STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 680	By:	David

AS INTRODUCED

An Act relating to public health; transferring certain powers, duties, responsibilities, equipment and records from the State Board of Health, the State Department of Health, and the State Commissioner of Health, respectively, to the Board of Mental Health and Substance Abuse Services, the Department of Mental Health and Substance Abuse Services, and the Commissioner of Mental Health and Substance Abuse Services, respectively; transferring certain unexpended funds, property, furnishings, equipment, supplies, records, personnel and outstanding financial obligations to the Department of Mental Health and Substance Abuse Services; providing that certain written contracts or agreements, rights, obligations, responsibilities, duties, and authorities shall remain in full force and effect upon transfer; transferring certain rules; consolidating certain committees; creating the Professional Counselors Advisory Committee; providing for membership and appointing authority; providing for filling vacancies; providing for a quorum; establishing standards for meetings; providing requirements for members; specifying jurisdictional areas; restricting rules promulgation; providing for travel reimbursement; directing the Department of Mental Health and Substance Abuse Services to provide staff for meetings; amending 59 O.S. 2011, Section 1902, which relates to definitions; amending 59 O.S. 2011, Section 1905, which relates to certain duties and authorities; amending 59 O.S. 2011, Section 1906, which relates to licenses; amending 59 O.S. 2011, Section 1907, which relates to examinations; amending 59 O.S. 2011, Section 1908, which relates to license issuance; amending 59 O.S. 2011, Section 1909, which relates to licenses by endorsement; amending 59 O.S. 2011, Section 1911, which relates to penalties for noncompliance; amending 59 O.S. 2011, Section 1912, which relates to denials and revocations of licenses; amending 59 O.S. 2011, Section 1913.1, which relates to penalties; amending 59 O.S. 2011, Section 1916.1, which relates to statements of professional disclosure; amending 59 O.S. 2011, Section 1917, which relates to specialty designations; amending 59 O.S. 2011, Section 1918, as amended by Section 288, Chapter 304, O.S.L. 2012 (59 O.S. Supp. 2012, Section 1918), which relates to the Licensed Professional Counselors Revolving Fund; amending 59 O.S. 2011, Section 1919, which relates to licensing and annual renewal fees; amending 59 O.S. 2011, Section 1925.2, which relates to definitions; amending 59 O.S. 2011, Section 1925.5, which relates to duties of the State Board of Health and Commissioner of Health; amending 59 O.S. 2011, Section 1925.6, which relates to qualifications and examinations for licensing; amending 59 O.S. 2011, Section 1925.7, which relates to examinations; amending 59 O.S. 2011, Section 1925.8, which relates to issuance and renewal of licenses; amending 59 O.S. 2011, Section 1925.9, which relates to reciprocal licenses; amending 59 O.S. 2011, Section 1925.15, which relates to denial and revocation of licenses; amending 59 O.S. 2011, Section 1925.17, as amended by Section 289, Chapter 304, O.S.L. 2012 (59 O.S. Supp. 2012, Section 1925.17), which relates to the Licensed Marital and Family Therapists Revolving Fund; amending 59 O.S. 2011, Section 1925.18, which relates to licensing and annual renewal fees; amending 59 O.S. 2011, Section 1931, which relates to definitions; amending 59 O.S. 2011, Section 1934, which relates to powers of the State Board of Health; amending 59 O.S. 2011, Section 1935, which relates to applications for licenses; amending 59 O.S. 2011, Section 1936, which relates to examinations; amending 59 O.S. 2011, Section 1937, which relates to the issuance of licenses; amending 59 O.S. 2011, Section 1938, which relates to license by endorsement; amending 59 O.S. 2011, Section 1940, which relates to licensed behavioral practitioners; amending 59 O.S. 2011, Section 1941, which relates to denials and revocations of licenses; amending 59 O.S. 2011, Section 1942, which relates to penalties for rules violations; amending 59 O.S. 2011, Section 1944, which relates to statements of professional disclosure; amending 59 O.S 2011, Section 1945, which relates to professional specialty designation; amending 59 O.S. 2011, Section 1946, as amended by Section 290, Chapter 304, O.S.L. 2012 (59 O.S. Supp. 2012, Section 1946), which relates to the Licensed Behavioral Practitioners Revolving Fund; amending 59 O.S. 2011, Section 1947, which relates to fees; amending 59 O.S. 2011, Section 1948, which relates to continuing education requirements; amending 59 O.S. 2011, Section 1949, which relates to licensing of certain persons; transferring certain authority, powers and responsibilities; deleting certain definitions; making language gender-neutral; renaming certain funds; deleting certain references; repealing 59 O.S. 2011, Sections 1904, 1925.4, and 1933; providing for noncodification; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  All powers, duties, responsibilities, equipment and records of the State Board of Health, the State Department of Health, and the State Commissioner of Health relating exclusively to the regulation of Licensed Professional Counselors, Licensed Marital and Family Therapists and Licensed Behavioral Practitioners are hereby transferred and shall be placed under the authority of the Department of Mental Health and Substance Abuse Services.  To the extent practicable, this shall include all computer hardware and software used in regulating the functions listed in this subsection.  The State Commissioner of Health, the Commissioner of Mental Health and Substance Abuse Services and the Director of the Office of Management and Enterprise Services may contract for additional legal and administrative services as necessary to effectuate the transfer.
B.  All unexpended funds, property, furnishings, equipment, supplies, records, personnel and outstanding financial obligations and encumbrances relating to the designated transfer of the Licensed Professional Counselors Act, the Marital and Family Therapist Licensure Act and the Licensed Behavioral Practitioner Act are hereby transferred to the Department of Mental Health and Substance Abuse Services for the continuing performance of duties relating to the Licensed Professional Counselors Act, the Marital and Family Therapist Licensure Act and the Licensed Behavioral Practitioner Act.  No funds, property, furnishings, equipment, supplies, records, or personnel may be expended or used for any purpose other than the performance of duties and responsibilities as directed and required in this act.
C.  All transferred contract personnel and any written contracts or agreements, or portions thereof, relating to any transferred personnel or any right, obligation, responsibility, duty or authority subject to the transfer specified in subsection A of this section shall remain in full force and effect upon transfer.
D.  The State Board of Health, the State Department of Health, and the State Commissioner of Health shall not enter into any contract or agreement relating to the regulation of Licensed Professional Counselors, Licensed Marital and Family Therapists and Licensed Behavioral Practitioners extending beyond the effective date of the transfer without approval by the Commissioner of Mental Health and Substance Abuse Services and the Office of Management and Enterprise Services.
E.  All licenses, registrations, certifications and accreditations subject to the transfer provided in subsection A of this section shall remain in full force and effect upon transfer to the Department of Mental Health and Substance Abuse Services.
F.  The Director of the Office of Management and Enterprise Services is hereby directed to coordinate the transfer of funds, allotments, purchase orders, and outstanding financial obligations and encumbrances relating to the Licensed Professional Counselors Act, the Marital and Family Therapist Licensure Act, and the Licensed Behavioral Practitioner Act subject to transfer pursuant to the provisions of this act.
G.  Upon the effective date of this legislation, all administrative rules promulgated by the State Board of Health relating to the Licensed Professional Counselors Act, the Marital and Family Therapist Licensure Act and the Licensed Behavioral Practitioner Act shall be transferred to and become a part of the administrative rules of the Department of Mental Health and Substance Abuse Services.  The Office of Administrative Rules in the Secretary of State's office shall provide adequate notice in the Oklahoma Register of the transfer of such rules, and shall place the transferred rules under the Administrative Code section of the Department of Mental Health and Substance Abuse Services.  Such rules shall continue in full force and effect as rules of the Department of Mental Health and Substance Abuse Services from and after the effective date of this act, and any amendment, repeal or addition to the transferred rules shall be under the jurisdiction of the Department of Mental Health and Substance Abuse Services.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-112 of Title 43A, unless there is created a duplication in numbering, reads as follows:
A.  1.  There is hereby created the Professional Counselors Advisory Committee.  Members of the Advisory Committee shall serve at the pleasure of and may be removed from office by the appointing authority.  Members shall continue to serve until their successors are appointed.  Any vacancy shall be filled in the same manner as the original appointments.  Four (4) members shall constitute a quorum.
2.  The Advisory Committee shall meet at least twice a year, but no more than four (4) times a year and shall elect a chair and a vice-chair from among its members.  The Advisory Committee shall only meet as required for:
a.	election of officers,
b.	establishment of meeting dates and times,
c.	rule development,
d.	review and recommendation, and
e.	adoption of nonbinding resolutions to the Department of Mental Health and Substance Abuse Services or the Board of Mental Health and Substance Abuse Services concerning matters brought before the Advisory Committee.
3.  Special meetings may be called by the chair or by concurrence of any three (3) members.
B.  1.  All members of the Professional Counselors Advisory Committee shall be knowledgeable of counseling issues.  The Advisory Committee shall be appointed by the Commissioner of Mental Health and Substance Abuse Services and composed as follows:
a.	two (2) members who are licensed behavioral practitioners,
b.	two (2) members who are licensed professional counselors, and
c.	two (2) members who are licensed family and marital therapists.
2.  The jurisdictional areas of the Professional Counselors Advisory Committee shall include professional counseling licensing and practice issues, marital and family therapist licensing and practice issues, behavioral practitioner licensing and practice issues and such other areas as designated by the Board of Mental Health and Substance Abuse Services.
C.  The Advisory Committee shall not recommend rules for promulgation by the Board of Mental Health and Substance Abuse Services unless all applicable requirements of the Administrative Procedures Act have been followed, including but not limited to notice, rule impact statement and rule-making hearings.
D.  Members of the Advisory Committee shall serve without compensation but may be reimbursed for expenses incurred in the performance of their duties, as provided in the State Travel Reimbursement Act.  The Advisory Committee is authorized to utilize the conference rooms of the Department of Mental Health and Substance Abuse Services and obtain administrative assistance from the Department, as required.
SECTION 3.     AMENDATORY     59 O.S. 2011, Section 1902, is amended to read as follows:
Section 1902.  For the purpose of the Licensed Professional Counselors Act:
1.  "Licensed professional counselor" or "LPC" means any person who offers professional counseling services for compensation to any person and is licensed pursuant to the provisions of the Licensed Professional Counselors Act.  The term shall not include those professions exempted by Section 1903 of this title;
2.  "Board" means the State Board of Mental Health and Substance Abuse Services;
3.  "Department" means the State Department of Mental Health and Substance Abuse Services;
4.  "Advisory Board Committee" means the Oklahoma Licensed Professional Counselors Advisory Board appointed by the Commissioner Committee established in Section 2 of this act;
5.  "Commissioner" means the State Commissioner of Mental Health and Substance Abuse Services;
6.  "Counseling" means the application of mental health and developmental principles in order to:
a.	facilitate human development and adjustment throughout the life span,
b.	prevent, diagnose or treat mental, emotional or behavioral disorders or associated distress which interfere with mental health,
c.	conduct assessments or diagnoses for the purpose of establishing treatment goals and objectives, and
d.	plan, implement or evaluate treatment plans using counseling treatment interventions;
7.  "Counseling treatment interventions" means the application of cognitive, affective, behavioral and systemic counseling strategies which include principles of development, wellness, and pathology that reflect a pluralistic society.  Such interventions are specifically implemented in the context of a professional counseling relationship;
8.  "Consulting" means interpreting or reporting scientific fact or theory in counseling to provide assistance in solving current or potential problems of individuals, groups or organizations;
9.  "Referral activities" means the evaluating of data to identify problems and to determine the advisability of referral to other specialists;
10.  "Research activities" means reporting, designing, conducting or consulting on research in counseling;
11.  "Specialty" means the designation of a subarea of counseling practice that is recognized by a national certification agency or by the Board;
12.  "Supervisor" means a person who meets the requirements established by the Board and who is licensed pursuant to the Licensed Professional Counselors Act; and
13.  "Licensed professional counselor candidate" means a person whose application for licensure has been accepted and who is under supervision for licensure as provided in Section 1906 of this title.
SECTION 4.     AMENDATORY     59 O.S. 2011, Section 1905, is amended to read as follows:
Section 1905.  A.  The State Board of Mental Health and Substance Abuse Services shall, giving regard to the recommendations of the Oklahoma Licensed Professional Counselors Advisory Board:
1.  Prescribe, adopt and promulgate rules to implement and enforce the provisions of the Licensed Professional Counselors Act, including the adoption of the Oklahoma State Department of Health rules by reference;
2.  Adopt and establish rules of professional conduct; and
3.  Set license and examination fees as required by the Licensed Professional Counselors Act.
B.  The State Department of Mental Health and Substance Abuse Services shall, giving regard to the recommendations of the Advisory Board, have the authority to:
1.  Seek injunctive relief;
2.  Request the district attorney to bring an action to enforce the provisions of the Licensed Professional Counselors Act;
3.  Receive fees and deposit said fees into the Licensed Professional Counselors Revolving Fund as required by the Licensed Professional Counselors Act;
	4.  Issue, renew, revoke, deny, suspend and place on probation licenses to practice professional counseling pursuant to the provisions of the Licensed Professional Counselors Act;
5.  Examine all qualified applicants for licenses to practice professional counseling;
6.  Investigate complaints and possible violations of the Licensed Professional Counselors Act;
7.  Accept grants and gifts from various foundations and institutions; and
8.  Make such expenditures and employ such personnel as the Commissioner may deem necessary for the administration of the Licensed Professional Counselors Act.
SECTION 5.     AMENDATORY     59 O.S. 2011, Section 1906, is amended to read as follows:
Section 1906.  A.  Applications for a license to practice as a licensed professional counselor shall be made to the State Department of Mental Health and Substance Abuse Services in writing.  Such applications shall be on a form and in a manner prescribed by the Commissioner of Mental Health and Substance Abuse Services.  The application shall be accompanied by the fee required by the Licensed Professional Counselors Act, which shall be retained by the  Department and not returned to the applicant.
B.  Each applicant for a license to practice as a licensed professional counselor shall:
1.  Be possessed of good moral character;
2.  Pass an examination based on standards promulgated by the State Board of Mental Health and Substance Abuse Services pursuant to the Licensed Professional Counselors Act;
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 this title; and
5.  Otherwise comply with the rules promulgated by the Board pursuant to the provisions of the Licensed Professional Counselors Act.
C.  In addition to the qualifications specified by the provisions of subsection B of this section, an applicant for a license to practice as a licensed professional counselor shall have:
1.  Successfully completed at least sixty (60) graduate semester hours (ninety (90) graduate quarter hours) of counseling-related course work.  These sixty (60) hours shall include at least a master's degree in a counseling field.  All courses and degrees shall be earned from a regionally accredited college or university.  The State Board of Mental Health and Substance Abuse Services shall define what course work qualifies as "counseling-related" and what degrees/majors qualify as a "counseling field"; and
2.  Three (3) years of supervised full-time experience in professional counseling subject to the supervision of a licensed professional counselor pursuant to conditions established by the Board.  One (1) or two (2) years of experience may be gained at the rate of one (1) year for each thirty (30) graduate semester hours earned beyond the master's degree, provided that such hours are clearly related to the field of counseling and are acceptable to the Board.  The applicant shall have no less than one (1) year of supervised full-time experience in counseling.
SECTION 6.     AMENDATORY     59 O.S. 2011, Section 1907, is amended to read as follows:
Section 1907.  A.  1.  Examinations shall be held at such times, at such place and in such manner as the Commissioner of Mental Health and Substance Abuse Services directs.  An examination shall be held at least annually.  The State Department of Mental Health and Substance Abuse Services shall determine the acceptable grade on examinations.  The examination shall cover such technical, professional and practical subjects as relate to the practice of professional counseling.
2.  If an applicant fails to pass the examinations, the applicant may reapply.
B.  The Commissioner shall preserve answers to any examination, and the applicant's performance on each section, as part of the records of the Department for a period of two (2) years following the date of the examination.
SECTION 7.     AMENDATORY     59 O.S. 2011, Section 1908, is amended to read as follows:
Section 1908.  A.  An applicant who meets the requirements for licensure pursuant to the provisions of the Licensed Professional Counselors Act, has paid the required license fees and has otherwise complied with the provisions of the Licensed Professional Counselors Act shall be licensed by the State Department of Mental Health and Substance Abuse Services.
B.  Each initial license issued pursuant to the Licensed Professional Counselors Act shall expire twenty-four (24) months from the date of issuance unless revoked.  A license may be renewed annually upon application and payment of fees.  The application for renewal shall be accompanied by evidence satisfactory to the Department that the applicant has completed relevant professional or continued educational experience during the previous twenty-four (24) months.  Failure to renew a license shall result in forfeiture of the rights and privileges granted by the license.  A person whose license has expired may make application within one (1) year following the expiration in writing to the Department requesting reinstatement in a manner prescribed by the Department and payment of the fees required by the provisions of the Licensed Professional Counselors Act.  The license of a person whose license has expired for more than one (1) year shall not be reinstated.  A person may reapply for a new license as provided in Section 1906 of this title.
C.  A licensed professional counselor whose license is current and in good standing, who wishes to retire the license, may do so by informing the Department in writing and returning the license to the Office of Licensed Professional Counselors.  A license so retired shall not be reinstated but does not prevent a person from applying for a new license at a future date.
SECTION 8.     AMENDATORY     59 O.S. 2011, Section 1909, is amended to read as follows:
Section 1909.  The Commissioner of Mental Health and Substance Abuse Services shall have the power to issue a license by endorsement to an applicant licensed in another state to practice as a licensed professional counselor if the Commissioner deems such applicant to have qualifications comparable to those required under the Licensed Professional Counselors Act and if the Commissioner finds the applicant meets the standards, provided by rules, for license by endorsement.
SECTION 9.     AMENDATORY     59 O.S. 2011, Section 1911, is amended to read as follows:
Section 1911.  A.  Any person who:
1.  Represents himself or herself by the title "Licensed Professional Counselor" or "LPC" without having first complied with the provisions of the Licensed Professional Counselors Act;
2.  Otherwise offers to perform counseling services;
3.  Uses the title of Licensed Professional Counselor or any other name, style or description denoting that the person is licensed as a licensed professional counselor; or
4.  Practices counseling,
upon conviction thereof, shall be guilty of a misdemeanor and shall be punished by imposition of a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense and in addition may be imprisoned for a term not to exceed six (6) months in the county jail or by both such fine and imprisonment.
B.  It shall be unlawful for any person who is not licensed or supervised pursuant to or specifically exempt from the provisions of the Licensed Professional Counselors Act to:
1.  Advertise or otherwise offer to perform counseling services;
2.  Use the title of Licensed Professional Counselor or any other name, style or description denoting that the person is licensed as a licensed professional counselor; or
3.  Practice counseling.
Such actions shall be subject to injunctive action by the Commissioner of Mental Health and Substance Abuse Services.
SECTION 10.     AMENDATORY     59 O.S. 2011, Section 1912, is amended to read as follows:
Section 1912.  A.  The State Department of Mental Health and Substance Abuse Services may deny, revoke, suspend or place on probation any license or specialty designation issued pursuant to the provisions of the Licensed Professional Counselors Act to a licensed professional counselor, if the person has:
1.  Been convicted of a felony;
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 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.
SECTION 11.     AMENDATORY     59 O.S. 2011, Section 1913.1, is amended to read as follows:
Section 1913.1.  A.  The State Board of Mental Health and Substance Abuse Services shall promulgate rules governing any licensure action to be taken pursuant to the Licensed Professional Counselors Act which shall be consistent with the requirements of notice and hearing under the Administrative Procedures Act.  No action shall be taken without prior notice unless the State Commissioner of Mental Health and Substance Abuse Services determines that there exists a threat to the health and safety of the residents of Oklahoma.
B.  1.  Any person who is determined by the State Department of Mental Health and Substance Abuse Services to have violated any provision of the Licensed Professional Counselors Act, or any rule promulgated or order issued pursuant thereto, may be subject to an administrative penalty.
2.  The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00).
3.  Administrative penalties imposed pursuant to this subsection shall be enforceable in the district courts of this state.
4.  All administrative penalties collected shall be deposited into the Licensed Professional Counselors Revolving Fund.
SECTION 12.     AMENDATORY     59 O.S. 2011, Section 1916.1, is amended to read as follows:
Section 1916.1.  All licensed professional counselors, except those employed by federal, state, or local governmental agencies, shall, prior to the performance of service, furnish the client with a copy of the Statement of Professional Disclosure as promulgated by rule of the State Board of Mental Health and Substance Abuse Services.  A current copy shall be on file with the State Department of Mental Health and Substance Abuse Services at all times.
SECTION 13.     AMENDATORY     59 O.S. 2011, Section 1917, is amended to read as follows:
Section 1917.  A.  A professional specialty designation area may be established by the State Department of Mental Health and Substance Abuse Services upon receipt of a petition signed by fifteen qualified persons who are currently licensed as licensed professional counselors, and who meet the recognized minimum standards as established by appropriate nationally recognized certification agencies; provided, if a nationally recognized certification does not exist, the Department may establish minimum standards for specialty designations.
B.  Upon receipt of credentials from the appropriate certification agency, the Department may grant the licensed professional counselor the appropriate specialty designation.  The licensed professional counselor may attain specialty designation through examination.  A licensed professional counselor shall not claim or advertise a counseling specialty and shall not incorporate the specialty designation into the professional title of such licensed professional counselor, unless the qualifications and certification requirements of that specialty have been met and have been approved by the Department and the appropriate certification agency.
SECTION 14.     AMENDATORY     59 O.S. 2011, Section 1918, as amended by Section 288, Chapter 304, O.S.L. 2012 (59 O.S. Supp. 2012, Section 1918), is amended to read as follows:
Section 1918.  There is hereby created in the State Treasury a revolving fund for the Oklahoma Board of Licensed Professional Counselors Department of Mental Health and Substance Abuse Services, to be designated the "Licensed Professional Counselors Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to this act.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Department of Health to meet expenses necessary for carrying out the purpose of the Licensed Professional Counselors Act.  Expenditures from said fund shall be approved by the Commissioner and shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
SECTION 15.     AMENDATORY     59 O.S. 2011, Section 1919, is amended to read as follows:
Section 1919.  A.  The licensing fee and the annual renewal fee shall be amounts fixed by the State Board of Mental Health and Substance Abuse Services upon recommendations of the Oklahoma Licensed Professional Counselors Advisory Board.
B.  The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions of the Licensed Professional Counselors Act and so that there are no unnecessary surpluses in the Licensed Professional Counselors Revolving Fund.
C.  The Board shall not fix a license fee at an amount in excess of Three Hundred Dollars ($300.00) and a renewal fee at an amount in excess of Two Hundred Dollars ($200.00).
D.  1.  The fee for the issuance of a license to replace a license which was lost, destroyed or mutilated shall be Twenty-five Dollars ($25.00).
2.  The fee shall accompany the application for a replacement license.
3.  The fee for specialty designation shall not exceed One Hundred Fifty Dollars ($150.00).
4.  The fee for an examination required pursuant to the Licensed Professional Counselors Act shall not exceed the Department's actual costs for holding and grading the examination.
SECTION 16.     AMENDATORY     59 O.S. 2011, Section 1925.2, is amended to read as follows:
Section 1925.2.  For purposes of the Marital and Family Therapist Licensure Act:
1.  "Advertise" means, but is not limited to, the issuing or causing to be distributed any card, sign, or device to any person; or the causing, permitting or allowing any sign or marking on or in any building or structure, or in any newspaper or magazine or in any directory, or on radio or television, or by advertising by any other means designed to secure public attention;
2.  "Board" means the State Board of Mental Health and Substance Abuse Services;
3.  "Commissioner" means the State Commissioner of Mental Health and Substance Abuse Services;
4.  "Advisory Board Committee" means the Oklahoma Licensed Marital and Family Therapist Advisory Board appointed by the State Board of Health Professional Counselors Advisory Committee established in Section 2 of this act;
5.  "Department" means the State Department of Mental Health and Substance Abuse Services;
6.  "Licensed marital and family therapist" means a person holding a current license issued pursuant to the provisions of the Marital and Family Therapist Licensure Act;
7.  "Marital and family therapy" means the assessment, diagnosis and treatment of disorders, whether cognitive, affective, or behavioral, within the context of marital and family systems.  Marital and family therapy involves the professional application of family systems theories and techniques in the delivery of services to individuals, marital pairs, and families for the purpose of treating such disorders;
8.  "Person" means any individual, firm, corporation, partnership, organization or body politic;
9.  "Practice of marital and family therapy" means the rendering of professional marital and family therapy services to individuals, family groups and marital pairs, singly or in groups, whether such services are offered directly to the general public or through organizations either public or private, for a fee, monetary or otherwise;
10.  "Recognized educational institution" means a regionally accredited college or university recognized by the United States Department of Education;
11.  "Use a title or description of" means to hold oneself out to the public as having a particular status by means of stating on signs, mailboxes, address plates, stationery, announcements, calling cards or other instruments of professional identification; and
12.  "Licensed marital and family therapist candidate" means a person whose application for licensure has been accepted and who is under supervision for licensure as set forth in Section 1925.6 of this title.
SECTION 17.     AMENDATORY     59 O.S. 2011, Section 1925.5, is amended to read as follows:
Section 1925.5.  A.  The State Board of Mental Health, giving regard to the recommendations of the Oklahoma Licensed Marital and Family Therapist Advisory Board, and Substance Abuse Services shall:
1.  Prescribe, adopt and promulgate rules to implement and enforce the provisions of the Marital and Family Therapist Licensure Act;
2.  Set license and examination fees as required by the Marital and Family Therapist Licensure Act, including the adoption of the State Department of Health rules by reference; and
3.  Adopt and establish rules of professional conduct.
B.  The Department shall have the authority to:
1.  Seek injunctive relief;
2.  Receive fees and deposit said fees into the Licensed Marital and Family Therapist Revolving Fund as required by the Marital and Family Therapist Licensure Act;
3.  Issue, renew, revoke, deny, suspend and place on probation licenses to practice marital and family therapy pursuant to the provisions of the Marital and Family Therapist Licensure Act;
4.  Examine all qualified applicants for licenses to practice marital and family therapy;
5.  Accept grants and gifts from various foundations and institutions;
6.  Make such expenditures and employ such personnel as the Commissioner may deem necessary for the administration of the Marital and Family Therapist Licensure Act;
7.  Request the district attorney to bring an action to enforce the provisions of the Marital and Family Therapist Licensure Act; and
8.  Investigate complaints and possible violations of the Marital and Family Therapist Licensure Act.
SECTION 18.     AMENDATORY     59 O.S. 2011, Section 1925.6, is amended to read as follows:
Section 1925.6.  A.  Applications for a license to practice as a licensed marital and family therapist shall be made to the State Department of Mental Health and Substance Abuse Services in writing.  Such applications shall be on a form and in a manner prescribed by the Commissioner of Mental Health and Substance Abuse Services.  The application shall be accompanied by the fee required by Section 1925.18 of this title which shall be retained by the State Department of Mental Health and Substance Abuse Services and not returned to the applicant.
B.  Each applicant for a license to practice as a licensed marital and family therapist shall:
1.  Be possessed of good moral character;
2.  Be at least twenty-one (21) years of age;
3.  Not have engaged in, nor be engaged in, any practice or conduct which would be a grounds for revoking, suspending or placing on probation a license under Section 1925.15 of this title; and
4.  Otherwise comply with the rules and regulations promulgated by the Board pursuant to the provisions of the Marital and Family Therapist Licensure Act.
C.  In addition to the qualifications specified by the provisions of subsection B of this section any person applying for a license after September 1, 1991, to practice as a licensed marital and family therapist shall have the following educational and experience qualifications:
1.  A master's degree or a doctoral degree in marital and family therapy, or a content-equivalent degree as defined by the Board.;
2.  Successful completion of two (2) calendar years of work experience in marital and family therapy following receipt of a qualifying degree, under supervision in accordance with standards established by the Board.; and
3.  An applicant applying for a license after September 1, 1991, shall also be required to pass a written or oral examination or both written and oral examination administered by the Board if, at the discretion of the Department, such examination is deemed necessary in order to determine the applicant's qualifications for the practice of marital and family therapy.
SECTION 19.     AMENDATORY     59 O.S. 2011, Section 1925.7, is amended to read as follows:
Section 1925.7.  A.  Examinations shall be held at such times, at such place and in such manner as the State Department of Mental Health and Substance Abuse Services directs.  An examination shall be held at least annually.  Examinations may be written or oral or both written and oral.  In any written examination each applicant shall be designated so that such applicant's name shall not be disclosed to the Department until the examinations have been graded.  Examinations shall include questions in such theoretical and applied fields as the Department deems most suitable to test an applicant's knowledge and competence to engage in the practice of marital and family therapy.
B.  The Department shall determine the acceptable grade on examinations.  If an applicant fails to pass the examinations, the applicant may reapply.
C.  The Department shall preserve answers to any examination, and the applicant's performance on each section, as part of the records of the Department for a period of two (2) years following the date of the examination.
SECTION 20.     AMENDATORY     59 O.S. 2011, Section 1925.8, is amended to read as follows:
Section 1925.8.  A.  An applicant who meets the requirements for licensure required by the provisions of the Marital and Family Therapist Licensure Act, has paid the required license fees and has otherwise complied with the provisions of the Marital and Family Therapist Licensure Act, shall be licensed by the Department.
B.  Each initial license issued pursuant to the Marital and Family Therapist Licensure Act shall expire twenty-four (24) months from the date of issuance.  A license may be renewed annually upon application and payment of fees.  Failure to timely renew a license shall result in expiration of the license and forfeiture of the rights and privileges granted by the license.  A person whose license has expired may within one (1) year following the expiration request reinstatement in a manner prescribed by the State Board of Mental Health and Substance Abuse Services.  The license of a person whose license has expired pursuant to this section for more than one (1) year shall not be reinstated.
SECTION 21.     AMENDATORY     59 O.S. 2011, Section 1925.9, is amended to read as follows:
Section 1925.9.  The Commissioner of Mental Health and Substance Abuse Services shall have the power to issue, upon application and payment of fees, a license by endorsement for an applicant licensed in another state to practice as a licensed marital and family therapist if the Commissioner deems such applicant to have qualifications equivalent to or which exceed those required pursuant to the provisions of the Marital and Family Therapist Licensure Act and if the Commissioner finds the applicant meets the standards, provided by rule, for license by endorsement.
SECTION 22.     AMENDATORY     59 O.S. 2011, Section 1925.15, is amended to read as follows:
Section 1925.15.  A.  The State Department of Mental Health and Substance Abuse Services may deny, revoke, suspend or place on probation any license issued subject to the provisions of the Marital and Family Therapist Licensure Act, if the person has:
1.  Been convicted of a felony;
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 Mental Health and Substance Abuse Services; 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.
SECTION 23.     AMENDATORY     59 O.S. 2011, Section 1925.17, as amended by Section 289, Chapter 304, O.S.L. 2012 (59 O.S. Supp. 2012, Section 1925.17), is amended to read as follows:
Section 1925.17.  There is hereby created in the State Treasury a revolving fund for the State Department of Mental Health and Substance Abuse Services, to be designated the "Licensed Marital and Family Therapist Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to the provisions of the Marital and Family Therapist Licensure Act.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Department of Health to meet expenses necessary for carrying out the purpose of the Marital and Family Therapist Licensure Act.  Expenditures from said fund shall be approved by the Commissioner and shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
SECTION 24.     AMENDATORY     59 O.S. 2011, Section 1925.18, is amended to read as follows:
Section 1925.18.  A.  The licensing fee and the annual renewal fee shall be amounts fixed by the State Board of Mental Health and Substance Abuse Services upon recommendations of the Licensed Marital and Family Therapist Advisory Board.
B.  1.  The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions of the Marital and Family Therapist Licensure Act and so that there are no unnecessary surpluses in the Licensed Marital and Family Therapist Revolving Fund.
2.  The Board shall not fix a license fee at an amount in excess of Three Hundred Dollars ($300.00) and a renewal fee at an amount in excess of Two Hundred Dollars ($200.00).
3.  The fee for the issuance of a license to replace a license which was lost, destroyed or mutilated shall be Twenty-five Dollars ($25.00).
4.  The fee shall accompany the application for a replacement license.
5.  The fee for an examination required pursuant to the Marital and Family Therapist Licensure Act shall not exceed the actual costs incurred by the Department for holding and grading the examinations.
SECTION 25.     AMENDATORY     59 O.S. 2011, Section 1931, is amended to read as follows:
Section 1931.  For the purpose of the Licensed Behavioral Practitioner Act:
1.  "Advisory Board Committee" means the Oklahoma Licensed Behavioral Practitioners Advisory Board appointed by the State Commissioner of Health Professional Counselors Advisory Committee established in Section 2 of this act;
2.  "Behavioral health services" means the application of the scientific components of psychological and mental health principles in order to:
a.	facilitate human development and adjustment throughout the life span,
b.	prevent, diagnose, or treat mental, emotional, or behavioral disorders or associated distress which interfere with mental health,
c.	conduct assessments or diagnoses for the purpose of establishing treatment goals and objectives, and
d.	plan, implement, or evaluate treatment plans using behavioral treatment interventions;
3.  "Behavioral treatment interventions" means the application of empirically validated treatment modalities, including, but not limited to, operant and classical conditioning techniques, adherence/compliance methods, habit reversal procedures, cognitive behavior therapy, biofeedback procedures and parent training.  Such interventions are specifically implemented in the context of a professional therapeutic relationship;
4.  "Board" means the State Board of Mental Health and Substance Abuse Services;
5.  "Commissioner" means the Commissioner of Mental Health and Substance Abuse Services;
6.  "Consulting" means interpreting or reporting scientific fact or theory in behavioral health to provide assistance in solving current or potential problems of individuals, groups, or organizations;
7.  "Department" means the State Department of Mental Health and Substance Abuse Services;
8.  "Licensed behavioral practitioner" or "LBP" means any person who offers professional behavioral health services to any person and is licensed pursuant to the provisions of the Licensed Behavioral Practitioner Act.  The term shall not include those professions exempted by Section 1932 of this title;
9.  "Licensed behavioral practitioner candidate" means a person whose application for licensure has been accepted and who is under supervision for licensure as provided in Section 1935 of this title;
10.  "Referral activities" means the evaluating of data to identify problems and to determine the advisability of referral to other specialists;
11.  "Research activities" means reporting, designing, conducting, or consulting on research in behavioral health services;
12.  "Specialty" means the designation of a subarea of behavioral practice that is recognized by a national certification agency or by the Board; and
13.  "Supervisor" means a person who meets the requirements established by the Board.
SECTION 26.     AMENDATORY     59 O.S. 2011, Section 1934, is amended to read as follows:
Section 1934.  A.  The State Board of Mental Health and Substance Abuse Services shall, giving regard to the recommendations of the Oklahoma Licensed Behavioral Practitioners Advisory Board:
1.  Prescribe, adopt, and promulgate rules to implement and enforce the provisions of the Licensed Behavioral Practitioner Act, including the adoption of Oklahoma State Department of Health rules by reference;
2.  Adopt and establish rules of professional conduct; and
3.  Set license and examination fees as required by the Licensed Behavioral Practitioner Act.
B.  The State Department of Mental Health and Substance Abuse Services shall, giving regard to the recommendations of the Advisory Board, have the authority to:
1.  Seek injunctive relief;
2.  Request the district attorney to bring an action to enforce the provisions of the Licensed Behavioral Practitioner Act;
3.  Receive fees and deposit the fees into the Licensed Behavioral Practitioners Revolving Fund as required by the Licensed Behavioral Practitioner Act;
4.  Issue, renew, revoke, deny, suspend and place on probation licenses to practice behavioral health pursuant to the provisions of the Licensed Behavioral Practitioner Act;
5.  Examine all qualified applicants for licenses to practice behavioral health;
6.  Investigate complaints and possible violations of the Licensed Behavioral Practitioner Act;
7.  Accept grants and gifts from various foundations and institutions; and
8.  Make such expenditures and employ such personnel as the Commissioner may deem necessary for the administration of the Licensed Behavioral Practitioner Act.
SECTION 27.     AMENDATORY     59 O.S. 2011, Section 1935, is amended to read as follows:
Section 1935.  A.  Applications for a license to practice as a licensed behavioral practitioner shall be made to the State Department of Mental Health and Substance Abuse Services in writing.  Such applications shall be on a form and in a manner prescribed by the State Commissioner of Health.  The application shall be accompanied by the fee required by the Licensed Behavioral Practitioner Act, which shall be retained by the State Department of Health and not returned to the applicant.
B.  Each applicant for a license to practice as a licensed behavioral practitioner shall:
1.  Be possessed of good moral character;
2.  Pass an examination based on standards promulgated by the State Board of Mental Health and Substance Abuse Services pursuant to the Licensed Behavioral Practitioner Act;
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 Licensed Behavioral Practitioner Act; and
5.  Otherwise comply with the rules promulgated by the Board pursuant to the provisions of the Licensed Behavioral Practitioner Act.
C.  In addition to the qualifications specified by the provisions of subsection B of this section, an applicant for a license to practice as a licensed behavioral practitioner shall have:
1.  Successfully completed at least forty-five (45) graduate semester hours (sixty (60) graduate quarter hours) of behavioral science-related course work.  These forty-five (45) hours shall include at least a master's degree from a program in psychology.  All course work and degrees shall be earned from a regionally accredited college or university.  The State Board of Health shall define what course work qualifies as "behavioral science-related";
2.  On or after January 1, 2008, successfully completed at least sixty (60) graduate semester hours (ninety (90) graduate quarter hours) of behavioral science-related course work.  These sixty (60) hours shall include at least a master's degree from a program in psychology.  All courses shall be earned from a regionally accredited college or university.
The Board shall define what course work qualifies as "behavioral science-related"; and
3.  Three (3) years of supervised full-time experience in professional behavioral health services subject to the supervision of a licensed mental health professional pursuant to conditions established by the Board.  One (1) or two (2) years of experience may be gained at the rate of one (1) year for each thirty (30) graduate semester hours earned beyond the master's degree, provided that such hours are clearly related to the field of psychology or behavioral sciences and are acceptable to the Board.  The applicant shall have no less than one (1) year of supervised full-time experience in behavioral science.
SECTION 28.     AMENDATORY     59 O.S. 2011, Section 1936, is amended to read as follows:
Section 1936.  A.  Examinations for licensure shall be held at such times, at such place, and in such manner as the Commissioner of Mental Health and Substance Abuse Services directs.  The examination shall be held at least annually.  The State Department of Mental Health and Substance Abuse Services shall determine the acceptable grade on examinations.  The examination shall cover such technical, professional, and practical subjects as relate to the practice of behavioral science.  If an applicant fails to pass the examination, the applicant may reapply.
B.  The Commissioner shall preserve answers to any examination, and the applicant's performance on each section, for a period of two (2) years following the date of the examination.
SECTION 29.     AMENDATORY     59 O.S. 2011, Section 1937, is amended to read as follows:
Section 1937.  A.  An applicant who meets the requirements for licensure pursuant to the provisions of the Licensed Behavioral Practitioner Act, has paid the required license fees, and has otherwise complied with the provisions of the Licensed Behavioral Practitioner Act shall be licensed by the State Department of Mental Health and Substance Abuse Services.
B.  Each initial license issued pursuant to the Licensed Behavioral Practitioner Act shall expire twenty-four (24) months from the date of issuance unless revoked.  A license may be renewed upon application and payment of fees.  The application for renewal shall be accompanied by evidence satisfactory to the Department that the licensed behavioral practitioner has completed relevant professional or continued educational experience during the previous twenty-four (24) months.  Failure to renew a license shall result in forfeiture of the rights and privileges granted by the license.  A person whose license has expired may make application within one (1) year following the expiration in writing to the Department requesting reinstatement in a manner prescribed by the Department and payment of the fees required by the provisions of Licensed Behavioral Practitioner Act.  The license of a person whose license has expired for more than one (1) year shall not be reinstated.  A person may apply for a new license as provided in Section 1935 of this title.
C.  A licensed behavioral practitioner whose license is current and in good standing, who wishes to retire the license, may do so by informing the Department in writing and returning the license to the Department.  A license so retired shall not be reinstated but retirement of the license shall preclude a person from applying for a new license at a future date.
SECTION 30.     AMENDATORY     59 O.S. 2011, Section 1938, is amended to read as follows:
Section 1938.  The Commissioner of Mental Health and Substance Abuse Services shall have the power to issue a license by endorsement for an applicant licensed in another state to practice as a behavioral practitioner or under similar title if the Commissioner deems such applicant to have qualifications comparable to those required under the Licensed Behavioral Practitioner Act and if the Commissioner finds the applicant meets the standards, provided by rule, for license by endorsement.
SECTION 31.     AMENDATORY     59 O.S. 2011, Section 1940, is amended to read as follows:
Section 1940.  A.  Any person who represents himself or herself by the title "Licensed Behavioral Practitioner" or "LBP" without having first complied with the provisions of the Licensed Behavioral Practitioner Act, or who otherwise offers to perform behavioral health services, or who uses the title of Licensed Behavioral Practitioner or any other name, style, or description denoting that the person is licensed as a behavioral practitioner, or who practices behavioral science, upon conviction thereof, shall be guilty of a misdemeanor and shall be punished by imposition of a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense and in addition may be imprisoned for a term not to exceed six (6) months in the county jail or by both such fine and imprisonment.
B.  It shall be unlawful for any person not licensed or supervised pursuant to or specifically exempt from the Licensed Behavioral Practitioner Act to advertise or otherwise offer to perform behavioral health services or to use the title of Licensed Behavioral Practitioner or any other name, style, or description denoting that the person is licensed as a licensed behavioral practitioner, or to practice behavioral science.  Such action shall be subject to injunctive action by the State Commissioner of Mental Health and Substance Abuse Services.
SECTION 32.     AMENDATORY     59 O.S. 2011, Section 1941, is amended to read as follows:
Section 1941.  A.  The State Department of Mental Health and Substance Abuse Services may deny, revoke, suspend, or place on probation any license or specialty designation issued pursuant to the provisions of the Licensed Behavioral Practitioner Act to a licensed behavioral practitioner, if the person has:
1.  Been convicted of a felony;
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 Mental Health and Substance Abuse Services;
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 33.     AMENDATORY     59 O.S. 2011, Section 1942, is amended to read as follows:
Section 1942.  A.  The State Board of Mental Health and Substance Abuse Services shall promulgate rules governing any licensure action to be taken pursuant to the Licensed Behavioral Practitioner Act which shall be consistent with the requirements of notice and hearing under the Administrative Procedures Act.  No action shall be taken without prior notice unless the State Commissioner of Mental Health and Substance Abuse Services determines that there exists a threat to the health and safety of the residents of this state.
B.  1.  Any person who is determined by the State Department of Mental Health and Substance Abuse Services to have violated any provision of the Licensed Behavioral Practitioner Act, or any rule promulgated or order issued pursuant thereto, may be subject to an administrative penalty.
2.  The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00).
3.  Administrative penalties imposed pursuant to this subsection shall be enforceable in the district courts of this state.
4.  All administrative penalties collected shall be deposited into the Licensed Behavioral Practitioner Revolving Fund.
SECTION 34.     AMENDATORY     59 O.S. 2011, Section 1944, is amended to read as follows:
Section 1944.  All licensed behavioral practitioners, except those employed by federal, state, or local governmental agencies, shall, prior to the performance of service, furnish the client with a copy of the Statement of Professional Disclosure as promulgated by rule of the State Board of Mental Health and Substance Abuse Services.  A current copy of the document shall be on file with the Department of Mental Health and Substance Abuse Services at all times.
SECTION 35.     AMENDATORY     59 O.S. 2011, Section 1945, is amended to read as follows:
Section 1945.  A.  A professional specialty designation area may be established by the State Department of Mental Health and Substance Abuse Services upon receipt of a petition signed by fifteen qualified persons who are currently licensed as licensed behavioral practitioners, who have acquired at least sixty (60) semester hours, to increase to seventy-five (75) semester hours on and after January 1, 2008, of graduate credit in behavioral science or psychology-related course work from a regionally accredited college or university, and who meet the recognized minimum standards as established by appropriate nationally recognized certification agencies; provided, however, if a nationally recognized certification does not exist, the Department may establish minimum standards for specialty designations.
B.  Upon receipt of credentials from the appropriate certification agency, the Department may grant the licensed behavioral practitioner the appropriate specialty designation.  The licensed behavioral practitioner may attain specialty designation through examination.  A licensed behavioral practitioner shall not claim or advertise a behavioral health specialty and shall not incorporate the specialty designation into the professional title of such licensed behavioral practitioner unless the qualifications and certification requirements of that specialty have been met and have been approved by the Department and the appropriate certification agency.
SECTION 36.     AMENDATORY     59 O.S. 2011, Section 1946, as amended by Section 290, Chapter 304, O.S.L. 2012 (59 O.S. Supp. 2012, Section 1946), is amended to read as follows:
Section 1946.  There is hereby created in the State Treasury a revolving fund for the Oklahoma Board of Licensed Behavioral Practitioners Department of Mental Health and Substance Abuse Services, to be designated the "Licensed Behavioral Practitioners Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to this act.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Mental Health and Substance Abuse Services to meet expenses necessary for carrying out the purpose of the Licensed Behavioral Practitioner Act.  Expenditures from the fund shall be approved by the State Commissioner of Mental Health and Substance Abuse Services and shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
SECTION 37.     AMENDATORY     59 O.S. 2011, Section 1947, is amended to read as follows:
Section 1947.  A.  Licensing fees and annual renewal fees shall be amounts fixed by the State Board of Mental Health upon recommendations of the Oklahoma Licensed Behavioral Practitioners Advisory Board and Substance Abuse Services.  The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions of the Licensed Behavioral Practitioner Act and so that excess funds do not accumulate from year to year in the Licensed Behavioral Practitioners Revolving Fund.
B.  1.  The Board shall not fix a license fee at an amount in excess of Three Hundred Dollars ($300.00) and a renewal fee at an amount in excess of Two Hundred Dollars ($200.00).
2.  The fee for the issuance of a license to replace a license which was lost, destroyed, or mutilated shall be Twenty-five Dollars ($25.00).
3.  The fee shall accompany the application for a replacement license.
4.  The fee for specialty designation shall not exceed One Hundred Fifty Dollars ($150.00).
5.  The fee for an examination required pursuant to the Licensed Behavioral Practitioner Act shall not exceed the actual costs incurred by the Department for holding and grading examinations.
SECTION 38.     AMENDATORY     59 O.S. 2011, Section 1948, is amended to read as follows:
Section 1948.  All licensed behavioral practitioners licensed pursuant to the Licensed Behavioral Practitioner Act shall be required to satisfactorily complete ten (10) hours of continuing education credits annually.  The State Department of Mental Health and Substance Abuse Services shall provide forms and require verification of such credits.  Such credits shall be earned from courses on empirically validated procedures, taught by instructors certified by the North American Association of Masters in Psychology, its designees or successors.
SECTION 39.     AMENDATORY     59 O.S. 2011, Section 1949, is amended to read as follows:
Section 1949.  A.  Until January 1, 2002, the State Board of Mental Health and Substance Abuse Services, upon receipt of an applicant's proper application, completion of examination, and payment of fees, shall issue licenses to persons who, prior to January 1, 2002:
1.  Have practiced full time as a behavioral practitioner for at least two (2) years and possess a master's degree from a program in psychology from a college or university accredited by an agency recognized by the United States Department of Education;
2.  Are currently practicing as a behavioral practitioner;
3.  Have satisfactorily completed ten (10) hours of continuing education pursuant to Section 1948 of this title; and
4.  Otherwise comply with the licensure requirements of the Licensed Behavioral Practitioner Act.
B.  The Commissioner of Mental Health and Substance Abuse Services shall consider experience of the applicant prior to application for licensure pursuant to the provisions of this section as a waiver of all or part of the supervised experience requirement required by paragraph 3 of subsection C of Section 1935 of this title.
C.  The Commissioner shall require applicants for licensure pursuant to the provisions of this section to file a Statement of Professional Disclosure as provided by Section 1944 of this title.
SECTION 40.     REPEALER     59 O.S. 2011, Sections 1904, 1925.4 and 1933, are hereby repealed.
SECTION 41.  This act shall become effective November 1, 2013.

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