ENGROSSED HOUSE
BILL NO. 1069	By:	Tibbs and Shelton of the House

			    and

		Paddack of the Senate

( professions and occupations - amending 59 O.S., Sections 1912, 1925.15 and 1941 - modifying disciplinary procedures - 		effective date )

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2001, Section 1912, is amended to read as follows:
Section 1912.  A.  The State Department of Health 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;
2.  Been convicted of a misdemeanor determined to be of such a nature as to render the person convicted unfit to practice counseling;
3.  Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of this act;
4.  Knowingly aided or abetted a person not licensed pursuant to these provisions in representing himself as a licensed professional counselor in this state;
5.  Engaged in unprofessional conduct as defined by the rules established by the Board;
6.  Engaged in negligence or wrongful actions in the performance of his duties; or
7.  Misrepresented any information required in obtaining a license.
B.  If the Department determines that a felony conviction of an applicant renders the convicted applicant unfit to practice counseling, the Commissioner 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 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.
SECTION 2.     AMENDATORY     59 O.S. 2001, Section 1925.15, is amended to read as follows:
Section 1925.15  A.  The State Department of Health 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;
2.  Been convicted of a crime the Commissioner determines after a hearing to be of such a nature as to render the person convicted unfit to practice marital and family therapy;
3.  Violated ethical standards of such a nature as to render the person found by the Commissioner to have engaged in such violation unfit to practice marital and family therapy;
4.  Misrepresented any information required in obtaining a license;
5.  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;
6.  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;
7.  Engaged in unprofessional conduct as defined by the rules promulgated by the State Board of Health; or
8.  Engaged in negligence or wrongful actions in the performance of the duties of such person.
B.  If the Department determines that a felony conviction of an applicant renders the convicted applicant unfit to practice counseling, the Commissioner 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 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.
C. D.  Any person who is determined by the Department to have violated any of the provisions of the Marital and Family Therapist 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.
SECTION 3.     AMENDATORY     59 O.S. 2001, Section 1941, is amended to read as follows:
Section 1941.  A.  The State Department of Health 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;
2.  Been convicted of a misdemeanor determined to be of such a nature as to render the person convicted unfit to practice behavioral health;
3.  Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of this act;
4.  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;
5.  Engaged in unprofessional conduct as defined by the rules established by the State Board of Health;
6.  Engaged in negligence or wrongful actions in the performance of the licensee’s duties; or
7.  Misrepresented any information required in obtaining a license.
B.  If the Department determines that a felony conviction of an applicant renders the convicted applicant unfit to practice counseling, the Commissioner 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 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.
SECTION 4.  This act shall become effective November 1, 2009.
Passed the House of Representatives the 26th day of February, 2009.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2009.

	
Presiding Officer of the Senate