ENROLLED HOUSE
BILL NO. 1069	By:	Tibbs, Shelton and Pittman of the House

				and

		Paddack and Johnson (Constance) of the Senate

An Act relating to professions and occupations; amending Section 7, Chapter 313, O.S.L. 2004, as last amended by Section 3, Chapter 400, O.S.L. 2008 and 59 O.S. 2001, Sections 1912, 1925.15 and 1941 (59 O.S. Supp. 2008, Section 1876), which relate to the Licensed Alcohol and Drug Counselors Act, Licensed Professional Counselors Act, Marital and Family Therapist Licensure Act and Licensed Behavioral Practitioner Act; modifying date for applicants to be licensed as a certain counselor; modifying disciplinary procedures for certain licensed persons; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     Section 7, Chapter 313, O.S.L. 2004, as last amended by Section 3, Chapter 400, O.S.L. 2008 (59 O.S. Supp. 2008, Section 1876), is amended to read as follows:

Section 1876.  A.  Unless exempt pursuant to Section 1872 of this title, on and after January 1, 2005, 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 in writing.  Such application shall be on a form and in a manner prescribed by the Board.  The application shall be accompanied by the fee required by the Licensed Alcohol and Drug Counselors Act, which shall be retained by the Board 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.  Be possessed of good moral character;

2.  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 to have similar standards equal to or higher than the International Certification and Reciprocity Consortium;

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

5.  Otherwise comply with the rules promulgated by the Board pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act.

D.  Except as otherwise provided by subsections E and G of this section, on and after January 1, 2005, 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 have:

1.  At a minimum, a master's degree in a behavioral science field that is recognized by the Oklahoma Board of Licensed Alcohol and Drug Counselors as appropriate to practice as a licensed alcohol and drug counselor;

2.  Successfully completed at least one (1) year of full-time supervised work experience.  For the purpose of the Licensed Alcohol and Drug Counselors Act, "one (1) year of full-time work experience" shall be defined as two thousand (2,000) hours of work experience, of which at least one thousand (1,000) hours shall consist of providing alcohol and drug counseling services to an individual and/or the individual's family;

3.  Successfully completed at least one hundred eighty (180) clock hours of education related to alcohol and drug counseling subjects, theory, practice or research; and

4.  Successfully completed at least three hundred (300) hours of supervised practicum experience in the field of drug and alcohol counseling.

E.  Effective January 1, 2010 2012, an applicant for a license to practice as a licensed alcohol and drug counselor shall have:

1.  At least a master's degree in alcohol and substance abuse counseling that includes, at a minimum, the knowledge areas and graduate credit hours described in paragraph 2 of this subsection from a college or university accredited by an agency recognized by the United States Department of Education; or

2.	a.	Possess at least a master's degree in a behavioral science or counseling-related field from a college or university accredited by an agency recognized by the United States Department of Education which is the content-equivalent of a graduate degree in alcohol and substance abuse counseling.  In order to qualify as a "content-equivalent" degree, a graduate transcript shall reflect, at a minimum, the following knowledge areas and graduate hours:

(1)	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 of abuse,

(2)	three courses in assessment and treatment of alcohol and drug problems, which may include group dynamics, individual and family counseling skills, specific counseling approaches, assessment methods, community resources and referral, or other courses primarily related to the assessment and treatment of alcohol and drug problems,

(3)	one course in human development,

(4)	one course in psychopathology,

(5)	one course in multicultural and cultural competency issues,

(6)	one course in family systems theory,

(7)	one course in addiction in the family theory,

(8)	one course in addiction in the family counseling,

(9)	one course in ethics, which includes established ethical conduct for alcohol and drug counselors,

(10)	one course in research methods, and

(11)	one three-hour practicum/internship in the field of drug and alcohol counseling of at least three hundred (300) clock hours.

b.	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.

Licensed alcohol and drug counselors shall demonstrate, at a minimum, the following specific training that includes, but is not limited to:

a.	specific training for and experience in performing mental health therapeutic, diagnostic or counseling functions,

b.	specific training for and experience in screening, identifying, assessing, and providing properly matched interventions to individuals with co-occurring disorders, and

c.	specific training for and experience in a wide range of diagnostic, therapeutic, and rehabilitative services used in the treatment of mental illness and co-occurring disorders, or

d.	in lieu of such training, be a licensed mental health professional as defined by Section 1-103 of this title.

F.  Effective January 1, 2005, except as provided in subsection G 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 and Drug Counselors 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 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.

G.  1.  Subject to application to the Board, prior to November 1, 2005, any person practicing in the State of Oklahoma at the time of application and holding a certificate in alcohol and drug counseling from any state or nationally recognized certifying body or agency recognized by the Board and issued on or before December 31, 2004, shall be granted a certificate under the Licensed Alcohol and Drug Counselors Act.

2.  Subject to application to the Board, prior to November 1, 2005, any person practicing in the State of Oklahoma at the time of application and holding a certificate in alcohol and drug counseling from any state or nationally recognized certifying body or agency recognized by the Board and issued on or before December 31, 2004, and a master's degree, as provided in paragraph 1 of subsection D of this section, shall be granted a license under this act.

H.  On and after January 1, 2009, any certified alcohol and drug counselor wishing to be certified for co-occurring disorders in this state may obtain such certification pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act.

I.  An application by a certified alcohol and drug counselor for certification for co-occurring disorders shall be made to the Oklahoma Board of Licensed Alcohol and Drug Counselors in writing.  Such application shall be on a form and in a manner prescribed by the Board.  The application shall be accompanied by the fee required by Section 1884 of this title, which shall be retained by the Board and not returned to the applicant.

J.  Each applicant for certification for co-occurring disorders shall:

1.  Be possessed of good moral character;

2.  Be a certified alcohol and drug counselor in good standing with the Board;

3.  Meet the requirements promulgated by the Board to establish the applicant's competency to include treatment of co-occurring disorders within his or her scope of practice;

4.  Be at least twenty-one (21) years of age;

5.  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

6.  Otherwise comply with the rules promulgated by the Board pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act.

SECTION 2.     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 3.     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 4.     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 5.  This act shall become effective November 1, 2009.

Passed the House of Representatives the 13th day of May, 2009.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 14th day of May, 2009.

	
Presiding Officer of the Senate