Okla. Stat. tit. 59, § 59-1730 — OK Code / Title 59 / Section 59-1730
Application for license - Fee - Form - Filing date -
Status: in_force

Qualifications for licensing examination - Notice of receipt.

A. An applicant for a dietitian license shall submit a sworn

application, accompanied by the application fee.

B. The Committee shall prescribe the form of the application

and may by rule establish dates by which applications and fees shall

be received. These rules shall not be inconsistent with rules of

the Board related to application dates of other licenses.

C. To qualify for the licensing examination the applicant

shall:

1. possess a baccalaureate or post baccalaureate degree with a

major course of study in human nutrition, food and nutrition,

dietetics, or food systems management or an equivalent major course

of study approved by the Committee;

2. have completed an internship or preplanned professional

experience program approved by the Committee; and

3. submit to a national, fingerprint-based background check as

described in Section 1727 of this title.

D. Not later than the 45th day after the receipt of a properly

submitted and timely application and not later than the 30th day

before the next examination date, the Board shall notify an

applicant in writing that his or her application and any other

relevant evidence pertaining to applicant qualifications established

by the Board by rule has been received and investigated. The notice

shall state whether the application and other evidence submitted

have qualified the applicant for examination. If the applicant has

not qualified for examination, the notice shall state the reasons

for the lack of qualifications.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1225
Okla. Stat. tit. 59, § 59-567.15 — OK Code / Title 59 / Section 59-567.15
Temporary licenses to nurses from other states -
Status: in_force

Temporary critical need license for nurses.

A. The Oklahoma Board of Nursing may issue temporary licenses

to nurses from other states upon proper application stating the

purpose of such licenses; provided, no temporary license may be

issued for more than ninety (90) days. Temporary licenses may be

renewed at the discretion of the Board but shall not extend over a

period longer than one (1) year.

Oklahoma Statutes - Title 59. Professions and Occupations Page 584

B. The Board may issue temporary critical need licenses for

registered nurses, licensed practical nurses, and Advanced Practice

Registered Nurses under Section 1 of this act.Oklahoma Statutes - Title 59. Professions and Occupations Page 15
Okla. Stat. tit. 59, § 59-567.5 — OK Code / Title 59 / Section 59-567.5
Registered nurses, licensing - Applications -
Status: in_force

Qualifications - Examinations - Licensure without examination - Use

of titles and abbreviations - Violations – Definitions.

A. All applicants for a license to practice as a Registered

Nurse shall be subject to Section 567.8 of this title.

B. An applicant for a license to practice as a Registered Nurse

shall submit to the Oklahoma Board of Nursing certified written

evidence that the applicant:

1. Has completed the basic professional curricula of a school

of nursing approved by a state board of nursing, and holds or is

entitled to hold a diploma or degree therefrom;

2. Has never been convicted of a felony crime that

substantially relates to the occupation of nursing and poses a

reasonable threat to public safety;

3. Has submitted a criminal history records search that

complies with Section 567.18 of this title;

4. Is a minimum of eighteen (18) years of age; and

5. Has met such other qualifications as the Board may prescribe

in its rules.

C. An applicant for a license shall be required to pass a

written examination in such subjects as the Board may determine.

Upon an applicant successfully passing such an examination, the

Board may issue to the applicant a license to practice as a

Registered Nurse. An applicant who fails such examination shall be

subject to reexamination according to the rules of the Board. The

passing criteria shall be established by the Board in its rules.

D. The Board may issue a license to practice nursing as a

registered nurse without examination to an applicant who has been

duly licensed as a Registered Nurse under the laws of another state,

territory, the District of Columbia or a foreign country, if such

applicant meets the qualifications required for licensing as a

Registered Nurse in this state.

E. Any person who holds a license to practice as a registered

nurse in this state shall have the right to use both the title

"Registered Nurse" and the abbreviation "R.N." No other person

shall assume such title or use such abbreviation, or any other

words, letters, signs or figures to indicate that the person using

the same is a registered nurse. Any individual doing so shall be

guilty of a misdemeanor, which shall be punishable, upon conviction,

by imprisonment in the county jail for not more than one (1) year or

by a fine of not less than One Hundred Dollars ($100.00) nor more

Oklahoma Statutes - Title 59. Professions and Occupations Page 569

than One Thousand Dollars ($1,000.00), or by both such imprisonment

and fine for each offense.

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 work with others in the occupation.
Okla. Stat. tit. 59, § 59-1729 — OK Code / Title 59 / Section 59-1729
Fees
Status: in_force

After consultation with the Committee, the Board shall set the

fees imposed by the provisions of the Licensed Dietitian Act in

amounts that are adequate to collect sufficient revenue to meet the

expenses necessary to perform their duties without accumulating an

unnecessary surplus.
Okla. Stat. tit. 59, § 59-480 — OK Code / Title 59 / Section 59-480
Short title - Intent - Definitions
Status: in_force

Sections 481 through 518 of Title 59 of the Oklahoma Statutes

shall be known and may be cited as the "Oklahoma Allopathic Medical

and Surgical Licensure and Supervision Act". It is the intent that

this act shall apply only to allopathic and surgical practices and

to exclude any other healing practices. Allopathy is a method of

treatment practiced by recipients of the degree of Doctor of

Medicine, but specifically excluding homeopathy. The terms

medicine, physician and drug(s) used herein are limited to

allopathic practice.
Okla. Stat. tit. 59, § 59-1151.6 — OK Code / Title 59 / Section 59-1151.6
Application questions - Criminal history records search
Status: in_force

or background check.

A. There shall be a question on the application and renewal

forms requiring the applicant to answer under oath whether or not

the applicant has been convicted of a felony offense in this state,

another state, or any other place, and the nature of that offense

upon which a conviction was imposed. The registrar shall provide

either on the application and renewal forms or by separate notice a

statement describing the requirement under state law to register

upon entering this state to reside or work if the person has been

convicted of a sex offense.

B. Conviction of an offense shall not disqualify a person from

registration as a roofing contractor under this act; provided, the

applicant has truthfully disclosed the conviction and nature of the

offense.

C. When deemed appropriate, the registrar may conduct a

criminal history records search or background check on any applicant

or registered roofing contractor and may investigate the information

submitted on a roofing contractor application or renewal form;

provided, no adverse action may be taken against the person until

the person has been notified and given an opportunity to respond in

writing.

D. The registrar, its agents, employees and assigns shall not be

liable and are granted immunity for the acts or omissions of any

registered roofing contractor or its employees, or for any person’s

failure or omission to properly disclose any information on an

application or renewal form, including, but not limited to, pending

criminal charges, arrests or prior criminal history records,

disclosure of his or her roofing contractor registration status, or

his or her qualifications to perform or act as a roofing contractor.
Okla. Stat. tit. 59, § 59-1921.1 — OK Code / Title 59 / Section 59-1921.1
Enactment of Counseling Compact
Status: in_force

The Counseling Compact is hereby enacted into law and the

Governor shall enter into a compact on behalf of the State of

Oklahoma with any jurisdiction legally joined therein, in the form

substantially as set forth in Section 2 of this act.
Okla. Stat. tit. 59, § 59-698.18 — OK Code / Title 59 / Section 59-698.18
Penalties
Status: in_force

A. It shall be unlawful for any person to practice or attempt

to practice veterinary medicine without a current license or

certificate issued pursuant to the Oklahoma Veterinary Practice Act,

or to knowingly aid or abet another person in the unlicensed

practice or attempted practice of veterinary medicine in this state.

B. Any person who violates any of the provisions of subsection

A of this section shall, upon conviction, be guilty of a misdemeanor

punishable by a fine in an amount not less than Five Hundred Dollars

($500.00), nor more than Five Thousand Dollars ($5,000.00), or by

imprisonment in the county jail for a term of not more than six (6)

months, or by both such fine and imprisonment.
Okla. Stat. tit. 59, § 59-328.60 — OK Code / Title 59 / Section 59-328.60
Citation - Subsequent enactments
Status: in_force

A. Part 2 of Chapter 7 of this title shall be known and may be

cited as the "Oklahoma Dental Mediation Act".

B. All statutes hereinafter enacted and codified in Part 2 of

Chapter 7 of this title shall be considered and deemed part of the

Oklahoma Dental Mediation Act.
Okla. Stat. tit. 59, § 59-3101 — OK Code / Title 59 / Section 59-3101
Short title
Status: in_force

This act shall be known and may be cited as the “Deferred

Deposit Lending Act”.
Okla. Stat. tit. 59, § 59-396.12f — OK Code / Title 59 / Section 59-396.12f
Complaints - Investigation - Hearing - Emergencies -
Status: in_force

Orders - Appeal - Service of instruments.

A. Complaints against any person for alleged violations of the

Funeral Services Licensing Act or of any of the rules issued

pursuant thereto shall be in writing, signed by the complainant and

filed with the executive director of the Oklahoma Funeral Board. In

addition to the general public, any member or employee of the Board,

or the executive director of the Oklahoma Funeral Board, may sign a

complaint for any violation of which the executive director has

knowledge. All complaints shall name the person complained of, and

shall state the time and place of the alleged violations and the

facts of which the complainant has knowledge. Upon receiving a

complaint, the Board shall examine the complaint, and determine

whether there is a reasonable cause to believe the charges to be

true.

Oklahoma Statutes - Title 59. Professions and Occupations Page 386

B. If upon inspection, investigation or complaint, or whenever

the Board determines that there are reasonable grounds to believe

that a violation of the Funeral Services Licensing Act or of any

rule promulgated pursuant thereto has occurred, the Board shall give

written notice to the alleged violator specifying the cause of

complaint. The notice shall require that the matters complained of

be corrected immediately or that the alleged violator appear before

the Board at a time and place specified in the notice and answer the

charges. The notice shall be delivered to the alleged violator in

accordance with the provisions of subsection E of this section.

C. The Board shall afford the alleged violator an opportunity

for a fair hearing in accordance with the provisions of subsection F

of this section not less than fifteen (15) days after receipt of the

notice provided for in subsection B of this section. 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.

The Board shall give written notice of the order to the alleged

violator and to any other persons who appeared at the hearing and

made written request for notice of the order. If the hearing is

held before a hearing officer as provided for in subsection F of

this section, the hearing officer 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

pursuant to Article II of the Administrative Procedures Act, within

thirty (30) days after notice has been sent to the parties.

D. Whenever the Board finds that as a result of a violation of

the Funeral Services Licensing Act or any rule promulgated thereto

an emergency exists requiring immediate action to protect the public

health or welfare, the Board may without notice or hearing issue an

order stating the existence of an emergency and requiring that

action be taken as it deems necessary to meet the emergency. The

order shall be effective immediately. Any person to whom an order

is directed shall comply with the order immediately but on

application to the Board shall be afforded a hearing within ten (10)

days of receipt of the notice. On the basis of a hearing, the Board

shall continue the order in effect, revoke it or modify it. Any

person aggrieved by an order continued after the hearing provided

for in this subsection may appeal to the district court of the

county in which the person resides, or in which the business of the

person is located, within thirty (30) days of the Board's action.

The appeal when docketed shall have priority over all cases pending

on the docket, except criminal cases.

Oklahoma Statutes - Title 59. Professions and Occupations Page 387

E. Except as otherwise expressly provided by law, any notice,

order or other instrument issued by or pursuant to authority of the

Board may be served on any person affected thereby personally, by

publication or by mailing a copy of the notice, order or other

instrument by registered mail directed to the person affected at his

last-known post office address as shown by the files or records of

the Board. Proof of service shall be made as in the case of service

of a summons or by publication in a civil action or may be made by

the affidavit of the person who did the mailing. Proof of service

shall be filed in the office of the Board.

Every certificate or affidavit of service made and filed as

provided for in this subsection shall be prima facie evidence of the

facts therein stated. A certified copy thereof shall have like

force and effect.

F. The hearings authorized by this section may be conducted by

the Board. The Board may designate hearing officers who shall have

the power and authority to conduct hearings in the name of the Board

at any time and place. The hearings shall be conducted in

conformity with and records made thereof pursuant to Article II of

the Administrative Procedures Act.

G. All records on complaints filed against any licensee

pursuant to the Funeral Services Licensing Act shall be exempt from

the Oklahoma Open Records Act unless the Board gave written notice

of the complaint pursuant to subsection B of this section.
Okla. Stat. tit. 59, § 59-1940 — OK Code / Title 59 / Section 59-1940
Representing to be a "Licensed Behavioral Practitioner"
Status: in_force

or "LBP" – Advertisement or offer to perform behavioral health

services without license – Penalties - Injunction.

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 Board of Behavioral

Health Licensure.
Okla. Stat. tit. 59, § 59-1602 — OK Code / Title 59 / Section 59-1602
Purpose
Status: in_force

It is hereby declared to be a policy of this state that, in

order to safeguard the public health, safety and welfare, and to

protect the public from being misled by incompetent, unscrupulous

and unqualified persons, it is necessary to provide regulatory

authority over persons offering speech-language pathology and

audiology services to the public.
Okla. Stat. tit. 59, § 59-1268 — OK Code / Title 59 / Section 59-1268
Rules for proceedings - Subpoenas
Status: in_force

The Board shall adopt rules for its proceedings that will enable

it, without undue delay, to competently determine the facts in each

matter brought before it, and to render a decision in writing

consistent with the intent of this law. The Board shall have the

right to issue subpoenas where required. If the Board's subpoena is

not honored, the Board shall petition a court of competent

jurisdiction to have its subpoena honored. If, upon a hearing in

the court, the demand of the Board is lawful, the court shall enter

an order compelling compliance therewith. Disobedience of such an

order shall be punished as contempt of court.
Okla. Stat. tit. 59, § 59-858-713 — OK Code / Title 59 / Section 59-858-713
Experience required for certification -
Status: in_force

Qualifications.

A. An original certification as a state certified general or a

state certified residential or state licensed appraiser shall not be

issued to any person who does not possess the equivalent of the

minimum requirements of experience promulgated by the Appraiser

Oklahoma Statutes - Title 59. Professions and Occupations Page 765

Qualifications Board of the Appraisal Foundation in real property

appraisal supported by adequate written reports or file memoranda.

Provided, no experience shall be required for a trainee appraiser.

Provided, any state licensed appraiser who becomes state licensed

prior to July 1, 2001, shall not be required to attain the minimum

requirements of experience promulgated by the Appraiser

Qualifications Board to maintain certification as a state licensed

appraiser.

B. Each applicant for certification as a state certified

general or a state certified residential or state licensed appraiser

shall furnish under oath a detailed listing of the real estate

appraisal reports or file memoranda for each year for which

experience is claimed by the applicant. Upon request, the applicant

shall make available to the Real Estate Appraiser Board for

examination, a sample of appraisal reports which the applicant has

prepared in the course of that applicant's appraisal practice.

C. Each applicant for a certification upgrade to a state

certified general or a state certified residential or state licensed

appraiser shall be required to meet the prerequisites for the

certification sought as provided in Section 858-712 of this title

and the minimum requirements promulgated by the Appraiser

Qualifications Board of the Appraisal Foundation as required by

subsection A of this section. The application for a certification

upgrade shall be processed as provided for an application for

original certification, except all applications for certification

upgrades shall be expedited. During the initial review period, all

qualifications and experience including review of sample appraisal

reports submitted shall be considered. Upon completion of the

initial review, the applicant shall be notified as to whether or not

the application for certification upgrade is approved. In the event

an application for a certification upgrade is denied, a second

review shall automatically commence. During a second review, the

applicant may be required to submit different sample appraisal

reports as authorized in subsection B of this section or other

information requested by the Board or reviewer which would tend to

clarify or assist in determining the applicant's qualifications and

experience relating to the certification being sought. Following

the completion of the second review, the applicant shall be notified

in writing by the Board as to whether or not the application for

certification upgrade is approved, and if denied, the notification

shall state recommendations for improving qualifications and

experience and any criteria for reapplication.

D. In order to expedite the application process provided in

this section, the Real Estate Appraiser Board shall employ by

contract, as necessary, a qualified appraiser or appraisers to

review the applicants’ experience for compliance with the minimum

requirements promulgated by the Appraiser Qualifications Board of

Oklahoma Statutes - Title 59. Professions and Occupations Page 766

the Appraisal Foundation as required by subsection A of this

section. In the event the application process cannot be completed

in ninety (90) days, the Real Estate Appraiser Board shall notify

the applicant of the reason for delay or provide an estimated date

for completion of the application process.
Okla. Stat. tit. 59, § 59-1043 — OK Code / Title 59 / Section 59-1043
Nonapplicability to unincorporated areas of state
Status: in_force

This act shall not apply to unincorporated areas of this state.
Okla. Stat. tit. 59, § 59-526 — OK Code / Title 59 / Section 59-526
Definitions
Status: in_force

As used in the Oklahoma Athletic Trainers Act:

1. "Athletic trainer" means a person with the qualifications

specified in Section 530 of this title, whose major responsibility

is the rendering of professional services for the prevention,

emergency care, first aid and treatment of injuries incurred by an

athlete by whatever methods are available, upon written protocol

from the team physician or consulting physician to effect care, or

rehabilitation;

2. "Apprentice athletic trainer" means a person who assists in

the duties usually performed by an athletic trainer under the direct

supervision of a licensed athletic trainer;

3. "Board" means the State Board of Medical Licensure and

Supervision; and

4. "Committee" means the Athletic Trainers Advisory Committee.

Oklahoma Statutes - Title 59. Professions and Occupations Page 506
Okla. Stat. tit. 59, § 59-15.24 — OK Code / Title 59 / Section 59-15.24
Penalties - Reinstatement or termination of suspension
Status: in_force

A. In the event an individual, certified public accountant,

public accountant, firm or entity, after proper notice and hearing,

is found to have violated one or more provisions of the Oklahoma

Oklahoma Statutes - Title 59. Professions and Occupations Page 79

Accountancy Act, the Board may impose one or more of the following

penalties on the offending individual, firm or entity:

1. Revoke any certificate, license, practice privilege or

permit issued pursuant to the provisions of the Oklahoma Accountancy

Act;

2. Suspend any certificate, license, practice privilege or

permit for not more than five (5) years, subject to such terms,

conditions, or limitations as deemed appropriate by the Board;

3. Reprimand a registrant, an individual granted practice

privileges under Section 15.12A of this title, or a firm exempt from

the permit and registration requirements under Section 15.15C of

this title;

4. Place a registrant, an individual granted practice

privileges under Section 15.12A of this title, or a firm exempt from

the permit and registration requirements under Section 15.15C of

this title on probation for a specified period of time, which may be

shortened or lengthened, as the Board deems appropriate;

5. Limit the scope of practice of a registrant, an individual

granted practice privileges under Section 15.12A of this title, or a

firm exempt from the permit and registration requirements under

Section 15.15C of this title;

6. Deny renewal of a permit;

7. Require a preissuance review or accelerated peer review of

the registrant subject to such procedures as the Board deems

appropriate;

8. Require successful completion of continuing professional

educational programs deemed appropriate;

9. Assess a fine not to exceed Ten Thousand Dollars

($10,000.00) for each separate offense; and

10. Require the registrant, individual or entity to pay all

costs incurred by the Board as a result of hearings conducted

regarding accountancy actions of the registrant, individual, or

entity, including, but not limited to, attorney fees, investigation

costs, hearing officer costs, renting of special facilities costs,

and court reporter costs.

B. Upon application in writing, the Board may reinstate a

certificate, license, practice privilege or permit which has been

revoked, or may modify, upon good cause as to why the individual or

entity should be reinstated, the suspension of any certificate,

license, practice privilege or permit.

C. Before reinstating or terminating the suspension of a

certificate, license, practice privilege or permit, or as a

condition to such reinstatement or termination, the Board may

require the applicant to show successful completion of specified

continuing professional education courses.

D. Before reinstating or terminating the suspension of a

certificate, license, practice privilege or permit, or as a

Oklahoma Statutes - Title 59. Professions and Occupations Page 80

condition to such reinstatement or termination, the Board may make

the reinstatement of a certificate, license, or permit conditional

and subject to satisfactory completion of a peer review conducted in

such fashion as the Board may specify.

E. Before reinstating or terminating the suspension of a

certificate or license or as a condition to such reinstatement or

termination, the Board may require the applicant to submit to a

national criminal history records search. The costs associated with

the national criminal history records search shall be paid by the

applicant.

F. The provisions of this section shall not be construed to

preclude the Board from entering into any agreement to resolve a

complaint prior to a formal hearing or before the Board enters a

final order.

G. All monies, excluding costs, collected from civil penalties

authorized in this section, such penalties being enforceable in the

district courts of this state, shall be deposited with the State

Treasurer to be paid into the General Revenue Fund of the state.
Okla. Stat. tit. 59, § 59-888.10 — OK Code / Title 59 / Section 59-888.10
Renewal of license - Continuing education
Status: in_force

A. Licenses under this act shall be subject to annual renewal

and shall expire unless renewed in the manner prescribed by the

rules and regulations of the Board, upon payment of a renewal fee

provided for in Section 11 of this act. The Board may provide for

the late renewal of a license upon payment of a late fee in

accordance with its rules and regulations, but no such late renewal

of a license may be granted more than five (5) years after its

expiration. A hearing before the Board may be required in addition

to a late fee.

B. A suspended license is subject to expiration and may be

renewed as provided in this section, but such renewal shall not

entitle the licensee, while the license remains suspended and until

it is reinstated, to engage in the licensed activity, or in any

conduct or activity in violation of the order or judgment by which

the license was suspended. If a license revoked on disciplinary

grounds is reinstated, the licensee as a condition of reinstatement,

shall pay the renewal fee and any late fee that may be applicable.

C. The Board may establish continuing education requirements to

facilitate the maintenance of current practice skills of all persons

licensed under this act.
Okla. Stat. tit. 59, § 59-1376 — OK Code / Title 59 / Section 59-1376
Confidential communications - Disclosure - Exceptions -
Status: in_force

Threats of patient to self or others - Patient in custody of

Department of Corrections - Law enforcement purposes.

All communications between a licensed psychologist and the

individual with whom the psychologist engages in the practice of

psychology are confidential. At the initiation of the professional

relationship the psychologist shall inform the patient of the

following limitations to the confidentiality of their

communications. No psychologist, colleague, agent or employee of

any psychologist, whether professional, clerical, academic or

therapeutic, shall disclose any information acquired or revealed in

the course of or in connection with the performance of the

psychologist’s professional services, including the fact,

circumstances, findings or records of such services, except under

the following circumstances:

1. Pursuant to the provisions of Section 2503 of Title 12 of

the Oklahoma Statutes or where otherwise provided by law;

2. Upon express, written consent of the patient;

3. Upon the need to disclose information to protect the rights

and safety of self or others if:

a. the patient presents a clear and present danger to

himself and refuses explicitly or by behavior to

voluntarily accept further appropriate treatment. In

such circumstances, where the psychologist has a

reasonable basis to believe that a patient can be

committed to a hospital pursuant to Section 5-401 of

Title 43A of the Oklahoma Statutes, the psychologist

shall have a duty to seek commitment. The

psychologist may also contact members of the patient’s

family, or other individuals if in the opinion of the

psychologist, such contact would assist in protecting

the safety of the patient,

b. the patient has communicated to the psychologist an

explicit threat to kill or inflict serious bodily

injury upon a reasonably identified person and the

patient has the apparent intent and ability to carry

out the threat. In such circumstances the

psychologist shall have a duty to take reasonable

precautions. A psychologist shall be deemed to have

taken reasonable precautions if the psychologist makes

reasonable efforts to take one or more of the

following actions:

(1) communicates a threat of death or serious bodily

injury to the reasonably identified person,

(2) notifies an appropriate law enforcement agency in

the vicinity where the patient or any potential

victim resides,

Oklahoma Statutes - Title 59. Professions and Occupations Page 1087

(3) arranges for the patient to be hospitalized

voluntarily, or

(4) takes appropriate steps to initiate proceedings

for involuntary hospitalization pursuant to law,

c. the patient has a history of physical violence which

is known to the psychologist and the psychologist has

a reasonable basis to believe that there is a clear

and imminent danger that the patient will attempt to

kill or inflict serious bodily injury upon a

reasonably identified person. In such circumstances

the psychologist shall have a duty to take reasonable

precaution. A psychologist shall be deemed to have

taken reasonable precautions if the psychologist makes

reasonable efforts to take one or more of the

following actions:

(1) communicates a threat of death or serious bodily

injury to the reasonably identified person,

(2) notifies an appropriate law enforcement agency in

the vicinity where the patient or any potential

victim resides,

(3) arranges for the patient to be hospitalized

voluntarily,Oklahoma Statutes - Title 59. Professions and Occupations Page 30

C. Each license shall remain in full force and effect until relinquished, suspended, revoked or

expired. Every licensee, on or before each December 1, shall pay the Administrator an annual fee

for the succeeding calendar year. The license shall expire December 31 of any year for which ann reasonable precautions if the psychologist makes

reasonable efforts to take one or more of the

following actions:

(1) communicates a threat of death or serious bodily

injury to the reasonably identified person,

(2) notifies an appropriate law enforcement agency in

the vicinity where the patient or any potential

victim resides,

(3) arranges for the patient to be hospitalized

voluntarily,

(4) takes appropriate steps to initiate proceedings

for involuntary hospitalization pursuant to law,

d. nothing contained in subparagraph b of this paragraph

shall require a psychologist to take any action which,

in the exercise of reasonable professional judgment,

would endanger the psychologist or increase the danger

to a potential victim or victims, or

e. the psychologist shall only disclose that information

which is essential in order to protect the rights and

safety of others;

4. In order to collect amounts owed by the patient for

professional services rendered by the psychologist or employees of

the psychologist. Provided, the psychologist may only disclose the

nature of services provided, the dates of services, the amount due

for services and other relevant financial information. If the

patient raises as a defense to said action, a substantive assertion

concerning the competence of the psychologist or the quality of the

services provided, the psychologist may disclose whatever

information is necessary to rebut such assertion;

5. In any proceeding brought by the patient against the

psychologist and in any malpractice, criminal or license revocation

proceeding in which disclosure is necessary or relevant to the claim

or defense of the psychologist;

6. In such other situations as shall be defined by the rules

and regulations of the Board; or

Oklahoma Statutes - Title 59. Professions and Occupations Page 1088

7. When the patient is an inmate in the custody of the

Department of Corrections or a private prison or facility under

contract with the Department of Corrections, and the release of the

information is necessary:

a. to prevent or lessen a serious and imminent threat to

the health or safety of a person or the public, and it

is to a person or persons reasonably able to prevent

or lessen the threat, including the target of the

threat, or

b. for law enforcement authorities to identify or

apprehend an individual where it appears from all the

circumstances that the individual has escaped from a

correctional institution or from lawful custody.
Okla. Stat. tit. 59, § 59-1212 — OK Code / Title 59 / Section 59-1212
Ineligibility for registration
Status: in_force

No person shall qualify as a registered forester unless the

person graduated from a university or college with a curriculum in

forestry acceptable to the Oklahoma Department of Agriculture, Food,

and Forestry, including one three-credit course in each of the

following subjects: silviculture, forest protection, forest

management, forest economics, and forest utilization, and who has a

Oklahoma Statutes - Title 59. Professions and Occupations Page 954

record of an additional two (2) years or more of experience in

forestry work of a character satisfactory to the Department, and

indication that the applicant is competent to practice professional

forestry.
Okla. Stat. tit. 59, § 59-698.2 — OK Code / Title 59 / Section 59-698.2
Definitions
Status: in_force

As used in the Oklahoma Veterinary Practice Act:

1. "Board" means the State Board of Veterinary Medical

Examiners;

2. "Animal" means any animal other than humans and includes,

but is not limited to, fowl, fish, birds and reptiles, wild or

domestic, living or dead;

3. "Veterinarian" means a person who has received a degree in

veterinary medicine or its equivalent from a school of veterinary

medicine;

4. "Licensed veterinarian" means any veterinarian who holds an

active license to practice veterinary medicine in this state;

5. "School of veterinary medicine" means any veterinary college

or division of a university or college that offers the degree of

doctor of veterinary medicine or its equivalent, which conforms to

the standards required for accreditation by the American Veterinary

Oklahoma Statutes - Title 59. Professions and Occupations Page 650

Medical Association (AVMA) and which is recognized and approved by

the Board;

6. "Veterinary technician" means a person who has graduated

from a program accredited by the American Veterinary Medical

Association, or its equivalent which is recognized and approved by

the Board, and who has passed the examination requirements set forth

by the Board, and is certified to practice under the direct

supervision of a licensed veterinarian. For the purpose of the

Oklahoma Veterinary Practice Act, "registered veterinary technician

(RVT)" will be used interchangeably with veterinary technician who

is certified pursuant to Sections 698.21 through 698.26 of this

title;

7. "Veterinary technologist" means a person who has

successfully graduated from an AVMA-accredited bachelor degree

program of veterinary technology, or its AVMA equivalent;

8. "Veterinary assistant" means an individual who may perform

the duties of a veterinary technician or veterinary technologist;

however, has not graduated from an AVMA-accredited technology

program or its equivalent, and has not been certified by the Board;

9. "Veterinary technology" means the science and art of

providing all aspects of professional medical care, services and

treatment for animals with the exception of diagnosis, prognosis,

surgery and prescription of any treatments, drugs, medications or

appliances, where a valid veterinarian-client-patient relationship

exists;

10. "Direct supervision" means:

a. directions have been given to a veterinary technician,

nurse, laboratory technician, intern, veterinary

assistant or other employee for medical care following

the examination of an animal by the licensed

veterinarian responsible for the professional care of

the animal, or

b. that, under certain circumstances following the

examination of an animal by a licensed veterinarian

responsible for the professional care of the animal,

the presence of the licensed veterinarian on the

premises in an animal hospital setting or in the same

general area in a range setting is required after

directions have been given to a veterinarian who has a

certificate issued pursuant to Section 698.8 of this

title;

11. "License" means authorization to practice veterinary

medicine granted by the Board to an individual found by the Board to

meet certain requirements pursuant to the Oklahoma Veterinary

Practice Act or any other applicable statutes;

12. "Supervised Doctor of Veterinary Medicine Certificate"

means authorization to practice veterinary medicine with certain

Oklahoma Statutes - Title 59. Professions and Occupations Page 651

limitations or restrictions on that practice, set by the Board or

authorization to perform certain enumerated functions peripheral to

the practice of veterinary medicine as set by the Board and has a

certificate issued pursuant to Section 698.8 of this title;

13. "Veterinarian-client-patient relationship" means when:

a. the licensed veterinarian has assumed the

responsibility for making medical judgments regarding

the health of an animal or animals and the need for

medical treatment, and the client, owner or other

caretaker has agreed to follow the instructions of the

licensed veterinarian, and

b. there is sufficient knowledge of the animal or animals

by the licensed veterinarian to initiate at least a

general or preliminary diagnosis of the medical

condition of the animal or animals in that:

(1) the licensed veterinarian has recently seen or is

personally acquainted with the keeping and care

of the animal or animals, or

(2) the licensed veterinarian has made medically

necessary and timely visits to the premises where

the animal or animals are kept or both, and

c. the licensed veterinarian is readily available for

follow-up in case of adverse reactions or failure of

the regimen of therapy, or has arranged for emergency

medical coverage, and

d. the licensed veterinarian's actions would conform to

applicable federal law and regulations;

14. "Veterinary premises" means any facility where the practice

of veterinary medicine occurs including, but not limited to, a

mobile unit, mobile clinic, outpatient clinic, satellite clinic,

public service outreach of a veterinary facility or veterinary

hospital or clinic. The term "veterinary premises" shall not

include the premises of a client of a licensed veterinarian or

research facility;

15. "Veterinary prescription drugs" means such prescription

items as are in the possession of a person regularly and lawfully

engaged in the manufacture, transportation, storage or wholesale or

retail distribution of veterinary drugs and the federal Food and

Drug Administration-approved human drugs for animals which because

of their toxicity or other potential for harmful effects, or method

of use, or the collateral measures necessary for use, are labeled by

the manufacturer or distributor in compliance with federal law and

regulations to be sold only to or on the prescription order or under

the supervision of a licensed veterinarian for use in the course of

professional practice. Veterinary prescription drugs shall not

include over-the-counter products for which adequate directions for

lay use can be written;

Oklahoma Statutes - Title 59. Professions and Occupations Page 652

16. "ECFVG certificate" means a certificate issued by the

American Veterinary Medical Association Education Commission for

Foreign Veterinary Graduates, indicating that the holder has

demonstrated knowledge and skill equivalent to that possessed by a

graduate of an accredited or approved college of veterinary

medicine;

17. "Executive Director" means the Executive Director of the

State Board of Veterinary Medical Examiners or the authorized

representative of such official;

18. "Telemedicine" or "telehealth" means the practice of

veterinary medicine including diagnosis, consultation, evaluation,

treatment, transfer of medical data or exchange of information by

means of a two-way, real-time interactive communication between a

client or patient and a veterinarian with access to and reviewing

the patient's relevant information prior to the telemedicine visit.

Telemedicine or telehealth shall not include consultations provided

by telephone audio-only communication. A veterinarian using

telehealth technologies shall take appropriate steps to establish

the veterinarian-client-patient relationship and conduct all

appropriate evaluations and history of the patient consistent with

traditional standards of care for the particular patient

presentation. A veterinarian shall be licensed, or under the

jurisdiction of, the veterinary board of the jurisdiction where the

patient is located. The practice of medicine occurs where the

patient is located at the time telehealth technologies are used;

19. "Person" means any individual, firm, partnership,

association, joint venture, cooperative, corporation or any other

group or combination acting in concert, and whether or not acting as

a principal, trustee, fiduciary, receiver or as any other kind of

legal or personal representative, or as the successor in interest,

assignee, agent, factor, servant, employee, director, officer,

fictitious name certificate or any other representative of such

person;

20. "Food animal" means any mammalian, poultry, fowl, fish or

other animal that is raised primarily for human food consumption;

21. "Surgery" means the branch of veterinary science conducted

under elective or emergency circumstances, which treats diseases,

injuries and deformities by manual or operative methods including,

but not limited to, cosmetic, reconstructive, ophthalmic,

orthopedic, vascular, thoracic and obstetric procedures. The

provisions in Section 698.12 of this title shall not be construed as

surgery;

22. "Abandonment" means to forsake entirely or to neglect or

refuse to provide or perform the legal obligations for care and

support of an animal by its owner, or the owner's agent.

Abandonment shall constitute the relinquishment of all rights and

claims by the owner to an animal;

Oklahoma Statutes - Title 59. Professions and Occupations Page 653

23. "Animal chiropractic diagnosis and treatment" means

treatment that includes vertebral subluxation complex (VSC) and

spinal manipulation of nonhuman vertebrates. The term "animal

chiropractic diagnosis and treatment" shall not be construed to

allow the:

a. use of x-rays,

b. performing of surgery,

c. dispensing or administering of medications, or

d. performance of traditional veterinary care;

24. "Animal euthanasia technician" means an employee of a law

enforcement agency, an animal control agency or animal shelter that

is recognized and approved by the Board, who is certified by the

Board and trained to administer sodium pentobarbital to euthanize

injured, sick, homeless or unwanted domestic pets and other animals;

25. "Teeth floating", as provided by a nonveterinary equine

dental care provider, means the removal of enamel points and the

smoothing, contouring and leveling of dental arcades and incisors of

equine and other farm animals. It shall not include dental

procedures on canines and felines;

26. "Nonveterinary reproductive services" means nonveterinary

services provided by an individual certified by the Board as a

nonveterinary reproductive services technician, and involves and

shall be limited to nonsurgical embryo transfer in ruminating

animals including cattle, sheep, goats, farmed deer and other

ruminating exotic animals such as those found in zoos, and may

include basic ultrasonography of their ovaries to evaluate the

response to embryo-transfer-associated procedures and of the uterus

to determine pregnancy by the detection of a heartbeat within the

transferred embryo at or greater than twenty-eight (28) days of

gestation of such ruminating animals;

27. "Embryo transfer" means the biosecure process of inducing

increased ovulations within a donor female for the in vivo

production of embryos, the flushing of those embryos, collecting,

grading and transferring of those embryos to recipient females or

the cryopreservation of those embryos for storage and later transfer

to recipient females;

28. "Animal Technology Advisory Committee" means the advisory

committee established by the Board pursuant to Section 698.30b of

this title to advise and make recommendations to the Board regarding

any new and evolving technology, procedure, method or practice that

may be considered or otherwise designated as an act of animal

husbandry that should be included as an act not prohibited in

paragraph 1 of Section 698.12 of the Oklahoma Veterinary Practice

Act. Reference to the advisory committee in this act shall mean the

Animal Technology Advisory Committee;

Oklahoma Statutes - Title 59. Professions and Occupations Page 654

29. "Examination Committee" means the committee established and

described in subsection D of Section 698.30a of this title related

to nonveterinary reproductive services; and

30. "Probable Cause Committee" means the committee consisting

of the Board's secretary or treasurer, investigator and attorney to

negotiate and settle disputes in accordance with the Oklahoma

Veterinary Practice Act.
Okla. Stat. tit. 59, § 59-889.4 — OK Code / Title 59 / Section 59-889.4
State Board of Medical Licensure and Supervision duties
Status: in_force

The State Board of Medical Licensure and Supervision shall:

1. Appoint all members of the Committee. The Committee shall

consist of persons familiar with the practice of music therapy to

provide the Board with expertise and assistance in carrying out his

or her duties pursuant to the Music Therapy Practice Act;

2. Consult with the Committee prior to setting or changing fees

in this act; and

3. Seek the advice of the Committee for issues related to music

therapy.
Okla. Stat. tit. 59, § 59-46.7v2 — OK Code / Title 59 / Section 59-46.7v2
Powers and duties of Board
Status: in_force

In addition to the other powers and duties imposed by law, the

Board of Governors of the Architects, Landscape Architects and

Licensed Interior Designers of Oklahoma shall have the power and

duty to:

1. Prescribe such rules and to make such orders, as it may deem

necessary or expedient in the performance of its duties;

2. Prepare, conduct, and grade examinations of persons who

shall apply for the issuance of licenses to them, and to promulgate

such rules with reference thereto as it may deem proper as a portion

used to determine competency for the issuance of licenses;

3. Work with nationally recognized licensing organizations to

prepare, conduct, and grade examinations, written or oral, of

persons who shall apply for the issuance of licenses;

4. Determine the satisfactory passing score on examinations and

issue licenses to persons who shall have passed examinations, or who

shall otherwise be entitled thereto;

5. Determine eligibility for licenses and certificates of

authority and issue them;

6. Promulgate rules to govern the issuing of reciprocal

licenses;

7. Upon good cause shown, as hereinafter provided, deny the

issuance of a license or certificate of authority or suspend,

revoke, refuse to renew or issue probation orders for licenses,

and/or require additional educational coursework and determine when

the objectives have been met;

8. Upon proper showing, reinstate or conditionally reinstate

licenses or certificates of authority previously issued;

9. Review, affirm, reverse, vacate or modify its order with

respect to any such denial, suspension, revocation, probation and/or

educational coursework requirements or refusal to renew;

10. Prescribe rules governing proceedings for the denial of

issuance of a license or certificate of authority, suspension,

revocation or refusal to renew, to issue probation orders and/or

require additional educational coursework and determine when the

objectives have been met for cause, and reinstate them;

11. Prescribe such penalties, as it may deem proper, to be

assessed against holders of licenses or certificates of authority

for the failure to pay the biennial fee hereinafter provided for;

Oklahoma Statutes - Title 59. Professions and Occupations Page 101

12. Levy civil penalties plus the legal costs incurred by the

Board to prosecute the case against any person or entity who shall

violate any of the provisions of the State Architectural and

Licensed Interior Designers Act, or any rule promulgated pursuant

thereto;

13. Obtain an office, secure such facilities, and employ,

direct, discharge and define the duties and set the salaries of such

office personnel and set the salaries of such unclassified and

exempt office personnel as deemed necessary by the Board;

14. Initiate disciplinary action, prosecute and seek

injunctions against any person or entity who has violated any of the

provisions of the State Architectural and Licensed Interior

Designers Act or any rule of the Board promulgated pursuant to said

act and against the owner/developer of the building type not exempt;

15. Investigate alleged violations of the State Architectural

and Licensed Interior Designers Act or of the rules, orders or final

decisions of the Board;

16. Promulgate rules of conduct governing the practice of

architects, landscape architects and licensed interior designers;

17. Keep accurate and complete records of proceedings, and

certify the same as may be appropriate;

18. Whenever it deems it appropriate, confer with the Attorney

General or the Attorney General's assistants in connection with all

legal matters and questions. The Board may also retain an attorney

who is licensed to practice law in this state. The attorney shall

serve at the pleasure of the Board for such compensation as may be

provided by the Board. The attorney shall advise the Board and

perform legal services for the Board with respect to any matters

properly before the Board. In addition to the above, the Board may

employ hearing examiners to conduct administrative hearings under

the provisions of the Administrative Procedures Act;

19. Prescribe by rules, fees to be charged as required by this

act;

20. Adopt rules providing for a program of continuing education

in order to ensure that all architects, landscape architects, and

licensed interior designers remain informed of those technical and

professional subjects that the Board deems appropriate. The Board

may by rule describe the methods by which the requirements of such

program may be satisfied. Failure to meet such requirements of

continuing education shall result in nonrenewal of the license

issued to the architect, landscape architect, or licensed interior

designer;

21. Adopt rules regarding requirements for intern development

as a prerequisite for licensure;

22. Give scholarships, as determined by the Board, to an

individual or individuals advancing toward obtaining an accredited

National Architectural Accreditation Board, Landscape Architectural

Oklahoma Statutes - Title 59. Professions and Occupations Page 102

Accreditation Board or Council for Interior Design Accreditation

degree in one of these three professions in an Oklahoma higher

education institution; and

23. Take such other action as may be reasonably necessary or

appropriate to effectuate the State Architectural and Licensed

Interior Designers Act. The Board may, at its discretion, contract

with other state agencies and nonprofit corporations for the

endowment, management, and administration of scholarships. The

requirements of such scholarships shall be determined by the Board.

However, nothing contained herein shall be construed as requiring

the Board to endow or award any scholarship.
Okla. Stat. tit. 59, § 59-1327 — OK Code / Title 59 / Section 59-1327
Surrender of defendant prior to breach - Defendant in
Status: in_force

custody in another jurisdiction - Recommitment of defendant -

Exoneration of bond in original court.

A. At any time before there has been a breach of the

undertaking in any type of bail provided herein, the surety or

bondsman or a licensed bail enforcer pursuant to a client contract

authorized by the Bail Enforcement and Licensing Act may surrender

Oklahoma Statutes - Title 59. Professions and Occupations Page 1038

the defendant, or the defendant may surrender himself or herself, to

the official to whose custody the defendant was committed at the

time bail was taken, or to the official into whose custody the

defendant would have been given had he or she been committed. The

defendant may be surrendered without the return of premium for the

bond if he or she has been guilty of nonpayment of premium, changes

address without notifying his or her bondsman, conceals himself or

herself, leaves the jurisdiction of the court without the permission

of his or her bondsman, or violates his or her contract with the

bondsman in any way that does harm to the bondsman, or the surety,

or violates his or her obligation to the court. When a bondsman or

surety, or a licensed bail enforcer, surrenders a defendant pursuant

to this subsection, the bondsman or surety shall file written

notification of the surrender. After surrender, and upon filing of

written notification of the surrender with the court clerk, the bond

shall be exonerated and the clerk shall enter a minute in the case

exonerating the bond.

B. 1. If the defendant has been placed in custody of another

jurisdiction, the district attorney shall direct a hold order to the

official, judge or law enforcement agency where the defendant is in

custody. All reasonable expenses accrued in returning the defendant

to the original court shall be borne by the bondsman who posted the

bond with that court; provided, however, except for instances

whereby the defendant is transported by a contracted transport

company, reasonable expenses shall mean the actual miles traveled in

transporting the defendant at a rate equal to the current Internal

Revenue Service standard mileage rate. Upon application, the bond

in the original court shall be exonerated when the hold order is

placed and upon proof of guarantee of payment of expenses by the

bondsman.

2. Except as provided for in paragraph 3 of this subsection,

the premium for a bail bond shall be considered earned by the

bondsman or the insurer, as applicable, when the defendant on the

bond is released from custody and is not incarcerated in any

capacity. If the bond premium has not been earned pursuant to the

terms of this section, the payor of the premium or the depositor of

any collateral, as applicable, may request the return of the premium

or collateral given to the bondsman for the bond. The bondsman

shall return any premium and collateral without delay. If a

bondsman returns the premium to the payor pursuant to this section,

he or she may charge a usual, customary, and reasonable fee for his

or her services provided in the transaction.

3. The premium for a bail bond shall be considered earned by

the bondsman, regardless of whether the defendant on the bond is

released from custody, if the bondsman and the payor of the bond

premium have agreed in writing that the purpose of the bond is to

Oklahoma Statutes - Title 59. Professions and Occupations Page 1039

secure the transfer of the defendant to another jurisdiction and the

defendant is in fact transferred to that jurisdiction.

C. If the defendant has been arrested on new charges and is in

the custody of the same jurisdiction in which the bondsman or surety

has posted an appearance bond or bonds for the defendant, and the

bond or bonds have not been exonerated, and certified copies of

bonds are not reasonably available, the bondsman or surety may

recommit the defendant to be held in custody on the charges for

which the bondsman or surety has previously posted appearance bonds

thereon, in accordance with the following procedure:

1. On a Recommitment of Defendant by Bondsman form approved by

the Administrative Office of the Courts, the bondsman or surety

shall personally affix his or her signature to an affidavit

attesting to the following:

a. the defendant is presently in the custody of the

jurisdiction in which the bondsman or surety has

posted a bond or bonds,

b. the case number, if any, assigned to each bond,

c. that the bond or bonds have not been exonerated, and

d. the specific charges and bond amount or amounts;

2. The bondsman or surety shall present the Recommitment of

Defendant by Bondsman form to the official in whose custody the

defendant is being held, and the official shall detain the defendant

in his or her custody, thereon, as upon a commitment, and by a

certificate in writing acknowledging the surrender; and

3. When a bondsman or surety recommits a defendant pursuant to

this subsection, the bondsman or surety shall file a written

notification thereof to the court, and after such notification, the

bond or bonds shall be exonerated, and the clerk shall enter a

minute in the case exonerating the bond or bonds.

D. 1. When a defendant does appear before the court as

required by law and enters a plea of guilty or nolo contendere, is

sentenced or a deferred sentence is granted as provided for in

Section 991c of Title 22 of the Oklahoma Statutes, or deferred

prosecution is granted as provided by law, in such event the

undertaking and bondsman and insurer shall be exonerated from

further liability.

2. A bond posted for a petition for revocation of a suspended

sentence, a petition for acceleration of a deferred sentence or any

violation of a probationary term shall be exonerated by operation of

law when:

a. the defendant has confessed, stipulated or otherwise

agreed to the factual basis of the violation of

probation,

b. the suspended sentence is revoked in whole or part,

c. the deferred sentence is accelerated in whole or part,

or

Oklahoma Statutes - Title 59. Professions and Occupations Page 1040

d. any additional sanction is imposed by the court.

E. The bond shall be exonerated by operation of law in any case

in which the defendant has been arrested on new charges or on any

warrant in the same jurisdiction in which the bondsman or insurer

has posted the appearance bond or bonds for the defendant, and the

defendant has been subsequently released on his or her own personal

recognizance or a pretrial release has been authorized by the court.

F. The bond shall be exonerated by operation of law in any case

in which the defendant has been arrested and there is an added

charge to a case that would result in a higher fine or longer term

of sentence if convicted, or an amendment to a charge that would

result in a higher fine or longer term of sentence if convicted;

provided, however, any premium paid by the defendant to the bondsman

or insurer from the original charge shall be at the same premium

rate and shall be credited to the defendant if the same bondsman or

insurer posts the appearance bond or bonds on the added or amended

charge.

G. For purposes of this section, a “usual, customary, and

reasonable fee” means a charge to the payor that is based on the

amount of time spent by the bondsman or his or her employees

researching, drafting, and executing the bail bond. Such fee shall

be detailed in a written document provided to the payor.

H. The court shall not issue an order modifying the terms of a

previously set bond unless the order has also been signed by the

bail bondsman, bail bondsman surety, or both acknowledging the

changes made to the bond prior to the defendant’s release. Failure

to provide this notice shall exonerate the bond by operation of law.
Okla. Stat. tit. 59, § 59-519.11 — OK Code / Title 59 / Section 59-519.11
Construction of act
Status: in_force

A. Nothing in the Physician Assistant Act shall be construed to

prevent or restrict the practice, services or activities of any

persons of other licensed professions or personnel supervised by

licensed professions in this state from performing work incidental

to the practice of their profession or occupation, if that person

does not represent himself or herself as a physician assistant.

Oklahoma Statutes - Title 59. Professions and Occupations Page 503

B. Nothing stated in the Physician Assistant Act shall prevent

any hospital from requiring the physician assistant or the

delegating physician to meet and maintain certain staff appointment

and credentialing qualifications for the privilege of practicing as,

or utilizing, a physician assistant in the hospital.

C. Nothing herein shall be construed to require licensure under

the Physician Assistant Act of a physician assistant student

enrolled in a physician assistant educational program accredited by

the Accreditation Review Commission on Education for the Physician

Assistant.

D. Notwithstanding any other provision of law, no one who is

not a physician licensed to practice medicine in this state may

perform acts restricted to such physicians pursuant to the

provisions of Section 1-731 of Title 63 of the Oklahoma Statutes.

This subsection is inseverable.

E. Nothing in the Physician Assistant Act shall limit the

activities of a physician assistant in the performance of their

duties if the physician assistant is employed by or under contract

with the United States Department of Veterans Affairs or if the

physician assistant is employed by, under contract with, or

commissioned by one of the uniformed services; provided, the

physician assistant must be currently licensed in this state or any

other state or currently credentialed as a physician assistant by

the United States Department of Veterans Affairs or the applicable

uniformed service. Any physician assistant who is employed by or

under contract with the United States Department of Veterans Affairs

or is employed by, under contract with, or commissioned by one of

the uniformed services and practices outside of such employment,

contract, or commission shall be subject to the Physician Assistant

Act while practicing outside of such employment, contract, or

commission. As used in this subsection, "uniformed services" shall

have the same meaning as provided by Title 10 of the United States

Code.
Okla. Stat. tit. 59, § 59-1925.10 — OK Code / Title 59 / Section 59-1925.10
Advertisement, self description or practice of marital
Status: in_force

or family therapy without license.

Commencing September 1, 1991, no person who is not licensed

under this act shall:

1. Advertise the performance of marital and family therapy

service by such person unless pursuant to another professional

license in accordance with Oklahoma Statutes;

2. Use a title or description such as "licensed marital or

family therapist", or any other name, style or description denoting

that the person is a licensed marital and family therapist; or

3. Practice marital and family therapy except as provided for

in subsection B of Section 3 of this act.
Okla. Stat. tit. 59, § 59-858-718 — OK Code / Title 59 / Section 59-858-718
Address of appraiser's principal place of business -
Status: in_force

Notification of change - Residence addresses.

A. Each trainee, state licensed, state certified residential or

state certified general real estate appraiser shall advise the Real

Estate Appraiser Board of the address of that appraiser's principal

place of business and all other addresses at which such appraiser is

currently engaged in the business of preparing real property

appraisal reports.

B. Whenever a trainee, state licensed, state certified

residential or state certified general real estate appraiser changes

a place of business, that appraiser shall immediately give written

notification of the change to the Board.

C. Every trainee, state licensed, state certified residential

or state certified general real estate appraiser shall notify the

Board of that appraiser's current residence address. Residence

addresses on file with the Board are exempt from disclosure as

public records.
Okla. Stat. tit. 59, § 59-328.23a — OK Code / Title 59 / Section 59-328.23a
Special volunteer licenses
Status: in_force

A. There is established a special volunteer license for

dentists and a special volunteer license for dental hygienists who

are retired from active practice or out-of-state licensees in active

practice who are in the Oklahoma Medical Reserve Corps or assisting

with emergency management, emergency operations or hazard mitigation

in response to any emergency, man-made disaster or natural disaster,

or participating in public health initiatives, disaster drills and

community service events that are endorsed by a city or county

health department or the State Department of Health and wish to

donate their expertise for the dental care and treatment of indigent

Oklahoma Statutes - Title 59. Professions and Occupations Page 228

and needy persons of the state. A special volunteer license may

also be issued for any live patient training approved by the Board

of Dentistry. The special volunteer license shall be:

1. Issued by the Board of Dentistry to eligible persons;

2. Issued without the payment of an application fee, license

fee or renewal fee;

3. Issued or renewed without any continuing education

requirements for a period less than one (1) calendar year; and

4. Issued for one (1) calendar year or part thereof.

B. A special volunteer license may be issued for a dentist or

dental hygienist who is on active duty military service. This

license shall not be subject to paragraph 4 of subsection A of this

section and may be issued for the time period of the tour of duty.

C. A dentist or dental hygienist must meet the following

requirements to be eligible for a special volunteer license:

1. Completion of a special volunteer dental or dental hygiene

license application including documentation of the dental or dental

hygiene school graduation and practice history;

2. Documentation that the dentist or dental hygienist has been

previously issued a full and unrestricted license to practice

dentistry or dental hygiene in this state or in another state of the

United States and that he or she has never been the subject of any

reportable medical or dental disciplinary action in any

jurisdiction. If the dentist or dental hygienist is licensed in

more than one state and any license of the licensee is suspended,

revoked, or subject to any agency order limiting or restricting

practice privileges, or has been voluntarily terminated under threat

of sanction, the dentist or dental hygienist shall be ineligible to

receive a special volunteer license;

3. Acknowledgement and documentation that the dentist’s or

dental hygienist’s practice under the special volunteer license will

be exclusively and totally devoted to providing dental care to needy

and indigent persons in this state;

4. Acknowledgement and documentation that the dentist or dental

hygienist will not receive or have the expectation to receive any

payment or compensation, either direct or indirect, for any dental

services rendered under the special volunteer license; and

5. A listing of all locations and dates that the person will be

completing volunteer work under the special volunteer license.

D. The Board of Dentistry shall have jurisdiction over

dentists, dental hygienists, dental assistants and dental

technicians who volunteer their professional services in the state.

Dental assistants and dental technicians shall work under the direct

supervision of a dentist.

E. Dental assistants may be issued a volunteer permit at the

request of an entity that provides dental services to the needy.

Volunteers in a volunteer initiative who are not dentists or dental

Oklahoma Statutes - Title 59. Professions and Occupations Page 229

hygienists shall be named and provided on a list to the Board by the

entity hosting the volunteer initiative with any other requirements

as set forth by the Board. The Board shall provide written

documentation to the host entity designating all persons who may

participate in the volunteer initiative including authorization of

the timetable requested by the host entity for granting licensure

exemption. Any person working under a volunteer dental assistant

permit shall not receive payment or compensation for any services

rendered under the volunteer dental assistant permit. Volunteer

dental assistant permits shall be limited to specific dates and

locations of services to be provided.

F. All persons providing care shall do so under the provisions

specified in Section 328.1 et seq. of this title or rules

promulgated by the Board. Only those functions authorized by law or

administrative rule shall be performed by the named person approved

by the Board.

G. Volunteers shall not use sedation or general anesthesia

during volunteer procedures.

H. Volunteers shall use a form to be provided by the Board for

any patient with clear instructions for any and all follow-up care.

I. At any time, the Board shall revoke a volunteer license

based on documentation of failure to participate according to state

laws or administrative rules.

J. A special volunteer license shall be restricted to services

provided at the locations listed on the application or for a

specific not-for-profit treatment provider group as approved by the

Board.

K. A special volunteer license may be issued to a dentist with

an active license in good standing in another state for the purpose

of participating in a continuing education class that includes live

patient treatment as a part of the training program.
Okla. Stat. tit. 59, § 59-2009 — OK Code / Title 59 / Section 59-2009
Violations - Penalties - Other consumer protection laws - Acts covered - Administrative
Status: in_force

Oklahoma Statutes - Title 59. Professions and Occupations Page 38Acts covered - Administrative hearings.

A. Any person who engages in business as a health spa without

first being properly registered with the Administrator of Consumer

Credit as prescribed in the Oklahoma Health Spa Act or who otherwise

violates any provision of the Oklahoma Health Spa Act, upon

conviction, shall be guilty of a misdemeanor and shall be punished

by the imposition of a fine not to exceed Five Thousand Dollars

($5,000.00) or imprisonment in the county jail for not more than one

(1) year, or by both such fine and imprisonment.

B. The provisions of Title 14A of the Oklahoma Statutes shall

also apply to those health spas registered pursuant to the Oklahoma

Health Spa Act.

C. The Oklahoma Health Spa Act shall only govern those health

spa contracts or membership agreements executed after November 1,

1987.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1409

D. The Administrator shall appoint an independent hearing

examiner to conduct all administrative hearings involving alleged

violations of the Oklahoma Health Spa Act. The independent hearing

examiner shall have authority to exercise all powers granted by

Article II of the Administrative Procedures Act in conducting

hearings. The independent hearing examiner shall have authority to

recommend penalties authorized by the Oklahoma Health Spa Act and

issue proposed orders, with proposed findings of fact and proposed

conclusions of law, to the Administrator pursuant to Article II of

the Administrative Procedures Act. The Administrator shall review

the proposed order and issue a final agency order in accordance with

Article II of the Administrative Procedures Act. A final agency

order issued by the Administrator shall be appealable by all parties

to the district court as provided in Article II of the

Administrative Procedures Act. The costs of the hearing examiner

may be assessed by the hearing examiner against the respondent,

unless the respondent is the prevailing party.

E. After notice and hearing, the Administrator may decline to

renew a registration, or suspend or revoke any registration issued

pursuant to the Oklahoma Health Spa Act or any rules promulgated by

the Administrator, or in lieu of or in addition to such denial,

suspension or revocation, order the refund of any unlawful charges,

or enter a cease and desist order.

F. Any entity or individual offering to engage or engaged as a

health spa in this state without a license shall be subject to a

civil penalty not to exceed Five Thousand Dollars ($5,000.00).

G. The Administrator may impose a civil penalty as prescribed

in subsection F of this section, after notice and hearing in

accordance with Article II of the Administrative Procedures Act.

Any administrative order or settlement agreement imposing a civil

penalty pursuant to this section may be enforced as in the same

manner as civil judgments in this state. The Administrator may file

an application to enforce an administrative order or settlement

agreement imposing a civil penalty in the district court of Oklahoma

County.
Okla. Stat. tit. 59, § 59-396.18 — OK Code / Title 59 / Section 59-396.18
Renumbered as § 396.1B of this title by Laws 2003, c
Status: in_force

57, § 31, emerg. eff. April 10, 2003.
Okla. Stat. tit. 59, § 59-328.42 — OK Code / Title 59 / Section 59-328.42
State Dental Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Board of Dentistry to be designated as "The State Dental

Fund". The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of all monies received by the

Board pursuant to the provisions of the State Dental Act. All

monies accruing to the credit of this fund are hereby appropriated

and may be budgeted and expended by the Board for the purpose of

implementing and enforcing the provisions of the State Dental Act.

Expenditures from this fund 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.
Okla. Stat. tit. 59, § 59-2069 — OK Code / Title 59 / Section 59-2069
Criminal violations
Status: in_force

It is a misdemeanor for any person to:

1. Sell, fraudulently obtain or furnish any perfusion license

or record, or aid or abet therein;

2. Practice perfusion under cover of any perfusion diploma,

license, or record illegally or fraudulently obtained or issued;

3. Practice perfusion unless duly licensed to do so pursuant to

the provisions of the Oklahoma Licensed Perfusionists Act;

4. Impersonate in any manner or pretend to be a perfusionist or

use the title "licensed perfusionist", the letters "L.P." or other

words, letters, signs, symbols, or devices to indicate the person

Oklahoma Statutes - Title 59. Professions and Occupations Page 1435

using them is a licensed perfusionist unless duly authorized by a

license to perform under the provisions of the Oklahoma Licensed

Perfusionists Act;

5. Practice perfusion during the time a license is suspended,

revoked, or expired or not renewed;

6. Fail to notify the Board of the suspension, probation, or

revocation of any past or currently held permits, licenses, or

certificates required to practice perfusion in this or any other

jurisdiction;

7. Knowingly employ unlicensed persons in the practice of

perfusion in the capacity of a perfusionist;

8. Make false representations or impersonate or act as a proxy

for another person or allow or aid any person or impersonate the

person in connection with any examination or application for

licensure or request to be examined or licensed; or

9. Otherwise violate any provision of the Oklahoma Licensed

Perfusionists Act.
Okla. Stat. tit. 59, § 59-2095.11.1 — OK Code / Title 59 / Section 59-2095.11.1
Findings required for issuance of a mortgage lender
Status: in_force

license.

The Administrator of Consumer Credit shall not issue a mortgage

lender license unless the Administrator makes at a minimum the

following findings:

1. The applicant or any owner, officer, director or partner has

never had a mortgage lender, mortgage broker or mortgage loan

originator license revoked in any governmental jurisdiction, except

Oklahoma Statutes - Title 59. Professions and Occupations Page 1455

that a subsequent formal vacation of such revocation shall not be

deemed a revocation;

2. Any owner, officer, director or partner of the applicant has

not been convicted of, or pled guilty or nolo contendere to, a

felony crime that substantially relates to the occupation of a

mortgage lender and poses a reasonable threat to public safety in a

domestic, foreign or military court:

a. during the seven-year period preceding the date of the

application for licensing and registration, or

b. at any time preceding such date of application, if

such felony involved an act of fraud, dishonesty, a

breach of trust or money laundering.

Provided, that any pardon of a conviction shall not be a

conviction for purposes of this paragraph;

3. The applicant and the applicant’s owners, officers,

directors or partners have demonstrated financial responsibility and

general fitness such as to command the confidence of the community

and to warrant a determination that the mortgage lender will operate

honestly, fairly and efficiently within the purposes of the Oklahoma

Secure and Fair Enforcement for Mortgage Licensing Act. For

purposes of this paragraph, an applicant’s owners, officers,

directors or partners have shown they are not financially

responsible when they have shown a disregard in the management of

their own financial condition. A determination that an owner,

officer, director or partner has not shown financial responsibility

may include, but not be limited to:

a. current outstanding judgments, except judgments solely

as a result of medical expenses,

b. current outstanding tax liens or other government

liens and filings,

c. foreclosures within the past three (3) years, or

d. a pattern of seriously delinquent accounts within the

past three (3) years;

4. The applicant has filed a bond in the amount of One Hundred

Thousand Dollars ($100,000.00) securing the applicant’s or

licensee’s faithful performance of all duties and obligations of a

licensee. The bond shall meet the following requirements:

a. the bond shall be in a form acceptable to the

Administrator,

b. the bond shall be issued by an insurance company

authorized to conduct business in this state,

c. the bond shall be payable to the Department of

Consumer Credit,

d. the bond is continuous in nature and shall be

maintained at all times as a condition of licensure,

Oklahoma Statutes - Title 59. Professions and Occupations Page 1456

e. the bond may not be terminated without thirty (30)

days’ prior written notice to the Administrator and

approval of the Administrator,

f. the bond shall be available for the recovery of

expenses, civil penalties and fees assessed pursuant

to the Oklahoma Secure and Fair Enforcement for

Mortgage Licensing Act and for losses or damages which

are determined by the Administrator to have been

incurred by any borrower or consumer as a result of

the applicant’s or licensee’s failure to comply with

the requirements of the Oklahoma Secure and Fair

Enforcement for Mortgage Licensing Act,

g. when an action is commenced on a licensee’s bond, the

Administrator may require the filing of a new bond,

and

h. whenever the principal sum of the bond is reduced by

one or more recoveries or payments thereon, the

licensee shall furnish a new or additional bond so

that the total or aggregate principal sum of such bond

or such bonds shall equal One Hundred Thousand Dollars

($100,000.00) or shall furnish an endorsement duly

executed by the corporate surety reinstating the bond

to the required principal sum;

5. The applicant has a net worth of at least Twenty-five

Thousand Dollars ($25,000.00) as reflected by an audited financial

statement prepared by a certified public accountant in accordance

with generally accepted accounting principles that is accompanied by

an opinion acceptable to the Administrator and is dated within

fifteen (15) months of the date of application;

6. The applicant has paid all required fees for issuance of the

license. The license fees for a mortgage lender shall be in the

same amount as license fees applicable to a mortgage broker;

7. Each mortgage lender applicant shall designate and maintain

a principal place of business for the transaction of business. If

the mortgage lender applicant engages in activity that satisfies the

definition of a mortgage broker, the mortgage lender shall designate

a licensed mortgage loan originator to oversee the mortgage loan

origination operations of the principal place of business and any

branch office location where the mortgage lender applicant engages

in activity that satisfies the definition of a mortgage broker. If

an applicant wishes to maintain one or more branch offices for the

transaction of business in addition to a principal place of

business, the applicant shall first register the branch office

location with the Administrator. The applicant shall submit a fee

as set forth in paragraph 8 of subsection K of Section 2095.6 of

this title for each branch office registered. If the address of the

principal place of business or of any branch office is changed, the

Oklahoma Statutes - Title 59. Professions and Occupations Page 1457

licensee shall immediately notify the Administrator of the change

and the Administrator shall endorse the change of address on the

license for a fee as prescribed in paragraph 9 of subsection K of

Section 2095.6 of this title; and

8. A separate mortgage broker license is not required for a

mortgage lender that engages in activity that satisfies the

definition of a mortgage broker as provided in the Oklahoma Secure

and Fair Enforcement for Mortgage Licensing Act. A mortgage lender

that engages in activity that satisfies the definition of a mortgage

broker shall comply with all requirements of the Oklahoma Secure and

Fair Enforcement for Mortgage Licensing Act regarding mortgage

brokers.
Okla. Stat. tit. 59, § 59-858-627 — OK Code / Title 59 / Section 59-858-627
Rule promulgation - Disciplinary measures - Injunctive
Status: in_force

relief and restraining orders.

A. The Committee of Home Inspector Examiners shall advise the

Construction Industries Board in promulgating rules consistent with

the purposes of the Home Inspection Licensing Act.

B. The Construction Industries Board shall promulgate rules

including, but not limited to:

1. Qualifications and examinations for licensure of home

inspectors;

2. License renewal requirements;

3. Reinstatement of license after suspension or revocation of

license or failure to meet license renewal requirements;

4. Continuing education;

5. Standards of practice and prohibited acts;

6. Approval of schools, educational course content,

instructors, and organizations offering courses of study for home

inspection;

7. Standards required for schools, instructors, and

organizations to remain approved;

8. Approval fees;

9. Reciprocity agreements whereby home inspectors licensed in

other states with equal or greater licensure requirements may be

licensed in this state, and fee for licensing by reciprocity; and

10. Investigative procedures.

C. Upon showing of good cause as provided for in the Home

Inspection Licensing Act, the Board shall discipline licensees,

approved instructors, approved schools, and educational

organizations by:

1. Issuing reprimands;

Oklahoma Statutes - Title 59. Professions and Occupations Page 746

2. Requiring probation for a specified period of time;

3. Requiring education in addition to the educational

requirements provided for licensure or continuing education;

4. Suspending licenses or approvals;

5. Rescinding or revoking licenses or approvals;

6. Imposing administrative fines as provided for by the Home

Inspection Licensing Act;

7. Any combination of disciplinary measures as provided by

paragraphs 1 through 6 of this subsection; and

8. Upon showing of good cause, may modify any disciplinary

action imposed pursuant to the provisions of the Home Inspection

Licensing Act.

D. The Committee may advise the Board to seek injunctive relief

and restraining orders for violations of the Home Inspection

Licensing Act or the rules promulgated pursuant thereto to cause the

prosecution of any person who violates any of the provisions of the

Home Inspection Licensing Act or the rules promulgated pursuant

thereto.

E. In the exercise of all powers and the performance of all

duties provided in the Home Inspection Licensing Act, the Committee

and the Board shall comply with the Administrative Procedures Act,

the Oklahoma Open Meeting Act, and the Oklahoma Open Records Act.
Okla. Stat. tit. 59, § 59-492.1 — OK Code / Title 59 / Section 59-492.1
Application forms - Requirements for practicing medicine
Status: in_force

- Agent or representative of applicant.

Oklahoma Statutes - Title 59. Professions and Occupations Page 444

A. The State Board of Medical Licensure and Supervision shall

create such application forms as are necessary for the licensure of

applicants to practice medicine and surgery in this state.

B. No person shall be licensed to practice medicine and surgery

in this state except upon a finding by the Board that such person

has fully complied with all applicable licensure requirements of

this act and has produced satisfactory evidence to the Board of the

ability of the applicant to practice medicine and surgery with

reasonable skill and safety.

C. Except as specifically may be waived by the Board, the Board

shall not engage in any application process with any agent or

representative of the applicant.
Okla. Stat. tit. 59, § 59-1742.2 — OK Code / Title 59 / Section 59-1742.2
Dietitian Licensure Compact
Status: reserved

DIETITIAN LICENSURE COMPACT

SECTION 1: PURPOSE

The purpose of this Compact is to facilitate interstate Practice

of Dietetics with the goal of improving public access to dietetics

services. This Compact preserves the regulatory authority of States

to protect public health and safety through the current system of

State licensure, while also providing for licensure portability

through a Compact Privilege granted to qualifying professionals.

This Compact is designed to achieve the following objectives:

A. Increase public access to dietetics services.

B. Provide opportunities for interstate practice by Licensed

Dietitians who meet uniform requirements.

C. Eliminate the necessity for Licenses in multiple States.

D. Reduce administrative burden on Member States and Licensees.

E. Enhance the States’ ability to protect the public’s health

and safety.

F. Encourage the cooperation of Member States in regulating

multistate practice of Licensed Dietitians.

G. Support relocating Active Military Members and their

spouses.

H. Enhance the exchange of licensure, investigative, and

disciplinary information among Member States.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1230

I. Vest all Member States with the authority to hold a Licensed

Dietitian accountable for meeting all State practice laws in the

State in which the patient is located at the time care is rendered.

SECTION 2: DEFINITIONS

A. “ACEND” means the Accreditation Council for Education in

Nutrition and Dietetics or its successor organization.

B. “Active Military Member” means any individual with full-time

duty status in the active armed forces of the United States,

including members of the National Guard and Reserve.

C. “Adverse Action” means any administrative, civil, equitable

or criminal action permitted by a State’s laws which is imposed by a

Licensing Authority or other authority against a Licensee, including

actions against an individual’s License or Compact Privilege such as

revocation, suspension, probation, monitoring of the Licensee,

limitation on the Licensee’s practice, or any other Encumbrance on

licensure affecting a Licensee’s authorization to practice,

including issuance of a cease and desist action.

D. “Alternative Program” means a non-disciplinary monitoring or

practice remediation process approved by a Licensing Authority.

E. “Charter Member State” means any Member State which enacted

this Compact by law before the Effective Date specified in Section

12.

F. “Continuing Education” means a requirement, as a condition

of License renewal, to provide evidence of participation in, and

completion of, educational and professional activities relevant to

practice or area of work.

G. “CDR” means the Commission on Dietetic Registration or its

successor organization.

H. “Compact Commission” means the government agency whose

membership consists of all States that have enacted this Compact,

which is known as the Dietitian Licensure Compact Commission, as

described in Section 8, and which shall operate as an

instrumentality of the Member States.

I. “Compact Privilege” means a legal authorization, which is

equivalent to a License, permitting the Practice of Dietetics in a

Remote State.

J. “Current Significant Investigative Information” means:

1. Investigative Information that a Licensing Authority, after

a preliminary inquiry that includes notification and an opportunity

for the subject Licensee to respond, if required by State law, has

reason to believe is not groundless and, if proved true, would

indicate more than a minor infraction; or

2. Investigative Information that indicates that the subject

Licensee represents an immediate threat to public health and safety

regardless of whether the subject Licensee has been notified and had

an opportunity to respond.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1231

K. “Data System” means a repository of information about

Licensees, including, but not limited to, Continuing Education,

examination, licensure, investigative, Compact Privilege and Adverse

Action information.

L. “Encumbered License” means a License in which an Adverse

Action restricts a Licensee’s ability to practice dietetics.

M. “Encumbrance” means a revocation or suspension of, or any

limitation on a Licensee’s full and unrestricted Practice of

Dietetics by a Licensing Authority.

N. “Executive Committee” means a group of delegates elected or

appointed to act on behalf of, and within the powers granted to them

by, this Compact, and the Compact Commission.

O. “Home State” means the Member State that is the Licensee’s

primary State of residence or that has been designated pursuant to

Section 6.

P. “Investigative Information” means information, records, and

documents received or generated by a Licensing Authority pursuant to

an investigation.

Q. “Jurisprudence Requirement” means an assessment of an

individual’s knowledge of the State laws and regulations governing

the Practice of Dietetics in such State.

R. “License” means an authorization from a Member State to

either:

1. Engage in the Practice of Dietetics (including medical

nutrition therapy); or

2. Use the title “dietitian”, “licensed dietitian”, “licensed

dietitian nutritionist”, “certified dietitian”, or other title

describing a substantially similar practitioner as the Compact

Commission may further define by Rule.

S. “Licensee” or “Licensed Dietitian” means an individual who

currently holds a License and who meets all of the requirements

outlined in Section 4.

T. “Licensing Authority” means the board or agency of a State,

or equivalent, that is responsible for the licensing and regulation

of the Practice of Dietetics.

U. “Member State” means a State that has enacted the Compact.

V. “Practice of Dietetics” means the synthesis and application

of dietetics, primarily for the provision of nutrition care

services, including medical nutrition therapy, in person or via

telehealth, to prevent, manage, or treat diseases or medical

conditions and promote wellness.

W. “Registered Dietitian” means a person who:

1. Has completed applicable education, experience, examination,

and recertification requirements approved by CDR;

2. Is credentialed by CDR as a registered dietitian or a

registered dietitian nutritionist; and

Oklahoma Statutes - Title 59. Professions and Occupations Page 1232

3. Is legally authorized to use the title registered dietitian

or registered dietitian nutritionist and the corresponding

abbreviations “RD” or “RDN”.

X. “Remote State” means a Member State other than the Home

State, where a Licensee is exercising or seeking to exercise a

Compact Privilege.

Y. “Rule” means a regulation promulgated by the Compact

Commission that has the force of law.

Z. “Single State License” means a License issued by a Member

State within the issuing State and does not include a Compact

Privilege in any other Member State.

AA. “State” means any state, commonwealth, district, or

territory of the United States of America.

BB. “Unencumbered License” means a License that authorizes a

Licensee to engage in the full and unrestricted Practice of

Dietetics.

SECTION 3: STATE PARTICIPATION IN THE COMPACT

A. To participate in the Compact, a State must currently:

1. License and regulate the Practice of Dietetics; and

2. Have a mechanism in place for receiving and investigating

complaints about Licensees.

B. A Member State shall:

1. Participate fully in the Compact Commission’s Data System,

including using the unique identifier as defined in Rules;

2. Notify the Compact Commission, in compliance with the terms

of the Compact and Rules, of any Adverse Action or the availability

of Current Significant Investigative Information regarding a

Licensee;

3. Implement or utilize procedures for considering the criminal

history record information of applicants for an initial Compact

Privilege. These procedures shall include the submission of

fingerprints or other biometric-based information by applicants for

the purpose of obtaining an applicant’s criminal history record

information from the Federal Bureau of Investigation and the agency

responsible for retaining that State’s criminal records;

a. A Member State must fully implement a criminal history

record information requirement, within a time frame

established by Rule, which includes receiving the

results of the Federal Bureau of Investigation record

search and shall use those results in determining

Compact Privilege eligibility.

b. Communication between a Member State and the Compact

Commission or among Member States regarding the

verification of eligibility for a Compact Privilege

shall not include any information received from the

Federal Bureau of Investigation relating to a federal

Oklahoma Statutes - Title 59. Professions and Occupations Page 1233

criminal history record information check performed by

a Member State;

4. Comply with and enforce the Rules of the Compact Commission;

5. Require an applicant for a Compact Privilege to obtain or

retain a License in the Licensee’s Home State and meet the Home

State’s qualifications for licensure or renewal of licensure, as

well as all other applicable State laws; and

6. Recognize a Compact Privilege granted to a Licensee who

meets all of the requirements outlined in Section 4 in accordance

with the terms of the Compact and Rules.

C. Member States may set and collect a fee for granting a

Compact Privilege.

D. Individuals not residing in a Member State shall continue to

be able to apply for a Member State’s Single State License as

provided under the laws of each Member State. However, the Single

State License granted to these individuals shall not be recognized

as granting a Compact Privilege to engage in the Practice of

Dietetics in any other Member State.

E. Nothing in this Compact shall affect the requirements

established by a Member State for the issuance of a Single State

License.

F. At no point shall the Compact Commission have the power to

define the requirements for the issuance of a Single State License

to practice dietetics. The Member States shall retain sole

jurisdiction over the provision of these requirements.

SECTION 4: COMPACT PRIVILEGE

A. To exercise the Compact Privilege under the terms and

provisions of the Compact, the Licensee shall:

1. Satisfy one of the following:

a. hold a valid current registration that gives the

applicant the right to use the term Registered

Dietitian, or

b. complete all of the following:

(1) an education program which is either:

(a) a master’s degree or doctoral degree that is

programmatically accredited by:

(i) ACEND, or

(ii) a dietetics accrediting agency

recognized by the United States

Department of Education, which the

Compact Commission may by Rule

determine, and from a college or

university accredited at the time of

graduation by the appropriate regional

accrediting agency recognized by the

Council on Higher Education

Oklahoma Statutes - Title 59. Professions and Occupations Page 1234

Accreditation and the United States

Department of Education, or

(b) an academic degree from a college or

university in a foreign country equivalent

to the degree described in subdivision (a)

that is programmatically accredited by:

(i) ACEND, or

(ii) a dietetics accrediting agency

recognized by the United States

Department of Education, which the

Compact Commission may by Rule

determine,

(2) a planned, documented, supervised practice

experience in dietetics that is programmatically

accredited by:

(a) ACEND, or

(b) a dietetics accrediting agency recognized by

the United States Department of Education

which the Compact Commission may by Rule

determine and which involves at least one

thousand (1,000) hours of practice

experience under the supervision of a

Registered Dietitian or a Licensed

Dietitian, and

(3) successful completion of either:

(a) the Registration Examination for Dietitians

administered by CDR, or

(b) a national credentialing examination for

dietitians approved by the Compact

Commission by Rule; such completion being no

more than five (5) years prior to the date

of the Licensee’s application for initial

licensure and accompanied by a period of

continuous licensure thereafter, all of

which may be further governed by the Rules

of the Compact Commission;

2. Hold an Unencumbered License in the Home State;

3. Notify the Compact Commission that the Licensee is seeking a

Compact Privilege within a Remote State(s);

4. Pay any applicable fees, including any State fee, for the

Compact Privilege;

5. Meet any Jurisprudence Requirements established by the

Remote State(s) in which the Licensee is seeking a Compact

Privilege; and

6. Report to the Compact Commission any Adverse Action,

Encumbrance, or restriction on a License taken by any non-Member

State within thirty (30) days from the date the action is taken.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1235

B. The Compact Privilege is valid until the expiration date of

the Home State License. To maintain a Compact Privilege, renewal of

the Compact Privilege shall be congruent with the renewal of the

Home State License as the Compact Commission may define by Rule.

The Licensee must comply with the requirements of Section 4(A) to

maintain the Compact Privilege in the Remote State(s).

C. A Licensee exercising a Compact Privilege shall adhere to

the laws and regulations of the Remote State. Licensees shall be

responsible for educating themselves on, and complying with, any and

all State laws relating to the Practice of Dietetics in such Remote

State.

D. Notwithstanding anything to the contrary provided in this

Compact or State law, a Licensee exercising a Compact Privilege

shall not be required to complete Continuing Education Requirements

required by a Remote State. A Licensee exercising a Compact

Privilege is only required to meet any Continuing Education

Requirements as required by the Home State.

SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A

COMPACT PRIVILEGE

A. A Licensee may hold a Home State License, which allows for a

Compact Privilege in other Member States, in only one Member State

at a time.

B. If a Licensee changes Home State by moving between two

Member States:

1. The Licensee shall file an application for obtaining a new

Home State License based on a Compact Privilege, pay all applicable

fees, and notify the current and new Home State in accordance with

the Rules of the Compact Commission;

2. Upon receipt of an application for obtaining a new Home

State License by virtue of a Compact Privilege, the new Home State

shall verify that the Licensee meets the criteria in Section 4 via

the Data System, and require that the Licensee complete the

following:

a. Federal Bureau of Investigation fingerprint based

criminal history record information check,

b. any other criminal history record information required

by the new Home State, and

c. any Jurisprudence Requirements of the new Home State;

3. The former Home State shall convert the former Home State

License into a Compact Privilege once the new Home State has

activated the new Home State License in accordance with applicable

Rules adopted by the Compact Commission;

4. Notwithstanding any other provision of this Compact, if the

Licensee cannot meet the criteria in Section 4, the new Home State

may apply its requirements for issuing a new Single State License;

and

Oklahoma Statutes - Title 59. Professions and Occupations Page 1236

5. The Licensee shall pay all applicable fees to the new Home

State in order to be issued a new Home State License.

C. If a Licensee changes their State of residence by moving

from a Member State to a non-Member State, or from a non-Member

State to a Member State, the State criteria shall apply for issuance

of a Single State License in the new State.

D. Nothing in this Compact shall interfere with a Licensee’s

ability to hold a Single State License in multiple States; however,

for the purposes of this Compact, a Licensee shall have only one

Home State License.

E. Nothing in this Compact shall affect the requirements

established by a Member State for the issuance of a Single State

License.

SECTION 6: ACTIVE MILITARY MEMBERS OR THEIR SPOUSES

An Active Military Member, or their spouse, shall designate a

Home State where the individual has a current License in good

standing. The individual may retain the Home State designation

during the period the service member is on active duty.

SECTION 7: ADVERSE ACTIONS

A. In addition to the other powers conferred by State law, a

Remote State shall have the authority, in accordance with existing

State due process law, to:

1. Take Adverse Action against a Licensee’s Compact Privilege

within that Member State; and

2. Issue subpoenas for both hearings and investigations that

require the attendance and testimony of witnesses as well as the

production of evidence. Subpoenas issued by a Licensing Authority

in a Member State for the attendance and testimony of witnesses or

the production of evidence from another Member State shall be

enforced in the latter State by any court of competent jurisdiction,

according to the practice and procedure applicable to subpoenas

issued in proceedings pending before that court. The issuing

authority shall pay any witness fees, travel expenses, mileage, and

other fees required by the service statutes of the State in which

the witnesses or evidence is located.

B. Only the Home State shall have the power to take Adverse

Action against a Licensee’s Home State License.

C. For purposes of taking Adverse Action, the Home State shall

give the same priority and effect to reported conduct received from

a Member State as it would if the conduct had occurred within the

Home State. In so doing, the Home State shall apply its own State

laws to determine appropriate action.

D. The Home State shall complete any pending investigations of

a Licensee who changes Home States during the course of the

investigations. The Home State shall also have authority to take

appropriate action(s) and shall promptly report the conclusions of

the investigations to the administrator of the Data System. The

Oklahoma Statutes - Title 59. Professions and Occupations Page 1237

administrator of the Data System shall promptly notify the new Home

State of any Adverse Actions.

E. A Member State, if otherwise permitted by State law, may

recover from the affected Licensee the costs of investigations and

dispositions of cases resulting from any Adverse Action taken

against that Licensee.

F. A Member State may take Adverse Action based on the factual

findings of another Remote State, provided that the Member State

follows its own procedures for taking the Adverse Action.

G. Joint Investigations.

1. In addition to the authority granted to a Member State by

its respective State law, any Member State may participate with

other Member States in joint investigations of Licensees.

2. Member States shall share any investigative, litigation, or

compliance materials in furtherance of any joint investigation

initiated under the Compact.

H. If Adverse Action is taken by the Home State against a

Licensee’s Home State License resulting in an Encumbrance on the

Home State License, the Licensee’s Compact Privilege(s) in all other

Member States shall be revoked until all Encumbrances have been

removed from the Home State License. All Home State disciplinary

orders that impose Adverse Action against a Licensee shall include a

statement that the Licensee’s Compact Privileges are revoked in all

Member States during the pendency of the order.

I. Once an Encumbered License in the Home State is restored to

an Unencumbered License (as certified by the Home State’s Licensing

Authority), the Licensee must meet the requirements of Section 4(A)

and follow the administrative requirements to reapply to obtain a

Compact Privilege in any Remote State.

J. If a Member State takes Adverse Action, it shall promptly

notify the administrator of the Data System. The administrator of

the Data System shall promptly notify the other Member States of any

Adverse Actions.

K. Nothing in this Compact shall override a Member State’s

decision that participation in an Alternative Program may be used in

lieu of Adverse Action.

SECTION 8: ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT

COMMISSION

A. The Compact Member States hereby create and establish a

joint government agency whose membership consists of all Member

States that have enacted the Compact known as the Dietitian

Licensure Compact Commission. The Compact Commission is an

instrumentality of the Compact States acting jointly and not an

instrumentality of any one State. The Compact Commission shall come

into existence on or after the effective date of the Compact as set

forth in Section 12.

B. Membership, Voting, and Meetings.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1238

1. Each Member State shall have and be limited to one (1)

delegate selected by that Member State’s Licensing Authority.

2. The delegate shall be the primary administrator of the

Licensing Authority or their designee.

3. The Compact Commission shall by Rule or bylaw establish a

term of office for delegates and may by Rule or bylaw establish term

limits.

4. The Compact Commission may recommend removal or suspension

of any delegate from office.

5. A Member State’s Licensing Authority shall fill any vacancy

of its delegate occurring on the Compact Commission within sixty

(60) days of the vacancy.

6. Each delegate shall be entitled to one vote on all matters

before the Compact Commission requiring a vote by the delegates.

7. Delegates shall meet and vote by such means as set forth in

the bylaws. The bylaws may provide for delegates to meet and vote

in person or by telecommunication, video conference, or other means

of communication.

8. The Compact Commission shall meet at least once during each

calendar year. Additional meetings may be held as set forth in the

bylaws. The Compact Commission may meet in person or by

telecommunication, video conference, or other means of

communication.

C. The Compact Commission shall have the following powers:

1. Establish the fiscal year of the Compact Commission;

2. Establish code of conduct and conflict of interest policies;

3. Establish and amend Rules and bylaws;

4. Maintain its financial records in accordance with the

bylaws;

5. Meet and take such actions as are consistent with the

provisions of this Compact, the Compact Commission’s Rules, and the

bylaws;

6. Initiate and conclude legal proceedings or actions in the

name of the Compact Commission, provided that the standing of any

Licensing Authority to sue or be sued under applicable law shall not

be affected;

7. Maintain and certify records and information provided to a

Member State as the authenticated business records of the Compact

Commission, and designate an agent to do so on the Compact

Commission’s behalf;

8. Purchase and maintain insurance and bonds;

9. Borrow, accept, or contract for services of personnel,

including, but not limited to, employees of a Member State;

10. Conduct an annual financial review;

11. Hire employees, elect or appoint officers, fix

compensation, define duties, grant such individuals appropriate

authority to carry out the purposes of the Compact, and establish

Oklahoma Statutes - Title 59. Professions and Occupations Page 1239

the Compact Commission’s personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other

related personnel matters;

12. Assess and collect fees;

13. Accept any and all appropriate donations, grants of money,

other sources of revenue, equipment, supplies, materials, services,

and gifts, and receive, utilize, and dispose of the same; provided,

that at all times the Compact Commission shall avoid any actual or

appearance of impropriety or conflict of interest;

14. Lease, purchase, retain, own, hold, improve, or use any

property, real, personal, or mixed, or any undivided interest

therein;

15. Sell, convey, mortgage, pledge, lease, exchange, abandon,

or otherwise dispose of any property, real, personal, or mixed;

16. Establish a budget and make expenditures;

17. Borrow money;

18. Appoint committees, including standing committees, composed

of members, State regulators, State legislators or their

representatives, and consumer representatives, and such other

interested persons as may be designated in this Compact or the

bylaws;

19. Provide and receive information from, and cooperate with,

law enforcement agencies;

20. Establish and elect an Executive Committee, including a

chair and a vice chair;

21. Determine whether a State’s adopted language is materially

different from the model compact language such that the State would

not qualify for participation in the Compact; and

22. Perform such other functions as may be necessary or

appropriate to achieve the purposes of this Compact.

D. The Executive Committee.

1. The Executive Committee shall have the power to act on

behalf of the Compact Commission according to the terms of this

Compact. The powers, duties, and responsibilities of the Executive

Committee shall include:

a. oversee the day-to-day activities of the

administration of the Compact including enforcement

and compliance with the provisions of the Compact, its

Rules and bylaws, and other such duties as deemed

necessary,

b. recommend to the Compact Commission changes to the

Rules or bylaws, changes to this Compact legislation,

fees charged to Compact Member States, fees charged to

Licensees, and other fees,

c. ensure Compact administration services are

appropriately provided, including by contract,

d. prepare and recommend the budget,

Oklahoma Statutes - Title 59. Professions and Occupations Page 1240

e. maintain financial records on behalf of the Compact

Commission,

f. monitor Compact compliance of Member States and

provide compliance reports to the Compact Commission,

g. establish additional committees as necessary,

h. exercise the powers and duties of the Compact

Commission during the interim between Compact

Commission meetings, except for adopting or amending

Rules, adopting or amending bylaws, and exercising any

other powers and duties expressly reserved to the

Compact Commission by Rule or bylaw, and

i. other duties as provided in the Rules or bylaws of the

Compact Commission.

2. The Executive Committee shall be composed of nine (9)

members:

a. the chair and vice chair of the Compact Commission,

who shall be voting members of the Executive

Committee,

b. five voting members from the current membership of the

Compact Commission, elected by the Compact Commission,

c. one ex officio, nonvoting member from a recognized

professional association representing dietitians, and

d. one ex officio, nonvoting member from a recognized

national credentialing organization for dietitians.

3. The Compact Commission may remove any member of the

Executive Committee as provided in the Compact Commission’s bylaws.

4. The Executive Committee shall meet at least annually.

a. Executive Committee meetings shall be open to the

public, except that the Executive Committee may meet

in a closed, nonpublic meeting as provided in

subsection (F)(2) of this section.

b. The Executive Committee shall give thirty (30) days’

notice of its meetings, posted on the website of the

Compact Commission and as determined to provide notice

to persons with an interest in the business of the

Compact Commission.

c. The Executive Committee may hold a special meeting in

accordance with subsection (F)(1)(b) of this section.

E. The Compact Commission shall adopt and provide to the Member

States an annual report.

F. Meetings of the Compact Commission.

1. All meetings shall be open to the public, except that the

Compact Commission may meet in a closed, nonpublic meeting as

provided in subsection (F)(2) of this section.

a. Public notice for all meetings of the full Compact

Commission shall be given in the same manner as

required under the rulemaking provisions in Section

Oklahoma Statutes - Title 59. Professions and Occupations Page 1241

10, except that the Compact Commission may hold a

special meeting as provided in subsection (F)(1)(b) of

this section.

b. The Compact Commission may hold a special meeting when

it must meet to conduct emergency business by giving

twenty-four (24) hours’ notice to all Member States,

on the Compact Commission’s website, and other means

as provided in the Compact Commission’s Rules. The

Compact Commission’s legal counsel shall certify that

the Compact Commission’s need to meet qualifies as an

emergency.

2. The Compact Commission or the Executive Committee or other

committees of the Compact Commission may convene in a closed,

nonpublic meeting for the Compact Commission or Executive Committee

or other committees of the Compact Commission to receive legal

advice or to discuss:

a. noncompliance of a Member State with its obligations

under the Compact,

b. the employment, compensation, discipline, or other

matters, practices, or procedures related to specific

employees,

c. current or threatened discipline of a Licensee by the

Compact Commission or by a Member State’s Licensing

Authority,

d. current, threatened, or reasonably anticipated

litigation,

e. negotiation of contracts for the purchase, lease, or

sale of goods, services, or real estate,

f. accusing any person of a crime or formally censuring

any person,

g. trade secrets or commercial or financial information

that is privileged or confidential,

h. information of a personal nature where disclosure

would constitute a clearly unwarranted invasion of

personal privacy,

i. investigative records compiled for law enforcement

purposes,

j. information related to any investigative reports

prepared by or on behalf of or for use of the Compact

Commission or other committee charged with

responsibility of investigation or determination of

compliance issues pursuant to the Compact,

k. matters specifically exempted from disclosure by

federal or Member State law, or

l. other matters as specified in the Rules of the Compact

Commission.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1242

3. If a meeting, or portion of a meeting, is closed, the

presiding officer shall state that the meeting will be closed and

reference each relevant exempting provision, and such reference

shall be recorded in the minutes.

4. The Compact Commission shall keep minutes that fully and

clearly describe all matters discussed in a meeting and shall

provide a full and accurate summary of actions taken, and the

reasons therefore, including a description of the views expressed.

All documents considered in connection with an action shall be

identified in such minutes. All minutes and documents of a closed

meeting shall remain under seal, subject to release only by a

majority vote of the Compact Commission or order of a court of

competent jurisdiction.

G. Financing of the Compact Commission.

1. The Compact Commission shall pay, or provide for the payment

of, the reasonable expenses of its establishment, organization, and

ongoing activities.

2. The Compact Commission may accept any and all appropriate

revenue sources as provided in subsection (C)(13) of this section.

3. The Compact Commission may levy on and collect an annual

assessment from each Member State and impose fees on Licensees of

Member States to whom it grants a Compact Privilege to cover the

cost of the operations and activities of the Compact Commission and

its staff, which must, in a total amount, be sufficient to cover its

annual budget as approved each year for which revenue is not

provided by other sources. The aggregate annual assessment amount

for Member States shall be allocated based upon a formula that the

Compact Commission shall promulgate by Rule.

4. The Compact Commission shall not incur obligations of any

kind prior to securing the funds adequate to meet the same; nor

shall the Compact Commission pledge the credit of any of the Member

States, except by and with the authority of the Member State.

5. The Compact Commission shall keep accurate accounts of all

receipts and disbursements. The receipts and disbursements of the

Compact Commission shall be subject to the financial review and

accounting procedures established under its bylaws. However, all

receipts and disbursements of funds handled by the Compact

Commission shall be subject to an annual financial review by a

certified or licensed public accountant, and the report of the

financial review shall be included in and become part of the annual

report of the Compact Commission.

H. Qualified Immunity, Defense, and Indemnification.

1. The members, officers, executive director, employees and

representatives of the Compact Commission shall be immune from suit

and liability, both personally and in their official capacity, for

any claim for damage to or loss of property or personal injury or

other civil liability caused by or arising out of any actual or

Oklahoma Statutes - Title 59. Professions and Occupations Page 1243

alleged act, error, or omission that occurred, or that the person

against whom the claim is made had a reasonable basis for believing

occurred within the scope of Compact Commission employment, duties,

or responsibilities; provided, that nothing in this paragraph shall

be construed to protect any such person from suit or liability for

any damage, loss, injury, or liability caused by the intentional or

willful or wanton misconduct of that person. The procurement of

insurance of any type by the Compact Commission shall not in any way

compromise or limit the immunity granted hereunder.

2. The Compact Commission shall defend any member, officer,

executive director, employee, and representative of the Compact

Commission in any civil action seeking to impose liability arising

out of any actual or alleged act, error, or omission that occurred

within the scope of Compact Commission employment, duties, or

responsibilities, or as determined by the Compact Commission that

the person against whom the claim is made had a reasonable basis for

believing occurred within the scope of Compact Commission

employment, duties, or responsibilities; provided that nothing

herein shall be construed to prohibit that person from retaining

their own counsel at their own expense; and provided further, that

the actual or alleged act, error, or omission did not result from

that person’s intentional or willful or wanton misconduct.

3. The Compact Commission shall indemnify and hold harmless any

member, officer, executive director, employee, and representative of

the Compact Commission for the amount of any settlement or judgment

obtained against that person arising out of any actual or alleged

act, error, or omission that occurred within the scope of Compact

Commission employment, duties, or responsibilities, or that such

person had a reasonable basis for believing occurred within the

scope of Compact Commission employment, duties, or responsibilities,

provided that the actual or alleged act, error, or omission did not

result from the intentional or willful or wanton misconduct of that

person.

4. Nothing herein shall be construed as a limitation on the

liability of any Licensee for professional malpractice or

misconduct, which shall be governed solely by any other applicable

State laws.

5. Nothing in this Compact shall be interpreted to waive or

otherwise abrogate a Member State’s state action immunity or state

action affirmative defense with respect to antitrust claims under

the Sherman Act, Clayton Act, or any other State or federal

antitrust or anticompetitive law or regulation.

6. Nothing in this Compact shall be construed to be a waiver of

sovereign immunity by the Member States or by the Compact

Commission.

SECTION 9: DATA SYSTEM

Oklahoma Statutes - Title 59. Professions and Occupations Page 1244

A. The Compact Commission shall provide for the development,

maintenance, operation, and utilization of a coordinated Data

System.

B. The Compact Commission shall assign each applicant for a

Compact Privilege a unique identifier, as determined by the Rules.

C. Notwithstanding any other provision of State law to the

contrary, a Member State shall submit a uniform data set to the Data

System on all individuals to whom this Compact is applicable as

required by the Rules of the Compact Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a License or Compact Privilege and

information related thereto;

4. Nonconfidential information related to Alternative Program

participation, the beginning and ending dates of such participation,

and other information related to such participation not made

confidential under Member State law;

5. Any denial of application for licensure, and the reason(s)

for such denial;

6. The presence of Current Significant Investigative

Information; and

7. Other information that may facilitate the administration of

this Compact or the protection of the public, as determined by the

Rules of the Compact Commission.

D. The records and information provided to a Member State

pursuant to this Compact or through the Data System, when certified

by the Compact Commission or an agent thereof, shall constitute the

authenticated business records of the Compact Commission, and shall

be entitled to any associated hearsay exception in any relevant

judicial, quasi-judicial, or administrative proceedings in a Member

State.

E. Current Significant Investigative Information pertaining to

a Licensee in any Member State will only be available to other

Member States.

F. It is the responsibility of the Member States to report any

Adverse Action against a Licensee and to monitor the Data System to

determine whether any Adverse Action has been taken against a

Licensee. Adverse Action information pertaining to a Licensee in

any Member State will be available to any other Member State.

G. Member States contributing information to the Data System

may designate information that may not be shared with the public

without the express permission of the contributing State.

H. Any information submitted to the Data System that is

subsequently expunged pursuant to federal law or the laws of the

Member State contributing the information shall be removed from the

Data System.

SECTION 10: RULEMAKING

Oklahoma Statutes - Title 59. Professions and Occupations Page 1245

A. The Compact Commission shall promulgate reasonable Rules in

order to effectively and efficiently implement and administer the

purposes and provisions of the Compact. A Rule shall be invalid and

have no force or effect only if a court of competent jurisdiction

holds that the Rule is invalid because the Compact Commission

exercised its rulemaking authority in a manner that is beyond the

scope and purposes of the Compact, or the powers granted hereunder,

or based upon another applicable standard of review.

B. The Rules of the Compact Commission shall have the force of

law in each Member State; provided, however, that where the Rules

conflict with the laws or regulations of a Member State that relate

to the procedures, actions, and processes a Licensed Dietitian is

permitted to undertake in that State and the circumstances under

which they may do so, as held by a court of competent jurisdiction,

the Rules of the Compact Commission shall be ineffective in that

State to the extent of the conflict.

C. The Compact Commission shall exercise its rulemaking powers

pursuant to the criteria set forth in this section and the Rules

adopted thereunder. Rules shall become binding on the day following

adoption or as of the date specified in the Rule or amendment,

whichever is later.

D. If a majority of the legislatures of the Member States

rejects a Rule or portion of a Rule, by enactment of a statute or

resolution in the same manner used to adopt the Compact within four

(4) years of the date of adoption of the Rule, then such Rule shall

have no further force and effect in any Member State.

E. Rules shall be adopted at a regular or special meeting of

the Compact Commission.

F. Prior to adoption of a proposed Rule, the Compact Commission

shall hold a public hearing and allow persons to provide oral and

written comments, data, facts, opinions, and arguments.

G. Prior to adoption of a proposed Rule by the Compact

Commission, and at least thirty (30) days in advance of the meeting

at which the Compact Commission will hold a public hearing on the

proposed Rule, the Compact Commission shall provide a Notice of

Proposed rulemaking:

1. On the website of the Compact Commission or other publicly

accessible platform;

2. To persons who have requested notice of the Compact

Commission’s notices of proposed rulemaking; and

3. In such other way(s) as the Compact Commission may by Rule

specify.

H. The Notice of Proposed rulemaking shall include:

1. The time, date, and location of the public hearing at which

the Compact Commission will hear public comments on the proposed

Rule and, if different, the time, date, and location of the meeting

Oklahoma Statutes - Title 59. Professions and Occupations Page 1246

where the Compact Commission will consider and vote on the proposed

Rule;

2. If the hearing is held via telecommunication, video

conference, or other means of communication, the Compact Commission

shall include the mechanism for access to the hearing in the Notice

of Proposed rulemaking;

3. The text of the proposed Rule and the reason therefore;

4. A request for comments on the proposed Rule from any

interested person; and

5. The manner in which interested persons may submit written

comments.

I. All hearings will be recorded. A copy of the recording and

all written comments and documents received by the Compact

Commission in response to the proposed Rule shall be available to

the public.

J. Nothing in this section shall be construed as requiring a

separate hearing on each Rule. Rules may be grouped for the

convenience of the Compact Commission at hearings required by this

section.

K. The Compact Commission shall, by majority vote of all

members, take final action on the proposed Rule based on the

rulemaking record and the full text of the Rule.

1. The Compact Commission may adopt changes to the proposed

Rule provided the changes do not enlarge the original purpose of the

proposed Rule.

2. The Compact Commission shall provide an explanation of the

reasons for substantive changes made to the proposed Rule as well as

reasons for substantive changes not made that were recommended by

commenters.

3. The Compact Commission shall determine a reasonable

effective date for the Rule. Except for an emergency as provided in

Section 10(L), the effective date of the Rule shall be no sooner

than thirty (30) days after issuing the notice that it adopted or

amended the Rule.

L. Upon determination that an emergency exists, the Compact

Commission may consider and adopt an emergency Rule with twenty-four

(24) hours’ notice, with opportunity to comment, provided that the

usual rulemaking procedures provided in the Compact and in this

section shall be retroactively applied to the Rule as soon as

reasonably possible, in no event later than ninety (90) days after

the effective date of the Rule. For the purposes of this provision,

an emergency Rule is one that must be adopted immediately in order

to:

1. Meet an imminent threat to public health, safety, or

welfare;

2. Prevent a loss of Compact Commission or Member State funds;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1247

3. Meet a deadline for the promulgation of a Rule that is

established by federal law or rule; or

4. Protect public health and safety.

M. The Compact Commission or an authorized committee of the

Compact Commission may direct revision to a previously adopted Rule

for purposes of correcting typographical errors, errors in format,

errors in consistency, or grammatical errors. Public notice of any

revision shall be posted on the website of the Compact Commission.

The revision shall be subject to challenge by any person for a

period of thirty (30) days after posting. The revision may be

challenged only on grounds that the revision results in a material

change to a Rule. A challenge shall be made in writing and

delivered to the Compact Commission prior to the end of the notice

period. If no challenge is made, the revision will take effect

without further action. If the revision is challenged, the revision

may not take effect without the approval of the Compact Commission.

N. No Member State’s rulemaking requirements shall apply under

this Compact.

SECTION 11: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight.

1. The executive and judicial branches of State government in

each Member State shall enforce this Compact and take all actions

necessary and appropriate to implement this Compact.

2. Except as otherwise provided in this Compact, venue is

proper and judicial proceedings by or against the Compact Commission

shall be brought solely and exclusively in a court of competent

jurisdiction where the principal office of the Compact Commission is

located. The Compact Commission may waive venue and jurisdictional

defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings. Nothing herein shall

affect or limit the selection or propriety of venue in any action

against a Licensee for professional malpractice, misconduct, or any

such similar matter.

3. The Compact Commission shall be entitled to receive service

of process in any proceeding regarding the enforcement or

interpretation of the Compact and shall have standing to intervene

in such a proceeding for all purposes. Failure to provide the

Compact Commission service of process shall render a judgment or

order void as to the Compact Commission, this Compact, or

promulgated Rules.

B. Default, Technical Assistance, and Termination.

1. If the Compact Commission determines that a Member State has

defaulted in the performance of its obligations or responsibilities

under this Compact or the promulgated Rules, the Compact Commission

shall provide written notice to the defaulting State. The notice of

default shall describe the default, the proposed means of curing the

default, and any other action that the Compact Commission may take

Oklahoma Statutes - Title 59. Professions and Occupations Page 1248

and shall offer training and specific technical assistance regarding

the default.

2. The Compact Commission shall provide a copy of the notice of

default to the other Member States.

C. If a State in default fails to cure the default, the

defaulting State may be terminated from the Compact upon an

affirmative vote of a majority of the delegates of the Member

States, and all rights, privileges, and benefits conferred on that

State by this Compact may be terminated on the effective date of

termination. A cure of the default does not relieve the offending

State of obligations or liabilities incurred during the period of

default.

D. Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to suspend or terminate shall be given

by the Compact Commission to the governor, the majority and minority

leaders of the defaulting State’s legislature, the defaulting

State’s Licensing Authority, and each of the Member States’

Licensing Authorities.

E. A State that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination.

F. Upon the termination of a State’s membership from this

Compact, that State shall immediately provide notice to all

Licensees within that State of such termination. The terminated

State shall continue to recognize all Compact Privileges granted

pursuant to this Compact for a minimum of six (6) months after the

date of said notice of termination.

G. The Compact Commission shall not bear any costs related to a

State that is found to be in default or that has been terminated

from the Compact, unless agreed upon in writing between the Compact

Commission and the defaulting State.

H. The defaulting State may appeal the action of the Compact

Commission by petitioning the United States District Court for the

District of Columbia or the federal district where the Compact

Commission has its principal offices. The prevailing party shall be

awarded all costs of such litigation, including reasonable

attorney’s fees.

I. Dispute Resolution.

1. Upon request by a Member State, the Compact Commission shall

attempt to resolve disputes related to the Compact that arise among

Member States and between Member and non-Member States.

2. The Compact Commission shall promulgate a Rule providing for

both mediation and binding dispute resolution for disputes as

appropriate.

J. Enforcement.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1249

1. By supermajority vote, the Compact Commission may initiate

legal action against a Member State in default in the United States

District Court for the District of Columbia or the federal district

where the Compact Commission has its principal offices to enforce

compliance with the provisions of the Compact and its promulgated

Rules. The relief sought may include both injunctive relief and

damages. In the event judicial enforcement is necessary, the

prevailing party shall be awarded all costs of such litigation,

including reasonable attorney’s fees. The remedies herein shall not

be the exclusive remedies of the Compact Commission. The Compact

Commission may pursue any other remedies available under federal or

the defaulting Member State’s law.

2. A Member State may initiate legal action against the Compact

Commission in the United States District Court for the District of

Columbia or the federal district where the Compact Commission has

its principal offices to enforce compliance with the provisions of

the Compact and its promulgated Rules. The relief sought may

include both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing party shall be awarded all

costs of such litigation, including reasonable attorney’s fees.

3. No party other than a Member State shall enforce this

Compact against the Compact Commission.

SECTION 12: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the

Compact statute is enacted into law in the seventh Member State.

1. On or after the effective date of the Compact, the Compact

Commission shall convene and review the enactment of each of the

first seven Member States (“Charter Member States”) to determine if

the statute enacted by each such Charter Member State is materially

different than the model Compact statute.

a. A Charter Member State whose enactment is found to be

materially different from the model Compact statute

shall be entitled to the default process set forth in

Section 11.

b. If any Member State is later found to be in default,

or is terminated, or withdraws from the Compact, the

Compact Commission shall remain in existence and the

Compact shall remain in effect even if the number of

Member States should be less than seven.

2. Member States enacting the Compact subsequent to the seven

initial Charter Member States shall be subject to the process set

forth in Section 8(C)(21) to determine if their enactments are

materially different from the model Compact statute and whether they

qualify for participation in the Compact.

3. All actions taken for the benefit of the Compact Commission

or in furtherance of the purposes of the administration of the

Compact prior to the effective date of the Compact or the Compact

Oklahoma Statutes - Title 59. Professions and Occupations Page 1250

Commission coming into existence shall be considered to be actions

of the Compact Commission unless specifically repudiated by the

Compact Commission.

4. Any State that joins the Compact subsequent to the Compact

Commission’s initial adoption of the Rules and bylaws shall be

subject to the Rules and bylaws as they exist on the date on which

the Compact becomes law in that State. Any Rule that has been

previously adopted by the Compact Commission shall have the full

force and effect of law on the day the Compact becomes law in that

State.

B. Any Member State may withdraw from this Compact by enacting

a statute repealing the same.

1. A Member State’s withdrawal shall not take effect until one

hundred eighty (180) days after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of

the withdrawing State’s Licensing Authority to comply with the

investigative and Adverse Action reporting requirements of this

Compact prior to the effective date of withdrawal.

3. Upon the enactment of a statute withdrawing from this

Compact, a State shall immediately provide notice of such withdrawal

to all Licensees within that State. Notwithstanding any subsequent

statutory enactment to the contrary, such withdrawing State shall

continue to recognize all Compact Privileges granted pursuant to

this Compact for a minimum of one hundred eighty (180) days after

the date of such notice of withdrawal.

C. Nothing contained in this Compact shall be construed to

invalidate or prevent any licensure agreement or other cooperative

arrangement between a Member State and a non-Member State that does

not conflict with the provisions of this Compact.

D. This Compact may be amended by the Member States. No

amendment to this Compact shall become effective and binding upon

any Member State until it is enacted into the laws of all Member

States.

SECTION 13: CONSTRUCTION AND SEVERABILITY

A. This Compact and the Compact Commission’s rulemaking

authority shall be liberally construed so as to effectuate the

purposes and the implementation and administration of the Compact.

Provisions of the Compact expressly authorizing or requiring the

promulgation of Rules shall not be construed to limit the Compact

Commission’s rulemaking authority solely for those purposes.

B. The provisions of this Compact shall be severable and if any

phrase, clause, sentence, or provision of this Compact is held by a

court of competent jurisdiction to be contrary to the constitution

of any Member State, a State seeking participation in the Compact,

or of the United States, or the applicability thereof to any

government, agency, person, or circumstance is held to be

unconstitutional by a court of competent jurisdiction, the validity

Oklahoma Statutes - Title 59. Professions and Occupations Page 1251

of the remainder of this Compact and the applicability thereof to

any other government, agency, person, or circumstance shall not be

affected thereby.

C. Notwithstanding Section 13(B), the Compact Commission may

deny a State’s participation in the Compact or, in accordance with

the requirements of Section 11(B), terminate a Member State’s

participation in the Compact, if it determines that a constitutional

requirement of a Member State is a material departure from the

Compact. Otherwise, if this Compact shall be held to be contrary to

the constitution of any Member State, the Compact shall remain in

full force and effect as to the remaining Member States and in full

force and effect as to the Member State affected as to all severable

matters.

SECTION 14: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE

LAWS

A. Nothing herein shall prevent or inhibit the enforcement of

any other law of a Member State that is not inconsistent with the

Compact.

B. Any laws, statutes, regulations, or other legal requirements

in a Member State in conflict with the Compact are superseded to the

extent of the conflict.

C. All permissible agreements between the Compact Commission

and the Member States are binding in accordance with their terms.
Okla. Stat. tit. 59, § 59-1921.2 — OK Code / Title 59 / Section 59-1921.2
Counseling Compact
Status: in_force

SECTION 1: PURPOSE

The purpose of this Compact is to facilitate interstate practice

of Licensed Professional Counselors with the goal of improving

public access to Professional Counseling services. The practice of

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Professional Counseling occurs in the State where the client is

located at the time of the counseling services. The Compact

preserves the regulatory authority of States to protect public

health and safety through the current system of State licensure.

This Compact is designed to achieve the following objectives:

A. Increase public access to Professional Counseling services

by providing for the mutual recognition of other Member State

licenses;

B. Enhance the States’ ability to protect the public’s health

and safety;

C. Encourage the cooperation of Member States in regulating

multistate practice for Licensed Professional Counselors;

D. Support spouses of relocating Active Duty Military

personnel;

E. Enhance the exchange of licensure, investigative, and

disciplinary information among Member States;

F. Allow for the use of Telehealth technology to facilitate

increased access to Professional Counseling services;

G. Support the uniformity of Professional Counseling licensure

requirements throughout the States to promote public safety and

public health benefits;

H. Invest all Member States with the authority to hold a

Licensed Professional Counselor accountable for meeting all State

practice laws in the State in which the client is located at the

time care is rendered through the mutual recognition of Member State

licenses;

I. Eliminate the necessity for licenses in multiple States; and

J. Provide opportunities for interstate practice by Licensed

Professional Counselors who meet uniform licensure requirements.

SECTION 2: DEFINITIONS

As used in this Compact, and except as otherwise provided, the

following definitions shall apply:

A. “Active Duty Military” means full-time duty status in the

active uniformed service of the United States, including members of

the National Guard and Reserve on active duty orders pursuant to 10

U.S.C. Chapters 1209 and 1211.

B. “Adverse Action” means any administrative, civil, equitable,

or criminal action permitted by a State’s laws which is imposed by a

Licensing Board or other authority against a Licensed Professional

Counselor, including actions against an individual’s license or

Privilege to Practice such as revocation, suspension, probation,

monitoring of the licensee, limitation on the licensee’s practice,

or any other Encumbrance on licensure affecting a Licensed

Professional Counselor’s authorization to practice, including

issuance of a cease and desist action.

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C. “Alternative Program” means a non-disciplinary monitoring or

practice remediation process approved by a Professional Counseling

Licensing Board to address Impaired Practitioners.

D. “Continuing Competence/Education” means a requirement, as a

condition of license renewal, to provide evidence of participation

in, and/or completion of, educational and professional activities

relevant to practice or area of work.

E. “Counseling Compact Commission” or “Commission” means the

national administrative body whose membership consists of all States

that have enacted the Compact.

F. “Current Significant Investigative Information” means:

1. Investigative Information that a Licensing Board, after a

preliminary inquiry that includes notification and an opportunity

for the Licensed Professional Counselor to respond, if required by

State law, has reason to believe is not groundless and, if proved

true, would indicate more than a minor infraction; or

2. Investigative Information that indicates that the Licensed

Professional Counselor represents an immediate threat to public

health and safety regardless of whether the Licensed Professional

Counselor has been notified and had an opportunity to respond.

G. “Data System” means a repository of information about

Licensees, including, but not limited to, continuing education,

examination, licensure, investigative, Privilege to Practice, and

Adverse Action information.

H. “Encumbered License” means a license in which an Adverse

Action restricts the practice of Professional Counseling by the

Licensee and said Adverse Action has been reported to the National

Practitioner Data Bank (NPDB).

I. “Encumbrance” means a revocation or suspension of, or any

limitation on, the full and unrestricted practice of Professional

Counseling by a Licensing Board.

J. “Executive Committee” means a group of directors elected or

appointed to act on behalf of, and within the powers granted to them

by, the Commission.

K. “Home State” means the Member State that is the Licensee’s

primary State of residence.

L. “Impaired Practitioner” means an individual who has a

condition(s) that may impair his or her ability to practice as a

Licensed Professional Counselor without some type of intervention

and may include, but are not limited to, alcohol and drug

dependence, mental health impairment, and neurological or physical

impairments.

M. “Investigative Information” means information, records, and

documents received or generated by a Professional Counseling

Licensing Board pursuant to an investigation.

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N. “Jurisprudence Requirement” if required by a Member State,

means the assessment of an individual’s knowledge of the laws and

Rules governing the practice of Professional Counseling in a State.

O. “Licensed Professional Counselor” means a counselor licensed

by a Member State, regardless of the title used by that State, to

independently assess, diagnose, and treat behavioral health

conditions.

P. “Licensee” means an individual who currently holds an

authorization from the State to practice as a Licensed Professional

Counselor.

Q. “Licensing Board” means the agency of a State, or

equivalent, that is responsible for the licensing and regulation of

Licensed Professional Counselors.

R. “Member State” means a State that has enacted the Compact.

S. “Privilege to Practice” means a legal authorization, which

is equivalent to a license, permitting the practice of Professional

Counseling in a Remote State.

T. “Professional Counseling” means the assessment, diagnosis,

and treatment of behavioral health conditions by a Licensed

Professional Counselor.

U. “Remote State” means a Member State other than the Home

State, where a Licensee is exercising or seeking to exercise the

Privilege to Practice.

V. “Rule” means a regulation promulgated by the Commission that

has the force of law.

W. “Single State License” means a Licensed Professional

Counselor license issued by a Member State that authorizes practice

only within the issuing State and does not include a Privilege to

Practice in any other Member State.

X. “State” means any state, commonwealth, district, or

territory of the United States of America that regulates the

practice of Professional Counseling.

Y. “Telehealth” means the application of telecommunication

technology to deliver Professional Counseling services remotely to

assess, diagnose, and treat behavioral health conditions.

Z. “Unencumbered License” means a license that authorizes a

Licensed Professional Counselor to engage in the full and

unrestricted practice of Professional Counseling.

SECTION 3: STATE PARTICIPATION IN THE COMPACT

A. To Participate in the Compact, a State must currently:

1. License and regulate Licensed Professional Counselors;

2. Require Licensees to pass a nationally recognized exam

approved by the Commission;

3. Require Licensees to have a 60-semester-hour (or 90-quarter-

hour) master’s degree in counseling or 60 semester hours (or 90

quarter hours) of graduate course work including the following topic

areas:

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a. Professional Counseling Orientation and Ethical

Practice;

b. Social and Cultural Diversity;

c. Human Growth and Development;

d. Career Development;

e. Counseling and Helping Relationships;

f. Group Counseling and Group Work;

g. Diagnosis and Treatment; Assessment and Testing;

h. Research and Program Evaluation; and

i. Other areas as determined by the Commission;

4. Require Licensees to complete a supervised postgraduate

professional experience as defined by the Commission; and

5. Have a mechanism in place for receiving and investigating

complaints about Licensees.

B. A Member State shall:

1. Participate fully in the Commission’s Data System, including

using the Commission’s unique identifier as defined in Rules;

2. Notify the Commission, in compliance with the terms of the

Compact and Rules, of any Adverse Action or the availability of

Investigative Information regarding a Licensee;

3. Implement or utilize procedures for considering the criminal

history records of applicants for an initial Privilege to Practice.

These procedures shall include the submission of fingerprints or

other biometric-based information by applicants for the purpose of

obtaining an applicant’s criminal history record information from

the Federal Bureau of Investigation and the agency responsible for

retaining that State’s criminal records.

a. A member state must fully implement a criminal

background check requirement, within a time frame

established by rule, by receiving the results of the

Federal Bureau of Investigation record search and

shall use the results in making licensure decisions.

b. Communication between a Member State, the Commission,

and among Member States regarding the verification of

eligibility for licensure through the Compact shall

not include any information received from the Federal

Bureau of Investigation relating to a federal criminal

records check performed by a Member State under Public

Law 92-544;

4. Comply with the Rules of the Commission;

5. Require an applicant to obtain or retain a license in the

Home State and meet the Home State’s qualifications for licensure or

renewal of licensure, as well as all other applicable State laws;

6. Grant the Privilege to Practice to a Licensee holding a

valid Unencumbered License in another Member State in accordance

with the terms of the Compact and Rules; and

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7. Provide for the attendance of the State’s commissioner to

the Counseling Compact Commission meetings.

C. Member States may charge a fee for granting the Privilege to

Practice.

D. Individuals not residing in a Member State shall continue to

be able to apply for a Member State’s Single State License as

provided under the laws of each Member State. However, the Single

State License granted to these individuals shall not be recognized

as granting a Privilege to Practice Professional Counseling in any

other Member State.

E. Nothing in this Compact shall affect the requirements

established by a Member State for the issuance of a Single State

License.

F. A license issued to a Licensed Professional Counselor by a

Home State to a resident in that State shall be recognized by each

Member State as authorizing a Licensed Professional Counselor to

practice Professional Counseling, under a Privilege to Practice, in

each Member State.

SECTION 4: PRIVILEGE TO PRACTICE

A. To exercise the Privilege to Practice under the terms and

provisions of the Compact, the Licensee shall:

1. Hold a license in the Home State;

2. Have a valid United States Social Security Number or

National Practitioner Identifier;

3. Be eligible for a Privilege to Practice in any Member State

in accordance with Section 4D, G, and H;

4. Have not had any Encumbrance or restriction against any

license or Privilege to Practice within the previous two (2) years;

5. Notify the Commission that the Licensee is seeking the

Privilege to Practice within a Remote State(s);

6. Pay any applicable fees, including any State fee, for the

Privilege to Practice;

7. Meet any Continuing Competence/Education requirements

established by the Home State;

8. Meet any Jurisprudence Requirements established by the

Remote State(s) in which the Licensee is seeking a Privilege to

Practice; and

9. Report to the Commission any Adverse Action, Encumbrance, or

restriction on his or her license taken by any non-Member State

within 30 days from the date the action is taken.

B. The Privilege to Practice is valid until the expiration date

of the Home State license. The Licensee must comply with the

requirements of Section 4A to maintain the Privilege to Practice in

the Remote State.

C. A Licensee providing Professional Counseling in a Remote

State under the Privilege to Practice shall adhere to the laws and

regulations of the Remote State.

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D. A Licensee providing Professional Counseling services in a

Remote State is subject to that State’s regulatory authority. A

Remote State may, in accordance with due process and that State’s

laws, remove a Licensee’s Privilege to Practice in the Remote State

for a specific period of time, impose fines, and/or take any other

necessary actions to protect the health and safety of its citizens.

The Licensee may be ineligible for a Privilege to Practice in any

Member State until the specific time for removal has passed and all

fines are paid.

E. If a Home State license is encumbered, the Licensee shall

lose the Privilege to Practice in any Remote State until the

following occur:

1. The Home State license is no longer encumbered; and

2. The Licensee has not had any Encumbrance or restriction

against any license or Privilege to Practice within the previous two

(2) years.

F. Once an Encumbered License in the Home State is restored to

good standing, the Licensee must meet the requirements of Section 4A

to obtain a Privilege to Practice in any Remote State.

G. If a Licensee’s Privilege to Practice in any Remote State is

removed, the individual may lose the Privilege to Practice in all

other Remote States until the following occur:

1. The specific period of time for which the Privilege to

Practice was removed has ended;

2. All fines have been paid; and

3. The Licensee has not had any Encumbrance or restriction

against any license or Privilege to Practice within the previous two

(2) years.

H. Once the requirements of Section 4G have been met, the

Licensee must meet the requirements in Section 4A to obtain a

Privilege to Practice in a Remote State.

SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A

PRIVILEGE TO PRACTICE

A. A Licensed Professional Counselor may hold a Home State

license, which allows for a Privilege to Practice in other Member

States, in only one Member State at a time.

B. If a Licensed Professional Counselor changes primary State

of residence by moving between two Member States:

1. The Licensed Professional Counselor shall file an

application for obtaining a new Home State license based on a

Privilege to Practice, pay all applicable fees, and notify the

current and new Home State in accordance with applicable Rules

adopted by the Commission.

2. Upon receipt of an application for obtaining a new Home

State license by virtue of a Privilege to Practice, the new Home

State shall verify that the Licensed Professional Counselor meets

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the pertinent criteria outlined in Section 4 via the Data System,

without need for primary source verification except for:

a. a Federal Bureau of Investigation fingerprint based

criminal background check if not previously performed

or updated pursuant to applicable rules adopted by the

Commission in accordance with Public Law 92-544;

b. other criminal background check as required by the new

Home State; and

c. completion of any requisite Jurisprudence Requirements

of the new Home State.

3. The former Home State shall convert the former Home State

license into a Privilege to Practice once the new Home State has

activated the new Home State license in accordance with applicable

Rules adopted by the Commission.

4. Notwithstanding any other provision of this Compact, if the

Licensed Professional Counselor cannot meet the criteria in Section

4, the new Home State may apply its requirements for issuing a new

Single State License.

5. The Licensed Professional Counselor shall pay all applicable

fees to the new Home State in order to be issued a new Home State

license.

C. If a Licensed Professional Counselor changes Primary State

of Residence by moving from a Member State to a non-Member State, or

from a non-Member State to a Member State, the State criteria shall

apply for issuance of a Single State License in the new State.

D. Nothing in this Compact shall interfere with a Licensee’s

ability to hold a Single State License in multiple States, however

for the purposes of this Compact, a Licensee shall have only one

Home State license.

E. Nothing in this Compact shall affect the requirements

established by a Member State for the issuance of a Single State

License.

SECTION 6: ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

Active Duty Military personnel, or their spouse, shall designate

a Home State where the individual has a current license in good

standing. The individual may retain the Home State designation

during the period the service member is on active duty. Subsequent

to designating a Home State, the individual shall only change his or

her Home State through application for licensure in the new State,

or through the process outlined in Section 5.

SECTION 7: COMPACT PRIVILEGE TO PRACTICE TELEHEALTH

A. Member States shall recognize the right of a Licensed

Professional Counselor, licensed by a Home State in accordance with

Section 3 and under Rules promulgated by the Commission, to practice

Professional Counseling in any Member State via Telehealth under a

Privilege to Practice as provided in the Compact and Rules

promulgated by the Commission.

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B. A Licensee providing Professional Counseling services in a

Remote State under the Privilege to Practice shall adhere to the

laws and regulations of the Remote State.

SECTION 8: ADVERSE ACTIONS

A. In addition to the other powers conferred by State law, a

Remote State shall have the authority, in accordance with existing

State due process law, to:

1. Take Adverse Action against a Licensed Professional

Counselor’s Privilege to Practice within that Member State; and

2. Issue subpoenas for both hearings and investigations that

require the attendance and testimony of witnesses as well as the

production of evidence. Subpoenas issued by a Licensing Board in a

Member State for the attendance and testimony of witnesses or the

production of evidence from another Member State shall be enforced

in the latter State by any court of competent jurisdiction,

according to the practice and procedure of that court applicable to

subpoenas issued in proceedings pending before it. The issuing

authority shall pay any witness fees, travel expenses, mileage, and

other fees required by the service statutes of the State in which

the witnesses or evidence are located.

3. Only the Home State shall have the power to take Adverse

Action against a Licensed Professional Counselor’s license issued by

the Home State.

B. For purposes of taking Adverse Action, the Home State shall

give the same priority and effect to reported conduct received from

a Member State as it would if the conduct had occurred within the

Home State. In so doing, the Home State shall apply its own State

laws to determine appropriate action.

C. The Home State shall complete any pending investigations of

a Licensed Professional Counselor who changes primary State of

residence during the course of the investigations. The Home State

shall also have the authority to take appropriate action(s) and

shall promptly report the conclusions of the investigations to the

administrator of the Data System. The administrator of the

coordinated licensure information system shall promptly notify the

new Home State of any Adverse Actions.

D. A Member State, if otherwise permitted by State law, may

recover from the affected Licensed Professional Counselor the costs

of investigations and dispositions of cases resulting from any

Adverse Action taken against that Licensed Professional Counselor.

E. A Member State may take Adverse Action based on the factual

findings of the Remote State, provided that the Member State follows

its own procedures for taking the Adverse Action.

F. Joint Investigations.

1. In addition to the authority granted to a Member State by

its respective Professional Counseling practice act or other

Oklahoma Statutes - Title 59. Professions and Occupations Page 1355

applicable State law, any Member State may participate with other

Member States in joint investigations of Licensees.

2. Member States shall share any investigative, litigation, or

compliance materials in furtherance of any joint or individual

investigation initiated under the Compact.

G. If Adverse Action is taken by the Home State against the

license of a Licensed Professional Counselor, the Licensed

Professional Counselor’s Privilege to Practice in all other Member

States shall be deactivated until all Encumbrances have been removed

from the State license. All Home State disciplinary orders that

impose Adverse Action against the license of a Licensed Professional

Counselor shall include a Statement that the Licensed Professional

Counselor’s Privilege to Practice is deactivated in all Member

States during the pendency of the order.

H. If a Member State takes Adverse Action, it shall promptly

notify the administrator of the Data System. The administrator of

the Data System shall promptly notify the Home State of any Adverse

Actions by Remote States.

I. Nothing in this Compact shall override a Member State’s

decision that participation in an Alternative Program may be used in

lieu of Adverse Action.

SECTION 9: ESTABLISHMENT OF COUNSELING COMPACT COMMISSION

A. The Compact Member States hereby create and establish a

joint public agency known as the Counseling Compact Commission:

1. The Commission is an instrumentality of the Compact States.

2. Venue is proper and judicial proceedings by or against the

Commission shall be brought solely and exclusively in a court of

competent jurisdiction where the principal office of the Commission

is located. The Commission may waive venue and jurisdictional

defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver of

sovereign immunity.

B. Membership, Voting, and Meetings.

1. Each Member State shall have and be limited to one (1)

delegate selected by that Member State’s Licensing Board.

2. The delegate shall be either:

a. A current member of the Licensing Board at the time of

appointment, who is a Licensed Professional Counselor

or public member; or

b. An administrator of the Licensing Board.

3. Any delegate may be removed or suspended from office as

provided by the law of the State from which the delegate is

appointed.

4. The Member State Licensing Board shall fill any vacancy

occurring on the Commission within sixty (60) days.

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5. Each delegate shall be entitled to one (1) vote with regard

to the promulgation of Rules and creation of bylaws and shall

otherwise have an opportunity to participate in the business and

affairs of the Commission.

6. A delegate shall vote in person or by such other means as

provided in the bylaws. The bylaws may provide for delegates’

participation in meetings by telephone or other means of

communication.

7. The Commission shall meet at least once during each calendar

year. Additional meetings shall be held as set forth in the bylaws.

8. The Commission shall by Rule establish a term of office for

delegates and may by Rule establish term limits.

C. The Commission shall have the following powers and duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Maintain its financial records in accordance with the

bylaws;

4. Meet and take such actions as are consistent with the

provisions of this Compact and the bylaws;

5. Promulgate Rules which shall be binding to the extent and in

the manner provided for in the Compact;

6. Bring and prosecute legal proceedings or actions in the name

of the Commission, provided that the standing of any State Licensing

Board to sue or be sued under applicable law shall not be affected;

7. Purchase and maintain insurance and bonds;

8. Borrow, accept, or contract for services of personnel,

including, but not limited to, employees of a Member State;

9. Hire employees, elect or appoint officers, fix compensation,

define duties, grant such individuals appropriate authority to carry

out the purposes of the Compact, and establish the Commission’s

personnel policies and programs relating to conflicts of interest,

qualifications of personnel, and other related personnel matters;

10. Accept any and all appropriate donations and grants of

money, equipment, supplies, materials, and services, and to receive,

utilize, and dispose of the same; provided that at all times the

Commission shall avoid any appearance of impropriety and/or conflict

of interest;

11. Lease, purchase, accept appropriate gifts or donations of,

or otherwise own, hold, improve, or use, any property, real,

personal, or mixed; provided that at all times the Commission shall

avoid any appearance of impropriety;

12. Sell, convey, mortgage, pledge, lease, exchange, abandon,

or otherwise dispose of any property real, personal, or mixed;

13. Establish a budget and make expenditures;

14. Borrow money;

15. Appoint committees, including standing committees composed

of members, State regulators, State legislators or their

Oklahoma Statutes - Title 59. Professions and Occupations Page 1357

representatives, consumer representatives, and such other interested

persons as may be designated in this Compact and the bylaws;

16. Provide and receive information from, and cooperate with,

law enforcement agencies;

17. Establish and elect an Executive Committee; and

18. Perform such other functions as may be necessary or

appropriate to achieve the purposes of this Compact consistent with

the State regulation of Professional Counseling licensure and

practice.

D. The Executive Committee.

1. The Executive Committee shall have the power to act on

behalf of the Commission according to the terms of this Compact.

2. The Executive Committee shall be composed of up to eleven

(11) members:

a. Seven voting members who are elected by the Commission

from the current membership of the Commission; and

b. Up to four ex-officio, nonvoting members from four

recognized national professional counselor

organizations.

c. The ex-officio members will be selected by their

respective organizations.

3. The Commission may remove any member of the Executive

Committee as provided in bylaws.

4. The Executive Committee shall meet at least annually.

5. The Executive Committee shall have the following duties and

responsibilities:

a. Recommend to the entire Commission changes to the

Rules or bylaws, changes to this Compact legislation,

fees paid by Compact Member States such as annual

dues, and any Commission Compact fee charged to

Licensees for the Privilege to Practice;

b. Ensure Compact administration services are

appropriately provided, contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the

Commission;

e. Monitor Compact compliance of Member States and

provide compliance reports to the Commission;

f. Establish additional committees as necessary; and

g. Other duties as provided in Rules or bylaws.

E. Meetings of the Commission.

1. All meetings shall be open to the public, and public notice

of meetings shall be given in the same manner as required under the

Rulemaking provisions in Section 11.

2. The Commission or the Executive Committee or other

committees of the Commission may convene in a closed, non-public

Oklahoma Statutes - Title 59. Professions and Occupations Page 1358

meeting if the Commission or Executive Committee or other committees

of the Commission must discuss:

a. Non-compliance of a Member State with its obligations

under the Compact;

b. The employment, compensation, discipline or other

matters, practices or procedures related to specific

employees, or other matters related to the

Commission’s internal personnel practices and

procedures;

c. Current, threatened, or reasonably anticipated

litigation;

d. Negotiation of contracts for the purchase, lease, or

sale of goods, services, or real estate;

e. Accusing any person of a crime or formally censuring

any person;

f. Disclosure of trade secrets or commercial or financial

information that is privileged or confidential;

g. Disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy;

h. Disclosure of investigative records compiled for law

enforcement purposes;

i. Disclosure of information related to any investigative

reports prepared by or on behalf of or for use of the

Commission or other committee charged with

responsibility of investigation or determination of

compliance issues pursuant to the Compact; or

j. Matters specifically exempted from disclosure by

federal or Member State statute.

3. If a meeting, or portion of a meeting, is closed pursuant to

this provision, the Commission’s legal counsel or designee shall

certify that the meeting may be closed and shall reference each

relevant exempting provision.

4. The Commission shall keep minutes that fully and clearly

describe all matters discussed in a meeting and shall provide a full

and accurate summary of actions taken, and the reasons therefore,

including a description of the views expressed. All documents

considered in connection with an action shall be identified in such

minutes. All minutes and documents of a closed meeting shall remain

under seal, subject to release by a majority vote of the Commission

or order of a court of competent jurisdiction.

F. Financing of the Commission.

1. The Commission shall pay, or provide for the payment of, the

reasonable expenses of its establishment, organization, and ongoing

activities.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1359

2. The Commission may accept any and all appropriate revenue

sources, donations, and grants of money, equipment, supplies,

materials, and services.

3. The Commission may levy on and collect an annual assessment

from each Member State or impose fees on other parties to cover the

cost of the operations and activities of the Commission and its

staff, which must be in a total amount sufficient to cover its

annual budget as approved each year for which revenue is not

provided by other sources. The aggregate annual assessment amount

shall be allocated based upon a formula to be determined by the

Commission, which shall promulgate a Rule binding upon all Member

States.

4. The Commission shall not incur obligations of any kind prior

to securing the funds adequate to meet the same; nor shall the

Commission pledge the credit of any of the Member States, except by

and with the authority of the Member State.

5. The Commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the Commission

shall be subject to the audit and accounting procedures established

under its bylaws. However, all receipts and disbursements of funds

handled by the Commission shall be audited yearly by a certified or

licensed public accountant, and the report of the audit shall be

included in and become part of the annual report of the Commission.

G. Qualified Immunity, Defense, and Indemnification.

1. The members, officers, executive director, employees, and

representatives of the Commission shall be immune from suit and

liability, either personally or in their official capacity, for any

claim for damage to or loss of property or personal injury or other

civil liability caused by or arising out of any actual or alleged

act, error, or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing occurred

within the scope of Commission employment, duties, or

responsibilities; provided that nothing in this paragraph shall be

construed to protect any such person from suit and/or liability for

any damage, loss, injury, or liability caused by the intentional or

willful or wanton misconduct of that person.

2. The Commission shall defend any member, officer, executive

director, employee, or representative of the Commission in any civil

action seeking to impose liability arising out of any actual or

alleged act, error, or omission that occurred within the scope of

Commission employment, duties, or responsibilities, or that the

person against whom the claim is made had a reasonable basis for

believing occurred within the scope of Commission employment,

duties, or responsibilities; provided that nothing herein shall be

construed to prohibit that person from retaining his or her own

counsel; and provided further, that the actual or alleged act,

Oklahoma Statutes - Title 59. Professions and Occupations Page 1360

error, or omission did not result from that person’s intentional or

willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member,

officer, executive director, employee, or representative of the

Commission for the amount of any settlement or judgment obtained

against that person arising out of any actual or alleged act, error,

or omission that occurred within the scope of Commission employment,

duties, or responsibilities, or that such person had a reasonable

basis for believing occurred within the scope of Commission

employment, duties, or responsibilities, provided that the actual or

alleged act, error, or omission did not result from the intentional

or willful or wanton misconduct of that person.

SECTION 10: DATA SYSTEM

A. The Commission shall provide for the development,

maintenance, operation, and utilization of a coordinated database

and reporting system containing licensure, Adverse Action, and

Investigative Information on all licensed individuals in Member

States.

B. Notwithstanding any other provision of State law to the

contrary, a Member State shall submit a uniform data set to the Data

System on all individuals to whom this Compact is applicable as

required by the Rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a license or Privilege to Practice;

4. Non-confidential information related to Alternative Program

participation;

5. Any denial of application for licensure, and the reason(s)

for such denial;

6. Current Significant Investigative Information; and

7. Other information that may facilitate the administration of

this Compact, as determined by the Rules of the Commission.

C. Investigative Information pertaining to a Licensee in any

Member State will only be available to other Member States.

D. The Commission shall promptly notify all Member States of

any Adverse Action taken against a Licensee or an individual

applying for a license. Adverse Action information pertaining to a

Licensee in any Member State will be available to any other Member

State.

E. Member States contributing information to the Data System

may designate information that may not be shared with the public

without the express permission of the contributing State.

F. Any information submitted to the Data System that is

subsequently required to be expunged by the laws of the Member State

contributing the information shall be removed from the Data System.

SECTION 11: RULEMAKING

Oklahoma Statutes - Title 59. Professions and Occupations Page 1361

A. The Commission shall promulgate reasonable Rules in order to

effectively and efficiently achieve the purpose of the Compact.

Notwithstanding the foregoing, in the event the Commission exercises

its Rulemaking authority in a manner that is beyond the scope of the

purposes of the Compact, or the powers granted hereunder, then such

an action by the Commission shall be invalid and have no force or

effect.

B. The Commission shall exercise its Rulemaking powers pursuant

to the criteria set forth in this Section and the Rules adopted

thereunder. Rules and amendments shall become binding as of the

date specified in each Rule or amendment.

C. If a majority of the legislatures of the Member States

rejects a Rule, by enactment of a statute or resolution in the same

manner used to adopt the Compact within four (4) years of the date

of adoption of the Rule, then such Rule shall have no further force

and effect in any Member State.

D. Rules or amendments to the Rules shall be adopted at a

regular or special meeting of the Commission.

E. Prior to promulgation and adoption of a final Rule or Rules

by the Commission, and at least thirty (30) days in advance of the

meeting at which the Rule will be considered and voted upon, the

Commission shall file a Notice of Proposed Rulemaking:

1. On the website of the Commission or other publicly

accessible platform; and

2. On the website of each Member State Professional Counseling

Licensing Board or other publicly accessible platform or the

publication in which each State would otherwise publish proposed

Rules.

F. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date, and location of the meeting in

which the Rule will be considered and voted upon;

2. The text of the proposed Rule or amendment and the reason

for the proposed Rule;

3. A request for comments on the proposed Rule from any

interested person; and

4. The manner in which interested persons may submit notice to

the Commission of their intention to attend the public hearing and

any written comments.

G. Prior to adoption of a proposed Rule, the Commission shall

allow persons to submit written data, facts, opinions, and

arguments, which shall be made available to the public.

H. The Commission shall grant an opportunity for a public

hearing before it adopts a Rule or amendment if a hearing is

requested by:

1. At least twenty-five (25) persons;

2. A State or federal governmental subdivision or agency; or

3. An association having at least twenty-five (25) members.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1362

I. If a hearing is held on the proposed Rule or amendment, the

Commission shall publish the place, time, and date of the scheduled

public hearing. If the hearing is held via electronic means, the

Commission shall publish the mechanism for access to the electronic

hearing.

1. All persons wishing to be heard at the hearing shall notify

the executive director of the Commission or other designated member

in writing of their desire to appear and testify at the hearing not

less than five (5) business days before the scheduled date of the

hearing.

2. Hearings shall be conducted in a manner providing each

person who wishes to comment a fair and reasonable opportunity to

comment orally or in writing.

3. All hearings will be recorded. A copy of the recording will

be made available on request.

4. Nothing in this Section shall be construed as requiring a

separate hearing on each Rule. Rules may be grouped for the

convenience of the Commission at hearings required by this Section.

J. Following the scheduled hearing date, or by the close of

business on the scheduled hearing date if the hearing was not held,

the Commission shall consider all written and oral comments

received.

K. If no written notice of intent to attend the public hearing

by interested parties is received, the Commission may proceed with

promulgation of the proposed Rule without a public hearing.

L. The Commission shall, by majority vote of all members, take

final action on the proposed Rule and shall determine the effective

date of the Rule, if any, based on the Rulemaking record and the

full text of the Rule.

M. Upon determination that an emergency exists, the Commission

may consider and adopt an emergency Rule without prior notice,

opportunity for comment, or hearing, provided that the usual

Rulemaking procedures provided in the Compact and in this Section

shall be retroactively applied to the Rule as soon as reasonably

possible, in no event later than ninety (90) days after the

effective date of the Rule. For the purposes of this provision, an

emergency Rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or

welfare;

2. Prevent a loss of Commission or Member State funds;

3. Meet a deadline for the promulgation of an administrative

Rule that is established by federal law or Rule; or

4. Protect public health and safety.

N. The Commission or an authorized committee of the Commission

may direct revisions to a previously adopted Rule or amendment for

purposes of correcting typographical errors, errors in format,

errors in consistency, or grammatical errors. Public notice of any

Oklahoma Statutes - Title 59. Professions and Occupations Page 1363

revisions shall be posted on the website of the Commission. The

revision shall be subject to challenge by any person for a period of

thirty (30) days after posting. The revision may be challenged only

on grounds that the revision results in a material change to a Rule.

A challenge shall be made in writing and delivered to the chair of

the Commission prior to the end of the notice period. If no

challenge is made, the revision will take effect without further

action. If the revision is challenged, the revision may not take

effect without the approval of the Commission.

SECTION 12: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight.

1. The executive, legislative, and judicial branches of State

government in each Member State shall enforce this Compact and take

all actions necessary and appropriate to effectuate the Compact’s

purposes and intent. The provisions of this Compact and the Rules

promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the Compact and the

Rules in any judicial or administrative proceeding in a Member State

pertaining to the subject matter of this Compact which may affect

the powers, responsibilities, or actions of the Commission.

3. The Commission shall be entitled to receive service of

process in any such proceeding and shall have standing to intervene

in such a proceeding for all purposes. Failure to provide service

of process to the Commission shall render a judgment or order void

as to the Commission, this Compact, or promulgated Rules.

B. Default, Technical Assistance, and Termination.

1. If the Commission determines that a Member State has

defaulted in the performance of its obligations or responsibilities

under this Compact or the promulgated Rules, the Commission shall:

a. Provide written notice to the defaulting State and

other Member States of the nature of the default, the

proposed means of curing the default, and/or any other

action to be taken by the Commission; and

b. Provide remedial training and specific technical

assistance regarding the default.

C. If a State in default fails to cure the default, the

defaulting State may be terminated from the Compact upon an

affirmative vote of a majority of the Member States, and all rights,

privileges, and benefits conferred by this Compact may be terminated

on the effective date of termination. A cure of the default does

not relieve the offending State of obligations or liabilities

incurred during the period of default.

D. Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to suspend or terminate shall be given

by the Commission to the governor, the majority and minority leaders

Oklahoma Statutes - Title 59. Professions and Occupations Page 1364

of the defaulting State’s legislature, and each of the Member

States.

E. A State that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination.

F. The Commission shall not bear any costs related to a State

that is found to be in default or that has been terminated from the

Compact, unless agreed upon in writing between the Commission and

the defaulting State.

G. The defaulting State may appeal the action of the Commission

by petitioning the United States District Court for the District of

Columbia or the federal district where the Commission has its

principal offices. The prevailing member shall be awarded all costs

of such litigation, including reasonable attorney’s fees.

H. Dispute Resolution.

1. Upon request by a Member State, the Commission shall attempt

to resolve disputes related to the Compact that arise among Member

States and between member and non-Member States.

2. The Commission shall promulgate a Rule providing for both

mediation and binding dispute resolution for disputes as

appropriate.

I. Enforcement.

1. The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and Rules of this Compact.

2. By majority vote, the Commission may initiate legal action

in the United States District Court for the District of Columbia or

the federal district where the Commission has its principal offices

against a Member State in default to enforce compliance with the

provisions of the Compact and its promulgated Rules and bylaws. The

relief sought may include both injunctive relief and damages. In

the event judicial enforcement is necessary, the prevailing member

shall be awarded all costs of such litigation, including reasonable

attorney’s fees.

3. The remedies herein shall not be the exclusive remedies of

the Commission. The Commission may pursue any other remedies

available under federal or State law.

SECTION 13: DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT

COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the

Compact statute is enacted into law in the tenth Member State. The

provisions, which become effective at that time, shall be limited to

the powers granted to the Commission relating to assembly and the

promulgation of Rules. Thereafter, the Commission shall meet and

exercise Rulemaking powers necessary to the implementation and

administration of the Compact.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1365

B. Any State that joins the Compact subsequent to the

Commission’s initial adoption of the Rules shall be subject to the

Rules as they exist on the date on which the Compact becomes law in

that State. Any Rule that has been previously adopted by the

Commission shall have the full force and effect of law on the day

the Compact becomes law in that State.

C. Any Member State may withdraw from this Compact by enacting

a statute repealing the same.

1. A Member State’s withdrawal shall not take effect until six

(6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of

the withdrawing State’s Professional Counseling Licensing Board to

comply with the investigative and Adverse Action reporting

requirements of this act prior to the effective date of withdrawal.

D. Nothing contained in this Compact shall be construed to

invalidate or prevent any Professional Counseling licensure

agreement or other cooperative arrangement between a Member State

and a non-Member State that does not conflict with the provisions of

this Compact.

E. This Compact may be amended by the Member States. No

amendment to this Compact shall become effective and binding upon

any Member State until it is enacted into the laws of all Member

States.

SECTION 14: CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate

the purposes thereof. The provisions of this Compact shall be

severable and if any phrase, clause, sentence, or provision of this

Compact is declared to be contrary to the Constitution of any Member

State or of the United States or the applicability thereof to any

government, agency, person, or circumstance is held invalid, the

validity of the remainder of this Compact and the applicability

thereof to any government, agency, person or circumstance shall not

be affected thereby. If this Compact shall be held contrary to the

Constitution of any Member State, the Compact shall remain in full

force and effect as to the remaining Member States and in full force

and effect as to the Member State affected as to all severable

matters.

SECTION 15: BINDING EFFECT OF COMPACT AND OTHER LAWS

A. A Licensee providing Professional Counseling services in a

Remote State under the Privilege to Practice shall adhere to the

laws and regulations, including scope of practice, of the Remote

State.

B. Nothing herein prevents the enforcement of any other law of

a Member State that is not inconsistent with the Compact.

C. Any laws in a Member State in conflict with the Compact are

superseded to the extent of the conflict.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1366

D. Any lawful actions of the Commission, including all Rules

and bylaws properly promulgated by the Commission, are binding upon

the Member States.

E. All permissible agreements between the Commission and the

Member States are binding in accordance with their terms.

F. In the event any provision of the Compact exceeds the

constitutional limits imposed on the legislature of any Member

State, the provision shall be ineffective to the extent of the

conflict with the constitutional provision in question in that

Member State.