Author: Jennifer Mullens
Last saved by: Gina Delaney
Company: senate

STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 672	By:	Jolley

AS INTRODUCED

An Act relating to the regulation of mental health professionals; amending 59 O.S. 2001, Sections 1904, 1925.4 and 1933, as amended by Section 14, Chapter 523, O.S.L. 2004 (59 O.S. Supp. 2010, Section 1933), which relate to Advisory Boards to the State Commissioner of Health for the regulation of mental health professionals; modifying membership of certain advisory boards; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2001, Section 1904, is amended to read as follows:
Section 1904.  A.  1.  There is hereby created the "Oklahoma Licensed Professional Counselors Advisory Board" whose duty shall be to advise the Department on the provisions of the Licensed Professional Counselors Act, except as otherwise provided by law.
2.  The Advisory Board shall consist of ~~seven (7)~~ nine (9) members who shall be appointed by the State Commissioner of Health with the advice and consent of the State Board of Health.  ~~Five~~ Six members shall be licensed professional counselors and ~~two~~ three members shall be lay persons who are not affiliated with any practice of counseling or delivering of health or mental health services.  The Commissioner shall appoint successors for a four-year term.
3.  All professional appointees shall be selected from a list of qualified candidates submitted by the Executive Committee of the Oklahoma Counseling Association acting in conjunction with the executive committees of all state professional counseling associations which represent a specialty recognized pursuant to the Licensed Professional Counselors Act.
B.  Vacancies occurring in the Advisory Board shall be filled for the unexpired term by appointment of the Commissioner with the advice and consent of the Board from a list of qualified candidates submitted within thirty (30) days of such vacancy by the Executive Committee of the Oklahoma Counseling Association acting in conjunction with the executive committees of all state professional counseling associations which represent a specialty recognized pursuant to the Licensed Professional Counselors Act.  Such appointments shall be made within thirty (30) days after the candidates' names have been submitted if possible.
C.  Any Advisory Board member may be removed by the Commissioner, after written notice, for incapacity, incompetence, neglect of duty, misfeasance or malfeasance in office.
D.  Members of the Advisory Board shall serve without compensation, but shall be reimbursed their actual and necessary travel expenses as provided by the provisions of the State Travel Reimbursement Act.
E.  Advisory Board members shall be ineligible for reappointment for a period of three (3) years following completion of their term.
F.  The Advisory Board shall hold at least four regular meetings each year.  Meetings shall be held at such time and place as the Advisory Board may provide.  The Advisory Board shall elect annually the following officers: A chair, a vice-chair, and a secretary.  Four members of the Advisory Board shall constitute a quorum.
SECTION 2.     AMENDATORY     59 O.S. 2001, Section 1925.4, is amended to read as follows:
Section 1925.4.  A.  1.  There is hereby created the "Oklahoma Licensed Marital and Family Therapist Advisory Board" whose duty shall be to advise in administering the provisions of the Marital and Family Therapist Licensure Act, except as otherwise provided by law.
2.  The Advisory Board shall consist of ~~seven (7)~~ nine (9) members who shall be appointed by the State Commissioner of Health with the advice and consent of the State Board of Health.  ~~Five~~ Six members shall be licensed marital and family therapists who shall each have been for at least five (5) years immediately preceding appointment actively engaged as marital and family therapists in rendering professional services in marital and family therapy, or in rendering services in marital and family therapy as members of the clergy, who are in good standing in their denominations, or in the education and training of master's, doctoral or post-doctoral students of marital and family therapy, or in marital and family therapy research, and shall have spent the majority of the time devoted to such activity during the two (2) years preceding appointment to the Advisory Board.  ~~Two~~ Three members shall be lay persons who are not affiliated with any practice of marital and family therapy.
3.  All appointees shall be residents of the State of Oklahoma.  Except for the lay members, the Commissioner shall select the first appointees from a list of qualified candidates submitted by the executive committees of state marital and family therapists' associations.  The other members of the first Advisory Board shall serve the following terms:  One member for one (1) year, two members for two (2) years, two members for three (3) years and one member for four (4) years.  Thereafter, at the expiration of the term of each member, the Commissioner shall appoint a successor for four (4) years.  All appointees other than the lay members shall be selected from a list of qualified candidates submitted by the executive committees of all marital and family therapists associations in this state which represent a specialty recognized pursuant to the provisions of the Marital and Family Therapist Licensure Act.
B.  Vacancies occurring on the Advisory Board shall be filled for the unexpired term by appointment of the Commissioner with the advice and consent of the Board from a list of qualified candidates submitted within thirty (30) days of such vacancy by the executive committees of all marital and family therapists associations in this state which represent a specialty recognized pursuant to the provisions of the Marital and Family Therapist Licensure Act.  Such appointments shall be made within thirty (30) days after the candidates' names have been submitted if possible.
C.  Any Advisory Board member may be removed by the Commissioner, after written notice, for incapacity, incompetence, neglect of duty, misfeasance or malfeasance in office.
D.  Members of the Advisory Board shall serve without compensation, but shall be reimbursed their actual and necessary travel expenses pursuant to the State Travel Reimbursement Act~~, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes~~.
E.  Advisory Board members shall be ineligible for reappointment for a period of three (3) years following completion of their terms.
F.  The Advisory Board shall meet within thirty (30) days after the appointment of its members by the Commissioner.  Thereafter the Advisory Board shall hold at least four regular meetings each year. Meetings shall be held at such time and place as the Advisory Board may provide.  The Advisory Board shall elect annually the following officers: a chair, a vice-chair, and a secretary.  Four members of the Advisory Board shall constitute a quorum.
SECTION 3.     AMENDATORY     59 O.S. 2001, Section 1933, as amended by Section 14, Chapter 523, O.S.L. 2004 (59 O.S. Supp. 2010, Section 1933), is amended to read as follows:
Section 1933.  A.  There is hereby created the “Oklahoma Licensed Behavioral Practitioners Advisory Board” whose duty shall be to advise the State Department of Health on the provisions of the Licensed Behavioral Practitioner Act, except as otherwise provided by law.
B.  1.  The Advisory Board shall consist of ~~seven (7)~~ nine (9) members who shall be appointed by the State Commissioner of Health, with the advice and consent of the State Board of Health, ~~as follows:~~
~~a.~~	~~two members for a term ending June 30, 2004,~~
~~b.~~	~~two members for a term ending June 30, 2005,~~
~~c.~~	~~two members for a term ending June 30, 2006, and~~
~~d.~~	~~one member for a term ending June 30, 2007.~~
~~Upon expiration of such terms, the Commissioner shall appoint successors~~ for four-year terms.
~~2.  Four~~ Five members shall be licensed behavioral practitioners; provided, initial behavioral practitioner appointees shall not be required to be licensed under the Licensed Behavioral Practitioner Act before the end of the first year that the license is available.  One member shall be a licensed mental health professional other than a licensed behavioral practitioner, and ~~two~~ three members shall be lay persons who are not affiliated with any practice of behavioral health service delivery or the delivering of health or mental health services.
~~3.~~ 2.  All professional appointees shall be selected from a list of qualified candidates submitted by the Executive Board of the North American Association of Masters in Psychology acting in conjunction with the executive committees of all state professional behavioral health associations which represent a specialty recognized pursuant to the Licensed Behavioral Practitioner Act.
C.  Vacancies occurring in the Advisory Board shall be filled for the unexpired term by appointment by the Commissioner, with the advice and consent of the Oklahoma State Board of Health, from a list of qualified candidates submitted within thirty (30) days of such vacancy by the Executive Board of the North American Association of Masters in Psychology acting in conjunction with the executive committees of all state professional behavioral health associations which represent a specialty recognized pursuant to the Licensed Behavioral Practitioner Act.  Such appointments shall be made within thirty (30) days after the candidates’ names have been submitted if possible.
D.  Any Advisory Board member may be removed by the Commissioner, after written notice, for incapacity, incompetence, neglect of duty, or misfeasance or malfeasance in office.
E.  Members of the Advisory Board shall serve without compensation, but shall be reimbursed their actual and necessary travel expenses as provided by the provisions of the State Travel Reimbursement Act.
F.  Advisory Board members shall be ineligible for reappointment for a period of three (3) years following completion of a term.
G.  The Advisory Board shall hold at least four regular meetings each year.  Meetings shall be held at such time and place as the Advisory Board may provide.  The Advisory Board shall elect annually the following officers:  A chair, a vice-chair, and a secretary.  Four members of the Advisory Board shall constitute a quorum.
SECTION 4.  This act shall become effective November 1, 2011.

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