925.15. A. The State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services may deny, revoke, suspend or place on probation any license
issued subject to the provisions of the Marital and Family Therapist
Licensure Act, if the person has:
1. Been convicted of a felony crime that substantially relates
to the practice of counseling and poses a reasonable threat to
public safety;
2. Violated ethical standards of such a nature as to render the
person found by the Board Department to have engaged in such
violation unfit to practice marital and family therapy;
3. Misrepresented any information required in obtaining a
license;
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4. Engaged in fraud or deceit in connection with services
rendered or in establishing needed qualifications pursuant to the
provisions of the Marital and Family Therapist Licensure Act;
5. Knowingly aided or abetted a person not licensed pursuant to
these provisions in representing himself or herself as a licensed
marital and family therapist in this state;
6. Engaged in unprofessional conduct as defined by the rules
promulgated by the Board Department; or
7. Engaged in negligence or wrongful actions in the performance
of the duties of such person.
B. If the Board Department determines that a felony conviction
of an applicant renders the convicted applicant unfit to practice
counseling, the Board Department shall provide notice and
opportunity to the applicant, by certified mail at the last-known
address, for an administrative hearing to contest such determination
before the Board Department may deny the application. The request
shall be made by the applicant within fifteen (15) days of receipt
of the notice.
C. No license shall be suspended, revoked or placed on
probation until notice is served upon the licensed marital and
family therapist and a hearing is held in such manner as is required
by the Marital and Family Therapist Licensure Act.
D. Any person who is determined by the Board Department to have
violated any of the provisions of the Marital and Family Therapist
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Licensure Act or any rule promulgated or order issued pursuant
thereto may be subject to an administrative penalty. The maximum
fine shall not exceed Ten Thousand Dollars ($10,000.00). All
administrative penalties collected pursuant to the Marital and
Family Therapist Licensure Act shall be deposited into the Licensed
Marital and Family Therapist Revolving Fund. Administrative
penalties imposed pursuant to this subsection shall be enforceable
in the district courts of this state.
E. As used in this section:
1. "Substantially relates" means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 32. AMENDATORY 59 O.S. 2021, Section 1925.17, is
amended to read as follows:
Section 1925.17. There is hereby created in the State Treasury
a revolving fund for the State Board of Behavioral Health Licensure
Oklahoma Department of Mental Health and Substance Abuse Services,
to be designated the "Licensed Marital and Family Therapist
Revolving Fund". The fund shall be a continuing fund, not subject
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to fiscal year limitations, and shall consist of all monies received
pursuant to the provisions of the Marital and Family Therapist
Licensure Act. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the
Executive Director Commissioner to meet expenses necessary for
carrying out the purpose of the Marital and Family Therapist
Licensure Act. Expenditures from said fund shall be approved by the
Board Department and shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 33. AMENDATORY 59 O.S. 2021, Section 1925.18, is
amended to read as follows:
Section 1925.18. A. The licensing fee and the annual renewal
fee shall be amounts fixed by the State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services.
B. 1. The Board Department shall fix the amount of the fees so
that the total fees collected will be sufficient to meet the
expenses of administering the provisions of the Marital and Family
Therapist Licensure Act and so that there are no unnecessary
surpluses in the Licensed Marital and Family Therapist Revolving
Fund.
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2. The Board Department shall not fix a license fee at an
amount in excess of Three Hundred Dollars ($300.00) and a renewal
fee at an amount in excess of Two Hundred Dollars ($200.00).
3. The fee for the issuance of a license to replace a license
which was lost, destroyed or mutilated shall be Twenty-five Dollars
($25.00).
4. The fee shall accompany the application for a replacement
license.
5. The fee for an examination required pursuant to the Marital
and Family Therapist Licensure Act shall not exceed the actual costs
incurred by the Board Department for holding and grading the
examinations.
SECTION 34. AMENDATORY 59 O.S. 2021, Section 1931, is
amended to read as follows:
Section 1931. For the purpose of the Licensed Behavioral
Practitioner Act:
1. "Behavioral health services" means the application of the
scientific components of psychological and mental health principles
in order to:
a. facilitate human development and adjustment throughout
the life span,
b. prevent, diagnose, or treat mental, emotional, or
behavioral disorders or associated distress which
interfere with mental health,
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c. conduct assessments or diagnoses for the purpose of
establishing treatment goals and objectives, and
d. plan, implement, or evaluate treatment plans using
behavioral treatment interventions;
2. "Behavioral treatment interventions" means the application
of empirically validated treatment modalities, including, but not
limited to, operant and classical conditioning techniques,
adherence/compliance methods, habit reversal procedures, cognitive
behavior therapy, biofeedback procedures and parent training. Such
interventions are specifically implemented in the context of a
professional therapeutic relationship;
3. "Board" means the State Board of Behavioral Health Licensure
"Commissioner" means the Commissioner of the Oklahoma Department of
Mental Health and Substance Abuse Services;
4. "Consulting" means interpreting or reporting scientific fact
or theory in behavioral health to provide assistance in solving
current or potential problems of individuals, groups, or
organizations;
5. "Department" means the Oklahoma Department of Mental Health
and Substance Abuse Services;
5. 6. "Licensed behavioral practitioner" or "LBP" means any
person who offers professional behavioral health services to any
person and is licensed pursuant to the provisions of the Licensed
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Behavioral Practitioner Act. The term shall not include those
professions exempted by Section 1932 of this title;
6. 7. "Licensed behavioral practitioner candidate" means a
person whose application for licensure has been accepted and who is
under supervision for licensure as provided in Section 1935 of this
title;
7. 8. "Referral activities" means the evaluating of data to
identify problems and to determine the advisability of referral to
other specialists;
8. 9. "Research activities" means reporting, designing,
conducting, or consulting on research in behavioral health services;
9. 10. "Specialty" means the designation of a subarea of
behavioral practice that is recognized by a national certification
agency or by the Board Department; and
10. 11. "Supervisor" means a person who meets the requirements
established by the Board; and Department
11. "Executive Director" means the Executive Director of the
State Board of Behavioral Health Licensure.
SECTION 35. AMENDATORY 59 O.S. 2021, Section 1934, is
amended to read as follows:
Section 1934. A. The State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services shall:
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1. Prescribe, adopt, and promulgate rules to implement and
enforce the provisions of the Licensed Behavioral Practitioner Act,
including the adoption of State Department of Health rules by
reference;
2. Adopt and establish rules of professional conduct; and
3. Set license and examination fees as required by the Licensed
Behavioral Practitioner Act.
B. The Board Department shall have the authority to:
1. Seek injunctive relief;
2. Request the district attorney to bring an action to enforce
the provisions of the Licensed Behavioral Practitioner Act;
3. Receive fees and deposit the fees into the Licensed
Behavioral Practitioners Revolving Fund as required by the Licensed
Behavioral Practitioner Act;
4. Issue, renew, revoke, deny, suspend and place on probation
licenses to practice behavioral health pursuant to the provisions of
the Licensed Behavioral Practitioner Act;
5. Examine all qualified applicants for licenses to practice
behavioral health;
6. Investigate complaints and possible violations of the
Licensed Behavioral Practitioner Act;
7. Accept grants and gifts from various foundations and
institutions;
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8. Make such expenditures and employ such personnel as the
Commissioner may deem necessary for the administration of the
Licensed Behavioral Practitioner Act; and
9. Request assistance from the State Board of Medical Licensure
and Supervision for the purposes of investigating complaints and
violations of the Licensed Behavioral Practitioner Act.
SECTION 36. AMENDATORY 59 O.S. 2021, Section 1935, is
amended to read as follows:
Section 1935. A. Applications for a license to practice as a
licensed behavioral practitioner shall be made to the State Board of
Behavioral Health Licensure Oklahoma Department of Mental Health and
Substance Abuse Services in writing. Such applications shall be on
a form and in a manner prescribed by the Board Department. The
application shall be accompanied by the fee required by the Licensed
Behavioral Practitioner Act, which shall be retained by the Board
Department and not returned to the applicant.
B. Each applicant for a license to practice as a licensed
behavioral practitioner shall:
1. Pass an examination based on standards promulgated by the
Board Department pursuant to the Licensed Behavioral Practitioner
Act;
2. Be at least twenty-one (21) years of age;
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3. Not have engaged in, nor be engaged in, any practice or
conduct which would be grounds for denying, revoking, or suspending
a license pursuant to the Licensed Behavioral Practitioner Act; and
4. Otherwise comply with the rules promulgated by the Board
Department pursuant to the provisions of the Licensed Behavioral
Practitioner Act.
C. In addition to the qualifications specified by the
provisions of subsection B of this section, an applicant for a
license to practice as a licensed behavioral practitioner shall
have:
1. Successfully completed at least forty-five (45) graduate
semester hours (sixty (60) graduate quarter hours) of behavioral-
science-related course work. These forty-five (45) hours shall
include at least a master's degree from a program in psychology.
All course work and degrees shall be earned from a regionally
accredited college or university. The Board Department shall define
what course work qualifies as "behavioral-science-related";
2. On or after January 1, 2008, successfully completed at least
sixty (60) graduate semester hours (ninety (90) graduate quarter
hours) of behavioral-science-related course work. These sixty (60)
hours shall include at least a master's degree from a program in
psychology. All courses shall be earned from a regionally
accredited college or university.
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The Board Department shall define what course work qualifies as
"behavioral-science-related"; and
3. Three (3) years of supervised full-time experience in
professional behavioral health services subject to the supervision
of a licensed mental health professional pursuant to conditions
established by the Board Department. One (1) or two (2) years of
experience may be gained at the rate of one (1) year for each thirty
(30) graduate semester hours earned beyond the master's degree,
provided that such hours are clearly related to the field of
psychology or behavioral sciences and are acceptable to the Board
Department. The applicant shall have no less than one (1) year of
supervised full-time experience in behavioral science.
D. Applicants with degrees from schools outside the United
States may qualify with Board Department approval by providing the
Board Department with an acceptable comprehensive evaluation of the
degree performed by a foreign credential evaluation service that is
acceptable to the Board Department, and any other requirement the
Board Department deems necessary.
SECTION 37. AMENDATORY 59 O.S. 2021, Section 1936, is
amended to read as follows:
Section 1936. A. Examinations for licensure shall be held at
such times, at such place, and in such manner as the State Board of
Behavioral Health Licensure Oklahoma Department of Mental Health and
Substance Abuse Services directs. The examination shall be held at
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least annually. The Board Department shall determine the acceptable
grade on examinations. The examination shall cover such technical,
professional, and practical subjects as relate to the practice of
behavioral science. If an applicant fails to pass the examination,
the applicant may reapply.
B. The Board Department shall preserve answers to any
examination, and the applicant's performance on each section, for a
period of two (2) years following the date of the examination.
SECTION 38. AMENDATORY 59 O.S. 2021, Section 1937, is
amended to read as follows:
Section 1937. A. An applicant who meets the requirements for
licensure pursuant to the provisions of the Licensed Behavioral
Practitioner Act, has paid the required license fees, and has
otherwise complied with the provisions of the Licensed Behavioral
Practitioner Act shall be licensed by the State Board of Behavioral
Health Licensure Oklahoma Department of Mental Health and Substance
Abuse Services.
B. Each initial license issued pursuant to the Licensed
Behavioral Practitioner Act shall expire twenty-four (24) months
from the date of issuance unless revoked. A license may be renewed
upon application and payment of fees. The application for renewal
shall be accompanied by evidence satisfactory to the Board
Department that the licensed behavioral practitioner has completed
relevant professional or continued educational experience during the
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previous twenty-four (24) months. Failure to renew a license shall
result in forfeiture of the rights and privileges granted by the
license. A person whose license has expired may make application
within one (1) year following the expiration in writing to the Board
Department requesting reinstatement in a manner prescribed by the
Board Department and payment of the fees required by the provisions
of Licensed Behavioral Practitioner Act. The license of a person
whose license has expired for more than one (1) year shall not be
reinstated. A person may apply for a new license as provided in
Section 1935 of this title.
C. A licensed behavioral practitioner whose license is current
and in good standing, who wishes to retire the license, may do so by
informing the Board Department in writing and returning the license
to the Board Department. A license so retired shall not be
reinstated but retirement of the license shall preclude a person
from applying for a new license at a future date.
SECTION 39. AMENDATORY 59 O.S. 2021, Section 1938, is
amended to read as follows:
Section 1938. The State Board of Behavioral Health Licensure
Oklahoma Department of Mental Health and Substance Abuse Services
shall have the power to issue a license by endorsement for an
applicant licensed in another state to practice as a behavioral
practitioner or under similar title if the Board Department deems
such applicant to have qualifications comparable to those required
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under the Licensed Behavioral Practitioner Act and if the Board
Department finds the applicant meets the standards, provided by
rule, for license by endorsement.
SECTION 40. AMENDATORY 59 O.S. 2021, Section 1940, is
amended to read as follows:
Section 1940. A. Any person who represents himself or herself
by the title "Licensed Behavioral Practitioner" or "LBP" without
having first complied with the provisions of the Licensed Behavioral
Practitioner Act, or who otherwise offers to perform behavioral
health services, or who uses the title of Licensed Behavioral
Practitioner or any other name, style, or description denoting that
the person is licensed as a behavioral practitioner, or who
practices behavioral science, upon conviction thereof, shall be
guilty of a misdemeanor and shall be punished by imposition of a
fine of not less than One Hundred Dollars ($100.00) nor more than
Five Hundred Dollars ($500.00) for each offense and in addition may
be imprisoned for a term not to exceed six (6) months in the county
jail or by both such fine and imprisonment.
B. It shall be unlawful for any person not licensed or
supervised pursuant to or specifically exempt from the Licensed
Behavioral Practitioner Act to advertise or otherwise offer to
perform behavioral health services or to use the title of Licensed
Behavioral Practitioner or any other name, style, or description
denoting that the person is licensed as a licensed behavioral
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practitioner, or to practice behavioral science. Such action shall
be subject to injunctive action by the State Board of Behavioral
Health Licensure Oklahoma Department of Mental Health and Substance
Abuse Services.
SECTION 41. AMENDATORY 59 O.S. 2021, Section 1941, is
amended to read as follows:
Section 1941. A. The State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services may deny, revoke, suspend, or place on probation any
license or specialty designation issued pursuant to the provisions
of the Licensed Behavioral Practitioner Act to a licensed behavioral
practitioner, if the person has:
1. Been convicted of a felony crime that substantially relates
to the practice of behavioral health and poses a reasonable threat
to public safety;
2. Engaged in fraud or deceit in connection with services
rendered or in establishing needed qualifications pursuant to the
provisions of this act;
3. Knowingly aided or abetted a person not licensed pursuant to
these provisions in representing himself or herself as a licensed
behavioral practitioner in this state;
4. Engaged in unprofessional conduct as defined by the rules
established by the Board Department;
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5. Engaged in negligence or wrongful actions in the performance
of the licensee's duties; or
6. Misrepresented any information required in obtaining a
license.
B. If the Board Department determines that a felony conviction
of an applicant renders the convicted applicant unfit to practice
counseling, the Board Department shall provide notice and
opportunity to the applicant, by certified mail at the last-known
address, for an administrative hearing to contest such determination
before the Board Department may deny the application. The request
shall be made by the applicant within fifteen (15) days of receipt
of the notice.
C. No license or specialty designation shall be suspended or
revoked, nor a licensed behavioral practitioner placed on probation,
until notice is served upon the licensed behavioral practitioner and
a hearing is held in conformity with Article II of the
Administrative Procedures Act.
D. As used in this section:
1. "Substantially relates" means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal
conduct for which the person was convicted involved an act or threat
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of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 42. AMENDATORY 59 O.S. 2021, Section 1942, is
amended to read as follows:
Section 1942. A. The State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services shall promulgate rules governing any licensure action to be
taken pursuant to the Licensed Behavioral Practitioner Act which
shall be consistent with the requirements of notice and hearing
under the Administrative Procedures Act. No action shall be taken
without prior notice unless the Board Department determines that
there exists a threat to the health and safety of the residents of
this state.
B. 1. Any person who is determined by the Board Department to
have violated any provision of the Licensed Behavioral Practitioner
Act, or any rule promulgated or order issued pursuant thereto, may
be subject to an administrative penalty.
2. The maximum administrative penalty shall not exceed Ten
Thousand Dollars ($10,000.00).
3. Administrative penalties imposed pursuant to this subsection
shall be enforceable in the district courts of this state.
4. All administrative penalties collected shall be deposited
into the Licensed Behavioral Practitioner Revolving Fund.
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SECTION 43. AMENDATORY 59 O.S. 2021, Section 1944, is
amended to read as follows:
Section 1944. All licensed behavioral practitioners, except
those employed by federal, state, or local governmental agencies,
shall, prior to the performance of service, furnish the client with
a copy of the Statement of Professional Disclosure as promulgated by
rule of the State Board of Behavioral Health Licensure Oklahoma
Department of Mental Health and Substance Abuse Services. A current
copy of the document shall be on file with the Board Department at
all times.
SECTION 44. AMENDATORY 59 O.S. 2021, Section 1945, is
amended to read as follows:
Section 1945. A. A professional specialty designation area may
be established by the State Board of Behavioral Health Licensure
Oklahoma Department of Mental Health and Substance Abuse Services
upon receipt of a petition signed by fifteen qualified persons who
are currently licensed as licensed behavioral practitioners, who
have acquired at least sixty (60) semester hours, to increase to
seventy-five (75) semester hours on and after January 1, 2008, of
graduate credit in behavioral science or psychology-related course
work from a regionally accredited college or university, and who
meet the recognized minimum standards as established by appropriate
nationally recognized certification agencies; provided, however, if
a nationally recognized certification does not exist, the Board
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Department may establish minimum standards for specialty
designations.
B. Upon receipt of credentials from the appropriate
certification agency, the Board Department may grant the licensed
behavioral practitioner the appropriate specialty designation. The
licensed behavioral practitioner may attain specialty designation
through examination. A licensed behavioral practitioner shall not
claim or advertise a behavioral health specialty and shall not
incorporate the specialty designation into the professional title of
such licensed behavioral practitioner unless the qualifications and
certification requirements of that specialty have been met and have
been approved by the Board Department and the appropriate
certification agency.
SECTION 45. AMENDATORY 59 O.S. 2021, Section 1946, is
amended to read as follows:
Section 1946. There is hereby created in the State Treasury a
revolving fund for the State Board of Behavioral Health Licensure
Oklahoma Department of Mental Health and Substance Abuse Services,
to be designated the "Licensed Behavioral Practitioners Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received pursuant
to this act. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the
Executive Director Commissioner to meet expenses necessary for
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carrying out the purpose of the Licensed Behavioral Practitioner
Act. Expenditures from the fund shall be approved by the Board
Department and shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 46. AMENDATORY 59 O.S. 2021, Section 1947, is
amended to read as follows:
Section 1947. A. Licensing fees and annual renewal fees shall
be amounts fixed by the State Board of Behavioral Health Licensure
Oklahoma Department of Mental Health and Substance Abuse Services.
The Board Department shall fix the amount of the fees so that the
total fees collected will be sufficient to meet the expenses of
administering the provisions of the Licensed Behavioral Practitioner
Act and so that excess funds do not accumulate from year to year in
the Licensed Behavioral Practitioners Revolving Fund.
B. 1. The Board Department shall not fix a license fee at an
amount in excess of Three Hundred Dollars ($300.00) and a renewal
fee at an amount in excess of Two Hundred Dollars ($200.00).
2. The fee for the issuance of a license to replace a license
which was lost, destroyed, or mutilated shall be Twenty-five Dollars
($25.00).
3. The fee shall accompany the application for a replacement
license.
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4. The fee for specialty designation shall not exceed One
Hundred Fifty Dollars ($150.00).
5. The fee for an examination required pursuant to the Licensed
Behavioral Practitioner Act shall not exceed the actual costs
incurred by the Department for holding and grading examinations.
SECTION 47. AMENDATORY 59 O.S. 2021, Section 1948, is
amended to read as follows:
Section 1948. All licensed behavioral practitioners licensed
pursuant to the Licensed Behavioral Practitioner Act shall be
required to satisfactorily complete ten (10) hours of continuing
education credits annually. The State Board of Behavioral Health
Licensure Oklahoma Department of Mental Health and Substance Abuse
Services shall provide forms and require verification of such
credits. Such credits shall be earned from courses on empirically
validated procedures, taught by instructors certified by the
American Association of Masters in Psychology, its designees or
successors.
SECTION 48. AMENDATORY 59 O.S. 2021, Section 1949, is
amended to read as follows:
Section 1949. A. Until January 1, 2002, the State Board of
Behavioral Health Licensure Oklahoma Department of Mental Health and
Substance Abuse Services, upon receipt of an applicant's proper
application, completion of examination, and payment of fees, shall
issue licenses to persons who, prior to January 1, 2002:
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1. Have practiced full time as a behavioral practitioner for at
least two (2) years and possess a master's degree from a program in
psychology from a college or university accredited by an agency
recognized by the United States Department of Education;
2. Are currently practicing as a behavioral practitioner;
3. Have satisfactorily completed ten (10) hours of continuing
education pursuant to Section 1948 of this title; and
4. Otherwise comply with the licensure requirements of the
Licensed Behavioral Practitioner Act.
B. The Board Department shall consider experience of the
applicant prior to application for licensure pursuant to the
provisions of this section as a waiver of all or part of the
supervised experience requirement required by paragraph 3 of
subsection C of Section 1935 of this title.
C. The Board Department shall require applicants for licensure
pursuant to the provisions of this section to file a Statement of
Professional Disclosure as provided by Section 1944 of this title.
SECTION 49. AMENDATORY 63 O.S. 2021, Section 1-2506.1,
as amended by Section 1, Chapter 45, O.S.L. 2024 (63 O.S. Supp.
2025, Section 1-2506.1), is amended to read as follows:
Section 1-2506.1. A. As used in this section:
1. "Certified alcohol and drug counselor" means any person who
is not exempt pursuant to the provisions of Section 1872 of Title 59
of the Oklahoma Statutes and is not licensed under the Licensed
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Alcohol and Drug Counselors Act, but who provides alcohol and drug
counseling services within the scope of practice while employed by
an entity certified by the Department of Mental Health and Substance
Abuse Services, or who is exempt from such certification, or who is
under the supervision of a person recognized by the Oklahoma Board
of Licensed Alcohol and Drug Counselors Department of Mental Health
and Substance Abuse Services as a supervisor. A certified alcohol
and drug counselor may provide counseling services for co-occurring
disorders if he or she has been certified by the Board Department to
provide counseling as provided in this section for co-occurring
disorders;
2. "Emergency opioid antagonist" means a drug including, but
not limited to, naloxone that blocks the effects of opioids and that
is approved by the United States Food and Drug Administration for
the treatment of an opioid overdose;
3. "Licensed alcohol and drug counselor" means any person who
provides alcohol and drug counseling services within the scope of
practice, including co-occurring disorders, for compensation to any
person and is licensed pursuant to the provisions of the Licensed
Alcohol and Drug Counselors Act. The term licensed alcohol and drug
counselor shall not include those professions exempted by Section
1872 of Title 59 of the Oklahoma Statutes; and
4. "Medical personnel at schools" means a certified school
nurse or any other nurse employed by or under contract with a
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school, any licensed practitioner of the healing arts, or any person
designated by the school administration to administer an emergency
opioid antagonist in the event of a suspected overdose pursuant to
Section 1210.242 of Title 70 of the Oklahoma Statutes.
B. First responders shall have the authority to administer,
without prescription, emergency opioid antagonists when encountering
an individual exhibiting signs of an opioid overdose.
C. First responders may provide, without prescription,
emergency opioid antagonists to individuals who have experienced or
witnessed an opioid overdose for use by those individuals at a later
date.
D. For the purposes of this section, a first responder shall
include:
1. Law enforcement officials;
2. Emergency medical technicians;
3. Firefighters;
4. Medical personnel at schools including any public or charter
schools, technology center schools and institutions of higher
education;
5. Forensic laboratory personnel of the Oklahoma State Bureau
of Investigation as designated by the Director;
6. Personnel of the Department of Corrections or of any entity
that contracts with the Department of Corrections to provide housing
or services for inmates of the Department of Corrections; and
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7. Certified alcohol and drug counselors and licensed alcohol
and drug counselors.
E. Any first responder who administers or provides an emergency
opioid antagonist in good faith and in a manner consistent with
addressing opioid overdose shall not be liable for any civil damages
as a result of any acts or omissions by such first responder except
for committing gross negligence or willful wanton wrongs in
administering or providing such emergency opioid antagonist.
SECTION 50. REPEALER 59 O.S. 2021, Section 1873, as last
amended by Section 1, Chapter 266, O.S.L. 2025 (59 O.S. Supp. 2025,
Section 1873), is hereby repealed.
SECTION 51. REPEALER 59 O.S. 2021, Section 1873, as last
amended by Section 1, Chapter 235, O.S.L. 2025 (59 O.S. Supp. 2025,
Section 1873), is hereby repealed.
SECTION 52. REPEALER 59 O.S. 2021, Section 1874, is
hereby repealed.
SECTION 53. REPEALER 59 O.S. 2021, Section 6001, as last
amended by Section 1, Chapter 89, O.S.L. 2023 (59 O.S. Supp. 2025,
Section 6001), is hereby repealed.
SECTION 54. This act shall become effective November 1, 2026.
60-2-14261 TJ 01/07/26