ENGROSSED HOUSE
BILL NO. 2366	By:	Billy, Sherrer, Denney and Tibbs of the House

			   and

		Coates of the Senate

( professions and occupations – amending 16 sections in Title 59 – examination – licensure - appeal procedure for denial - effective date – 		emergency )

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY      59 O.S. 2011, Section 46.14, is amended to read as follows:
Section 46.14  A.  The Board of Governors of the Licensed Architects, Landscape Architects and Registered Interior Designers of Oklahoma shall have power to suspend, to revoke or refuse to renew a license, registration, certificate of authority or certificate of title issued by it, pursuant to the provisions of the State Architectural and Registered Interior Designers Act, when the holder thereof:
1.  Shall have been convicted of a felony crime that substantially relates to the practice of architecture, landscape architecture, or interior design or poses a reasonable threat to public safety;
2.  Shall have been guilty of fraud or misrepresentation in the person's application of the person, whether seeking a contract to provide services or for an examination or for a license or registration without examination, or of fraud in the examination or applying for or renewing a certificate of authority or certificate of title, license or registration;
3.  Shall have been guilty of gross incompetence or recklessness in the practice of architecture relating to the construction of buildings or structures, or of dishonest practices;
4.  Shall have been guilty of gross incompetence or recklessness in the practice of landscape interior design, or of dishonest practices;
5.  Shall have been guilty of gross incompetence or recklessness in the practice of landscape architecture, or of dishonest practices;
5. 6.  Presents the registration of another as his or her own;
6. 7.  Gives false or forged evidence to the Board;
7. 8.  Conceals information relative to any violation of this act or rules promulgated under this act; and
8. 9.  Shall have been found to be guilty of a violation of a provision of the State Architectural and Registered Interior Designers Act or the rules of the Board; provided, that a person or entity complained of:
a.	shall first have been served notice in the same manner as provided by law in other civil actions of the charges filed against the person or entity and of the time, place, and nature of the hearing before the Board, and
b.	shall have the right to be represented by counsel and an opportunity to respond and present evidence and argument on all issues involved, by the introduction of evidence and by the examination and cross-examination of witnesses, and to compel the attendance of witnesses and the production of books and papers.  Pursuant to the foregoing, the Board shall have the power of a court of record, including the power to issue subpoena and to compel the attendance and testimony of witnesses.  Each member of the Board shall have the power to administer oaths and to issue subpoena.  Whenever any person who shall have been subpoenaed to appear to give testimony, or to answer any pertinent or proper question, or to produce books, papers or documents which shall have been designated in a subpoena, either on behalf of the prosecution or on behalf of the accused, shall refuse to appear to testify before the Board, or to answer any pertinent or proper questions, or to produce a book, paper or document which shall have been designated in a subpoena, the person shall be deemed to be in contempt of the Board, and it shall be the duty of the presiding officer of the Board, to report the fact to the district court of the State of Oklahoma in and for the county in which such person may be or may reside whereupon the court shall issue an attachment in the usual form, directed to the sheriff of the county, which shall command the sheriff to attach such person and forthwith bring the person before the court.  On the return of the attachment duly served upon the accused, or upon the production of the person attached, the district court shall have jurisdiction of the matter.  The person charged may purge himself or herself of the contempt in the same way and the same proceedings shall be had, and the same penalties may be imposed, as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a district court of the State of Oklahoma.  Depositions may be taken and used in the same manner as in civil cases.  The Board shall keep a record of the evidence in, and a record of each proceeding based on cause for the denial, suspension, revocation of or refusal to renew a license or, registration, certificate of authority or certificate of title and shall make findings of fact and render a decision therein.  If, after a hearing, the charges shall have been found to have been sustained by the vote of a majority of the members of the Board it shall immediately enter its order of suspension, revocation or refusal to renew, as the case may be.
B.  As used in paragraph 1 of subsection A of 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 with others in the occupation.
SECTION 2.     AMENDATORY     59 O.S. 2011, Section 144, is amended to read as follows:
Section 144.  A.  The fee for examination for a license to practice podiatric medicine in this state shall be One Hundred Dollars ($100.00).  The Board of Podiatric Medical Examiners may increase this fee by not more than an additional Two Hundred Dollars ($200.00).  The examination for such license shall be given by the Board.  The Board may give the examination at any special meeting, but shall not be required to do so.
B.  To be entitled to take the examination, a person shall:
1.  File a written application on a form prescribed by the Board;
2.  Pay to the secretary‑treasurer of the Board in advance the fee for examination;
3.  Satisfy the Board that the person is loyal to the United States of America;
4.  Be more than twenty-one (21) years of age;
5.  Be of good moral character;
6.  Not have been finally convicted of any crime involving moral turpitude or of any felony crime that substantially relates to the practice of podiatric medicine or poses a reasonable threat to public safety;
7.  Be free from contagious or infectious disease;
8.  Be a graduate of an accredited college of podiatric medicine; and
9.  Have complied with applicable Board rules.
C.  An applicant satisfying the requirements of subsection B of this section shall receive a license to practice podiatric medicine in this state, to be issued by the Board, if the applicant:
1.  Takes the examination administered by the Board and receives a passing score of at least seventy-five percent (75%) on both the written and oral portions.  An applicant receiving less than a score of seventy-five percent (75%) on either the written or oral portion of the examination shall be deemed to have failed the entire examination;
2.  Satisfactorily completes a podiatric surgical residency, approved by the Council of Podiatric Medical Education of the American Podiatric Medical Association, of not less than three hundred sixty-five (365) days; and
3.  Satisfies the Board that the applicant has not violated any of the provisions of the Podiatric Medicine Practice Act or any of the rules of the Board; and
4.  Satisfies the Board, in the case of any criminal conviction, that the crime does not substantially relate to the practice of podiatric medicine nor pose a reasonable threat to public safety, nor constitute an act of moral turpitude that would affect the practice of podiatric medicine or public safety.  For purposes of this paragraph:
a.	“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
b.	“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 with others in the occupation.
D.  The examination administered by the Board shall include both a written and an oral portion, shall be administered in the English language, and shall cover areas in anatomy, pathology, podiatric medicine and surgery, dermatology, pharmacology, biomechanics, anesthesia, radiology, Oklahoma law relating to podiatric medicine, and such other subjects as the Board from time to time determines necessary and appropriate.  The Board may authorize examination papers to be graded by one or more of its own members or by any one or more licensed podiatric physicians selected by the Board.  Each license issued by the Board shall be signed by each member of the Board, bear the seal of the Board, and designate the licensee as a licensed podiatric physician.
E.  The Board may issue a temporary license if the applicant:
1.  Has met the requirements of subsection B of this section;
2.  Takes the examination administered by the Board and receives a passing score of at least seventy-five percent (75%) on both the written and oral portions.  An applicant receiving less than a score of seventy-five percent (75%) on either the written or oral portion of the examination shall be deemed to have failed the entire examination;
3.  Is within ninety (90) days of completing a podiatric surgical residency, approved by the Council of Podiatric Medical Education of the American Podiatric Medical Association, of not less than three hundred sixty-five (365) days; and
4.  Satisfies the Board that the applicant has not violated any of the provisions of the Podiatric Medicine Practice Act or any of the rules of the Board.
SECTION 3.     AMENDATORY       59 O.S. 2011, Section 148, is amended to read as follows:
Section 148.  A.  The following acts or occurrences by a podiatric physician shall constitute grounds for which the penalties specified in Section 147 of this title may be imposed by order of the Board of Podiatric Medical Examiners:
1.  Willfully making a false and material statement to the Board, either before or after the issuance of a license;
2.  Pleading guilty or nolo contendere to, or being convicted of, a felony crime that substantially relates to the practice of podiatric medicine or poses a reasonable threat to public safety, or a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws;
3.  Using alcohol, any drug, or any other substance which  impairs the licensee to a degree that the licensee is unable to practice podiatric medicine with safety and benefit to the public;
4.  Being mentally or physically incapacitated to a degree that the licensee is unable to practice podiatric medicine with safety and benefit to the public;
5.  Making any advertisement, statement, or representation which is untrue or improbable and calculated by the licensee to deceive, defraud or mislead the public or patients;
6.  Practicing fraud by omission or commission in the examination given by the Board, or in obtaining a license, or in obtaining renewal or reinstatement of a license;
7.  Failing to pay or cause to be paid promptly when due any fee required by the Podiatric Medicine Practice Act or the rules of the Board;
8.  Practicing podiatric medicine in an unsafe or unsanitary manner or place;
9.  Performing, or attempting to perform, any surgery for which the licensee has not had reasonable training;
10. Gross and willful neglect of duty as a member or officer of the Board;
11.  Dividing with any person, firm, corporation, or other legal entity any fee or other compensation for services as a podiatric physician, except with:
a.	another podiatric physician,
b.	an applicant for a license who is observing or assisting the licensee as an intern, preceptee or resident, as authorized by the rules of the Board, or
c.	a practitioner of another branch of the healing arts who is duly licensed under the laws of this state or  another state, district or territory of the United States,
who has actually provided services, directly or indirectly, to the patient from or for whom the fee or other compensation is received, or at the time of the services is an active associate of the licensee in the lawful practice of podiatric medicine in this state; and
12.  Violating or attempting to violate the provisions of the Podiatric Medicine Practice Act, the Code of Ethics, or the rules of the Board.
B.  Commitment of a licensee to an institution for the mentally ill shall constitute prima facie evidence that the licensee is mentally incapacitated to a degree that the licensee is unable to practice podiatric medicine with safety and benefit to the public.
C.  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 with others in the occupation.
SECTION 4.     AMENDATORY       59 O.S. 2011, Section 199.11, is amended to read as follows:
Section 199.11  A.  The State Board of Cosmetology is hereby authorized to deny, revoke, suspend, or refuse to renew any license, certificate, or registration that it is authorized to issue under the Oklahoma Cosmetology Act for any of the following causes:
1.  Conviction of a felony as shown by a certified copy of the record of the court crime that substantially relates to the practice of cosmetology or poses a reasonable threat to public safety;
2.  Gross malpractice or gross incompetence;
3.  Fraud practiced in obtaining a license or registration;
4.  A license or certificate holder's continuing to practice while afflicted with an infectious, contagious, or communicable disease;
5.  Habitual drunkenness or addiction to use of habit forming drugs;
6.  Advertising by means of statements known to be false or deceptive;
7.  Continued or flagrant violation of any rules of the Board, or continued practice by an operator in a cosmetology salon wherein violations of the rules of the Board are being committed within the knowledge of the operator;
8.  Failure to display license or certificate as required by the Oklahoma Cosmetology Act;
9.  Continued practice of cosmetology after expiration of a license therefor;
10.  Employment by a salon owner or manager of any person to perform any of the practices of cosmetology who is not duly licensed to perform the services; or
11.  Practicing cosmetology in an immoral or unprofessional manner.
B.  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 with others in the occupation.
SECTION 5.     AMENDATORY      59 O.S. 2011, Section 396.12c, is amended to read as follows:
Section 396.12c  A.  After notice and hearing pursuant to Article II of the Administrative Procedures Act, the Oklahoma Funeral Board may refuse to issue or renew, or may revoke or suspend, any license or registration for any one or combination of the following:
1.  Conviction of a felony shown by a certified copy of the record of the court of conviction crime that substantially relates to the occupation of a funeral director or poses a reasonable threat to public safety;
2.  Conviction of a misdemeanor involving funeral services;
3.  Gross malpractice or gross incompetency, which shall be determined by the Board;
4.  False or misleading advertising as a funeral director or embalmer;
5.  Violation of any of the provisions of the Funeral Services Licensing Act or any violation of Sections 201 through 231 of Title 8 of the Oklahoma Statutes;
6.  Fraud or misrepresentation in obtaining a license;
7.  Using any casket or part thereof which has previously been used as a receptacle for, or in connection with, the burial or other disposition of dead human remains, unless the disclosure is made to the purchaser;
8.  Violation of any rules of the Board in administering the purposes of the Funeral Services Licensing Act;
9.  Use of intoxicating liquor sufficient to produce drunkenness in public, or habitual addiction to the use of habit-forming drugs or either;
10.  Solicitation of business, either personally or by an agent, from a dying individual or the relatives of either a dead individual or individual with a terminal condition, as defined by the Oklahoma Rights of the Terminally Ill or Persistently Unconscious Advance Directive Act, other than through general advertising;
11.  Refusing to properly release a dead human body to the custody of the person entitled to custody;
12.  Violating applicable state laws relating to the failure to file a death certificate, cremation permit, or prearrangement or prefinancing of a funeral;
13.  Failing to obtain other necessary permits as required by law in a timely manner;
14.  Failing to comply with the Funeral Rules of the Federal Trade Commission, 15 U.S.C., Section 57a(a);
15.  Failing to comply with any applicable provisions of the Funeral Services Licensing Act at the time of issuance or renewal;
16.  Improper issuance or renewal of a license or registration;
17.  Violating the provisions of subsection B of Section 396.12 of this title regarding advertisement of services at locations not licensed by the Board;
18.  The abuse of a corpse whereby a person knowingly and willfully signs a certificate as having embalmed, cremated, or prepared a dead human body for disposition when, in fact, the services were not performed as indicated;
19.  Simultaneous cremating of more than one human dead body without express written approval of the authorizing agent; or
20.  Cremating human remains without the permit required by Section 1-329.1 of Title 63 of the Oklahoma Statutes.
B.  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 with others in the occupation.
SECTION 6.     AMENDATORY      59 O.S. 2011, Section 475.18, is amended to read as follows:
Section 475.18  A.  The State Board of Licensure for Professional Engineers and Land Surveyors shall have the power to suspend, revoke or refuse to issue, restore or renew a certificate of authorization for a firm, or a certificate of licensure of, or place on probation, fine or reprimand any firm, professional engineer, professional land surveyor or engineer intern or land surveyor intern, after notice and hearing as provided by the Administrative Procedures Act, who is found guilty of:
1.  The practice of any fraud or deceit in obtaining or attempting to obtain or renew a certificate of licensure, or a certificate of authorization or in taking the examinations administered by the Board;
2.  Any fraud, misrepresentation, gross negligence, incompetence, misconduct or dishonest practice, in the practice of engineering or land surveying;
3.  Conviction of or entry of a plea of nolo contendere to any crime under the laws of the United States, or any state or territory thereof, which is a felony, whether related crime that substantially relates to the practice or not of engineering or land surveying or poses a reasonable threat to public safety; and or conviction of or entry of a plea of nolo contendere to any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or which is related to is a violation of the practice of engineering or land surveying;
4.  Failure to comply with any of the provisions of Section 475.1 et seq. of this title or any of the rules or regulations pertaining thereto;
5.  Violation of the laws or rules of another state, territory, the District of Columbia, a foreign country, the United States government, or any other governmental agency, if at least one of the violations is the same or substantially equivalent to those contained in this section;
6.  Failure, within thirty (30) days, to provide information requested by the Board as a result of a formal or informal complaint to the Board which would indicate a violation of Section 475.1 et seq. of this title;
7.  Knowingly making false statements or signing false statements, certificates or affidavits;
8.  Aiding or assisting another person or entity in violating any provision of Section 475.1 et seq. of this title or the rules or regulations pertaining thereto;
9.  Violation of any terms of probation or suspension imposed by the Board, or using a seal or practicing engineering or land surveying while the professional engineer's license or land surveyor's license is suspended, revoked, nonrenewed or inactive;
10.  Signing, affixing the professional engineer's or land surveyor's seal, or permitting the professional engineer's or land surveyor's seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, calculations, other documents, or revisions thereof, which have not been prepared by, or under the direct control and personal supervision of the professional engineer or land surveyor in responsible charge;
11.  Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public;
12.  Providing false testimony or information to the Board;
13.  Habitual intoxication or addiction to the use of alcohol or to the illegal use of a controlled dangerous substance;
14.  Performing engineering or surveying services outside any of the licensee’s areas of competence;
15.  Violating the Oklahoma Minimum Standards for the Practice of Land Surveying; and
16.  Nonpayment of fees when due, or nonpayment for a period longer than ninety (90) days after the due date for payment of costs, or administrative penalties assessed by the Board shall result in revocation of the certificate of authorization or certificate of licensure.
B.  The Board shall prepare and adopt Rules of Professional Conduct for Professional Engineers and Land Surveyors as provided for in Section 475.8 of this title, which shall be made available in writing to every licensee and applicant for licensure under Section 475.1 et seq. of this title.  The Board may revise and amend these Rules of Professional Conduct for Professional Engineers and Land Surveyors from time to time and shall notify each licensee, in writing, of such revisions or amendments.
C.  The Board shall have the power to:
1.  Revoke a certificate of authorization;
2.  Suspend a certificate of authorization for a period of time, not exceeding two (2) years, of any firm of which one or more of its officers or directors have been guilty of any conduct which would authorize a revocation or suspension of their certificates of licensure under the provisions of this section;
3.  Place a licensee on probation for a period of time and subject to such conditions as the Board may specify; or
4.  Levy an administrative penalty.
D.  Principals of a firm who do not obtain a certificate or authorization as required by Section 475.1 et seq. of this title may be subject to disciplinary action of individual licensure.
E.  An applicant whose application for license or certificate is denied, revoked, suspended, or not renewed may appeal the decision to the district court pursuant to the Administrative Procedures Act.
F.  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 with others in the occupation.
SECTION 7.     AMENDATORY      59 O.S. 2011, Section 532, is amended to read as follows:
Section 532.  A.  The State Board of Medical Licensure and Supervision may refuse to issue a license to an applicant or may suspend or revoke the license of any licensee athletic trainer or apprentice if he or she has:
1.  Been convicted of a felony crime that substantially relates to the occupation of athletic trainers or poses a reasonable threat to public safety or a misdemeanor involving moral turpitude;
2.  Secured the license by fraud or deceit; or
3.  Violated or conspired to violate the provisions of this act the Oklahoma Athletic Trainers Act or rules and regulations issued pursuant to this act.
B.  Procedures for denial, suspension or revocation of a license shall be governed by the Administrative Procedures Act.
C.  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 with others in the occupation.
SECTION 8.     AMENDATORY      59 O.S. 2011, Section 858-723, is amended to read as follows:
Section 858-723.  A.  The Real Estate Appraiser Board, after notice and opportunity for a hearing, pursuant to Article II of the Administrative Procedures Act, may issue an order imposing one or more of the following penalties whenever the Board finds, by clear and convincing evidence, that a certificate holder has violated any provision of the Oklahoma Certified Real Estate Appraisers Act, or rules promulgated pursuant thereto:
1.  Revocation of the certificate with or without the right to reapply;
2.  Suspension of the certificate for a period not to exceed five (5) years;
3.  Probation, for a period of time and under such terms and conditions as deemed appropriate by the Board;
4.  Stipulations, limitations, restrictions, and conditions relating to practice;
5.  Censure, including specific redress, if appropriate;
6.  Reprimand, either public or private;
7.  Satisfactory completion of an educational program or programs;
8.  Administrative fines as authorized by the Oklahoma Certified Real Estate Appraisers Act; and
9.  Payment of costs expended by the Board for any legal fees and costs and probation and monitoring fees including, but not limited to, administrative costs, witness fees and attorney fees.
B.  1.  Any administrative fine imposed as a result of a violation of the Oklahoma Certified Real Estate Appraisers Act or the rules of the Board promulgated pursuant thereto shall not:
a.	be less than Fifty Dollars ($50.00) and shall not exceed Two Thousand Dollars ($2,000.00) for each violation of this act or the rules of the Board, or
b.	exceed Five Thousand Dollars ($5,000.00) for all violations resulting from a single incident or transaction.
2.  All administrative fines shall be paid within thirty (30) days of notification of the certificate holder by the Board of the order of the Board imposing the administrative fine, unless the certificate holder has entered into an agreement with the Board extending the period for payment.
3.  The certificate may be suspended until any fine imposed upon the licensee by the Board is paid.
4.  Unless the certificate holder has entered into an agreement with the Board extending the period for payment, if fines are not paid in full by the licensee within thirty (30) days of the notification by the Board of the order, the fines shall double and the certificate holder shall have an additional thirty-day period.  If the double fine is not paid within the additional thirty-day period, the certificate shall automatically be revoked. 
5.  All monies received by the Board as a result of the imposition of the administrative fine provided for in this section shall be deposited in the Oklahoma Certified Real Estate Appraisers Revolving Fund created pursuant to Section 858-730 of this title.
C.  The rights of any holder under a certificate as a trainee, state licensed, state certified residential or state certified general real estate appraiser may be revoked or suspended, or the holder of the certificate may be otherwise disciplined pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act, upon any of the grounds set forth in this section.
D.  The Board may investigate the actions of a trainee, state licensed, state certified residential or state certified general real estate appraiser, and may revoke or suspend the rights of a certificate holder or otherwise discipline a trainee, state licensed, state certified residential or state certified general real estate appraiser for any of the following acts or omissions:
1.  Procuring or attempting to procure a certificate pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act by knowingly making a false statement, knowingly submitting false information, refusing to provide complete information in response to a question in an application for certification or through any form of fraud or misrepresentation;
2.  Failing to meet the minimum qualifications established pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act;
3.  Paying money other than provided for by the Oklahoma Certified Real Estate Appraisers Act to any member or employee of the Board to procure a certificate pursuant to the Oklahoma Certified Real Estate Appraisers Act;
4.  A conviction, including a conviction based upon a plea of guilty or nolo contendere, of a felony which is crime that substantially related relates to the qualifications, functions, and duties of a person developing practice of real estate appraisals and communicating real estate appraisals to others or poses a reasonable threat to public safety;
5.  An act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the certificate holder or another person or with the intent to substantially injure another person;
6.  Violation of any of the standards for the development or communication of real estate appraisals as provided in the Oklahoma Certified Real Estate Appraisers Act;
7.  Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report or communicating an appraisal;
8.  Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
9.  Willfully disregarding or violating any of the provisions of the Oklahoma Certified Real Estate Appraisers Act or the regulations of the Board for the administration and enforcement of the provisions of the Oklahoma Certified Real Estate Appraisers Act;
10.  Accepting an appraisal assignment when the employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis or opinion, or where the fee to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment;
11.  Violating the confidential nature of governmental records to which the appraiser gained access through employment or engagement as an appraiser by a governmental agency;
12.  Entry of a final civil judgment against the person on grounds of deceit, fraud, or willful or knowing misrepresentation in the making of any appraisal of real property;
13.  Violating any of the provisions in the code of ethics set forth in this act the Oklahoma Certified Real Estate Appraisers Act; or
14.  Failing to at any time properly identify themselves according to the specific type of certification held.
D. E.  In a disciplinary proceeding based upon a civil judgment, the trainee, state licensed, state certified residential or state certified general real estate appraiser shall be afforded an opportunity to present matters in mitigation and extenuation, but may not collaterally attack the civil judgment.
E. F.  1.  A complaint may be filed with the Board against a trainee or state licensed or state certified appraiser for any violations relating to a specific transaction of the Oklahoma Certified Real Estate Appraisers Act by any person who is the recipient of, relies upon or uses an appraisal prepared for a federally related transaction or real-estate-related financial transaction as described in Section 858-701 of this title.
2.  Any person with knowledge of any circumstances surrounding an act or omission by a trainee or state licensed or state certified appraiser involving fraud, dishonesty or misrepresentation in any real property valuation-related activity, not limited to federally related transactions, may file a complaint with the Board setting forth all facts surrounding the act or omission.
3.  A complaint may be filed against a trainee or state licensed or state certified appraiser directly by the Board, if reasonable cause exists for violations of the code of ethics set forth in this act the Oklahoma Certified Real Estate Appraisers Act.
4.  Any complaint filed pursuant to this subsection shall be in writing and signed by the person filing same and shall be on a form approved by the Board.  The trainee or state licensed or state certified appraiser shall be entitled to any hearings or subject to any disciplinary proceedings provided for in the Oklahoma Certified Real Estate Appraisers Act based upon any complaint filed pursuant to this subsection.
G.  An applicant whose license or certificate is denied or not renewed may appeal the decision to the Board within thirty (30) days of that decision.  If after hearing and final decision of the Board to deny or not renew a license or certificate, the applicant may appeal the final decision to the district court pursuant to the Administrative Procedures Act.
H.  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 with others in the occupation.
SECTION 9.     AMENDATORY      59 O.S. 2011, Section 887.13, is amended to read as follows:
Section 887.13  A.  The State Board of Medical Licensure and Supervision may refuse to issue or renew, or may suspend or revoke a license to any person, after notice and hearing in accordance with rules and regulations promulgated pursuant to the Physical Therapy Practice Act and the provisions of the Administrative Procedures Act of the Oklahoma Statutes who has:
1.  Practiced physical therapy other than under the referral of a physician, surgeon, dentist, chiropractor or podiatrist duly licensed to practice medicine or surgery, a physician assistant, or in the case of practice as a physical therapist assistant, has practiced other than under the direction of a licensed physical therapist;
2.  Treated or attempted to treat ailments or other health conditions of human beings other than by physical therapy as authorized by the Physical Therapy Practice Act;
3.  Failed to refer patients to other health care providers if symptoms are known to be present for which physical therapy treatment is inadvisable or if symptoms indicate conditions for which treatment is outside the standards of practice as specified in the rules and regulations promulgated by the Board pursuant to the provisions of the Physical Therapy Practice Act;
4.  Used drugs, narcotics, medication, or intoxicating liquors to an extent which affects the professional competency of the applicant or licensee;
5.  Been convicted of a felony crime that substantially relates to the occupation of physical therapy or poses a reasonable threat to public safety, or of a misdemeanor crime involving moral turpitude;
6.  Obtained or attempted to obtain a license as a physical therapist or physical therapist assistant by fraud or deception;
7.  Been grossly negligent in the practice of physical therapy or in acting as a physical therapist assistant;
8.  Been adjudged mentally incompetent by a court of competent jurisdiction and has not subsequently been lawfully declared sane;
9.  Been guilty of conduct unbecoming a person licensed as a physical therapist or physical therapist assistant or guilty of conduct detrimental to the best interests of the public or the profession;
10.  Been guilty of any act in conflict with the ethics of the profession of physical therapy; or
11.  Had a license suspended or revoked in another state.
B.  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 with others in the occupation.
SECTION 10.     AMENDATORY      59 O.S. 2011, Section 888.9, is amended to read as follows:
Section 888.9  A.  The State Board of Medical Licensure and Supervision may deny or refuse to renew a license, or may suspend or revoke a license, or may censure a licensee, publicly or otherwise, or may impose probationary conditions where the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public.  Such unprofessional conduct includes:
1.  Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;
2.  Engaging in unprofessional conduct as defined by the rules established by the Board, or violating the Code of Ethics adopted and published by the Board;
3.  Being convicted of any federal or state law, excepting any misdemeanor, traffic law or municipal ordinance a felony crime that substantially relates to the occupation of occupational therapy or poses a reasonable threat to public safety;
4.  Violating any lawful order, rule, or regulation rendered or adopted by the Board; and
5.  Violating any provisions of this act the Occupational Therapy Practice Act.
B.  Such denial, refusal to renew, suspension, revocation, censure, or imposition of probationary conditions upon a license may be ordered by the Board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the Board Administrative Procedures Act.  After final decision by the Board, an appeal may be made pursuant to the Administrative Procedures Act.  One (1) year from the date of the revocation, refusal of renewal, suspension, or probation of the license, application may be made to the Board for reinstatement.  The Board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement. 
C.  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 with others in the occupation.
SECTION 11.     AMENDATORY      59 O.S. 2011, Section 1370, is amended to read as follows:
Section 1370.  A.  A psychologist and any other persons under the supervision of the psychologist shall conduct their professional activities in conformity with ethical and professional standards promulgated by the State Board of Examiners of Psychologists by rule.
B.  The Board shall have the power and duty to suspend, place on probation, require remediation, or revoke any license to practice psychology or to take any other action specified in the rules whenever the Board shall find by clear and convincing evidence that the psychologist has engaged in any of the following acts or offenses:
1.  Fraud in applying for or procuring a license to practice psychology;
2.  Immoral, unprofessional, or dishonorable conduct as defined in the rules promulgated by the Board;
3.  Practicing psychology in a manner as to endanger the welfare of clients or patients;
4.  Conviction of a felony.  A copy of the record of conviction, certified by the clerk of the court entering the conviction shall be conclusive evidence of conviction crime that substantially relates to the business practices of psychology or poses a reasonable threat to public safety;
5.  Conviction of any crime or offense that reflects the inability of the practitioner to practice psychology with due regard for the health and safety of clients or patients;
6.  Harassment, intimidation, or abuse, sexual or otherwise, of a client or patient;
7. 6.  Engaging in sexual intercourse or other sexual contact with a client or patient;
8. 7.  Use of repeated untruthful, deceptive or improbable statements concerning the licensee's qualifications or the effects or results of proposed treatment, including practicing outside of the psychologist's professional competence established by education, training, and experience;
9. 8.  Gross malpractice or repeated malpractice or gross negligence in the practice of psychology;
10. 9.  Aiding or abetting the practice of psychology by any person not approved by the Board or not otherwise exempt from the provisions of Section 1351 et seq. of this title;
11. 10.  Conviction of or pleading guilty or nolo contendre contendere to fraud in filing Medicare or Medicaid claims or in filing claims with any third-party payor.  A copy of the record of plea or conviction, certified by the clerk of the court entering the plea or conviction, shall be conclusive evidence of the plea or conviction;
12. 11.  Exercising undue influence in a manner to exploit the client, patient, student, or supervisee for financial advantage beyond the payment of professional fees or for other personal advantage to the practitioner or a third party;
13. 12.  The suspension or revocation by another state of a license to practice psychology.  A certified copy of the record of suspension or revocation of the state making such a suspension or revocation shall be conclusive evidence thereof;
14. 13.  Refusal to appear before the Board after having been ordered to do so in writing by the executive officer or chair of the Board;
15. 14.  Making any fraudulent or untrue statement to the Board;
16. 15.  Violation of the code of ethics adopted in the rules and regulations of the Board; and
17. 16.  Inability to practice psychology with reasonable skill and safety to patients or clients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition.
C.  No license shall be suspended or revoked nor the licensee placed on probation or reprimanded until the licensee has been given an opportunity for a hearing before the Board pursuant to the provisions of subsection D of this section.  Whenever the Board determines that there has been a violation of any of the provisions of the Psychologists Licensing Act or of any order of the Board, it shall give written notice to the alleged violator specifying the cause of complaint.  The notice shall require that the alleged violator appear before the Board at a time and place specified in the notice and answer the charges specified in the notice.  The notice shall be delivered to the alleged violator in accordance with the provisions of subsection E of this section not less than ten (10) days before the time set for the hearing.
D.  On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon in writing or stated in the record.  A final order adverse to the alleged violator shall be in writing.  An order stated in the record shall become effective immediately, provided the Board gives written notice of the order to the alleged violator and to the other persons who appeared at the hearing and made written request for notice of the order.  If the hearing is held before any person other than the Board itself, such person shall transmit the record of the hearing together with recommendations for findings of fact and conclusions of law to the Board, which shall thereupon enter its order.  The Board may enter its order on the basis of such record or, before issuing its order, require additional hearings or further evidence to be presented.  The order of the Board shall become final and binding on all parties unless appealed to the district court as provided for in the Administrative Procedures Act.
E.  Except as otherwise expressly provided for by law, any notice, order, or other instrument issued by or pursuant to the authority of the Board may be served on any person affected, by publication or by mailing a copy of the notice, order, or other instrument by registered mail directed to the person affected at the last-known post office address of such person as shown by the files or records of the Board.  Proof of the service shall be made as in case of service of a summons or by publication in a civil action. Proof of mailing may be made by the affidavit of the person who mailed the notice.  Proof of service shall be filed in the office of the Board.
F.  Every certificate or affidavit of service made and filed as provided for in this section shall be prima facie evidence of the facts stated therein, and a certified copy thereof shall have same force and effect as the original certificate or affidavit of service.
G.  If the psychologist fails or refuses to appear, the Board may proceed to hearing and determine the charges in his or her absence.  If the psychologist pleads guilty, or if upon hearing the charges, a majority of the Board finds them to be true, the Board may enter an order suspending or revoking the license of the psychologist, reprimanding the psychologist, or placing the psychologist on probation or any combination of penalties authorized by the provisions of this section.
H.  The secretary of the Board shall preserve a record of all proceedings of the hearings and shall furnish a transcript of the hearings to the defendant upon request.  The defendant shall prepay the actual cost of preparing the transcript.
I.  Upon a vote of four of its members, the Board may restore a license which has been revoked, reduce the period of suspension or probation, or withdraw a reprimand.
J.  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 with others in the occupation.
SECTION 12.     AMENDATORY      59 O.S. 2011, Section 1503A, is amended to read as follows:
Section 1503A.  A.  To be eligible for a pawnshop license, an applicant shall:
1.  Be of good moral character;
2.  Have net assets of at least Twenty‑five Thousand Dollars ($25,000.00); and
3.  Show that the pawnshop will be operated lawfully and fairly within the purpose of the Oklahoma Pawnshop Act, Section 1501 et seq. of Title 59 of the Oklahoma Statutes this title.
B.  The Administrator shall find ineligible an applicant who has a felony crime conviction which directly that substantially relates to the duties and responsibilities of the occupation of a pawnbroker or poses a reasonable threat to public safety.
C.  If the Administrator is unable to verify that the applicant meets the net assets requirement for a pawnshop license, the Administrator may require a finding, including the presentation of a current balance sheet, by an accounting firm or individual holding a permit to practice public accounting in this state, that the accountant has reviewed the books and records of the applicant and that the applicant meets the net assets requirement.
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 of harm against another and has a bearing on the fitness or ability to serve the public or with others in the occupation.
SECTION 13.     AMENDATORY      59 O.S. 2011, Section 1619, is amended to read as follows:
Section 1619.  A.  The Board of Examiners for Speech-Language Pathology and Audiology may impose separately, or in combination, any of the following disciplinary actions on a licensee after formal disciplinary action as provided in the Speech-Language Pathology and Audiology Licensing Act:  suspend or revoke a license, issue a letter of reprimand, impose probationary conditions, impose an administrative fine not to exceed Ten Thousand Dollars ($10,000.00), and assess reasonable costs.  Disciplinary actions may be taken by the Board upon proof that the licensee:
1.  Has been guilty of fraud or deceit in connection with the person's services rendered as a speech-language pathologist and/or audiologist;
2.  Has aided or abetted a person who is not a licensed speech-language pathologist and/or audiologist and who is not an employee of and under the supervision of a licensed speech-language pathologist or audiologist and subject to the rules of the Board, in illegally engaging in the practice of speech-language pathology or audiology within this state;
3.  Has been guilty of unprofessional conduct as defined by the rules established by the Board or has violated the code of ethics made and published by the Board;
4.  Has used fraud or deception in applying for a license or in passing an examination provided for in the Speech-Language Pathology and Audiology Licensing Act;
5.  Has been grossly negligent in the practice of the person's profession;
6.  Has willfully violated any of the provisions of the Speech-Language Pathology and Audiology Licensing Act or any rules promulgated pursuant thereto;
7.  Has violated federal, state or local laws relating to the profession.  A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence of conviction; or
8.  Has been convicted or has pled guilty or nolo contendere to a felony crime that substantially relates to the business practices of speech-language pathology or audiology or poses a reasonable threat to public safety or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.  A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence of conviction.
B.  1.  No disciplinary action shall be imposed until after a hearing before the Board.  A notice of at least thirty (30) days shall be served, either personally or by certified mail, to the licensee charged, stating the time and place of the hearing, and setting forth the ground or grounds constituting the charges against the licensee.  The licensee shall be entitled to be heard in such person's defense either in person or by counsel, and may produce testimony and may testify in the person's own behalf.
2.  A record of such hearing shall be taken and preserved.
3.  The hearing may be adjourned from time to time.  If, after due receipt of notice of a hearing, the licensee shall be unable to appear for good cause shown, then a continuance shall be granted by the Board.  The time allowed shall be at the discretion of the Board, but in no instance shall it be less than two (2) weeks from the originally scheduled date of the hearing.
4.  If a licensee pleads guilty, or if upon hearing the charges, a majority of the Board finds them to be true, the Board shall impose its disciplinary action against the licensee.  The Board shall record its findings and order in writing.
C.  1.  The Board, through its chairman chair or vice-chairman vice-chair, may administer oaths and may compel the attendance of witnesses and the production of physical evidence before it from witnesses upon whom process is served anywhere within the state, as in civil cases in the district court, by subpoena issued over the signature of the chairman chair or vice-chairman vice-chair and the seal of the Board.
2.  Upon request by an accused speech-language pathologist and/or audiologist, and statement under oath that the testimony or evidence is reasonably necessary to the person's defense, the Board shall use this subpoena power in behalf of the accused speech-language pathologist and/or audiologist.
3.  The subpoenas shall be served, and a return of service thereof made, in the same manner as a subpoena is served out of the district courts in this state, and as a return in such case is made.
4.  If a person fails and refuses to attend in obedience to such subpoena, or refuses to be sworn or examined or answer any legally proper question propounded by any member of said Board or any attorney or licensee upon permission from said Board, such person shall be guilty of a misdemeanor, and, upon conviction, may be punished by a fine not to exceed Two Hundred Fifty Dollars ($250.00) or by confinement in the county jail not to exceed ninety (90) days, or both.
D.  1.  Any person who feels aggrieved by reason of the imposition of disciplinary action may appeal to the Board for a review of the case or the person may seek judicial review pursuant to the Administrative Procedures Act.
2.  The suit shall be filed against the Board as defendant, and service of process shall be upon either the chairman or executive secretary of the Board.
3.  The judgment of the district court may be appealed to the Supreme Court of Oklahoma in the same manner as other civil cases.
E.  Upon a vote of three of its members, the Board may restore a license which has been revoked or reduce the period of suspension.
F.  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 with others in the occupation.
SECTION 14.     AMENDATORY      59 O.S. 2011, 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 crime that substantially relates to the practice of counseling or poses a reasonable threat to public safety;
2.  Been convicted of a misdemeanor determined to be of such a nature as to render the person convicted unfit to practice counseling involving moral turpitude;
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 or her 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.
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 of harm against another and has a bearing on the fitness or ability to serve the public or with others in the occupation.
SECTION 15.     AMENDATORY      59 O.S. 2011, 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 crime that substantially relates to the practice of counseling or poses a reasonable threat to public safety;
2.  Been convicted of a misdemeanor 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 involving moral turpitude;
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.
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.
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 with others in the occupation.
SECTION 16.     AMENDATORY      59 O.S. 2011, 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 crime that substantially relates to the practice of behavioral health or poses a reasonable threat to public safety;
2.  Been convicted of a misdemeanor determined to be of such a nature as to render the person convicted unfit to practice behavioral health crime involving moral turpitude;
3.  Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of this act the Licensed Behavioral Practitioner 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.
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 of harm against another and has a bearing on the fitness or ability to serve the public or with others in the occupation.
SECTION 17.  This act shall become effective July 1, 2012.
SECTION 18.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the House of Representatives the 7th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2012.

	
Presiding Officer of the Senate