reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.5. Duties of State Board of Behavioral Health Licensure.

A. The State Board of Behavioral Health Licensure shall:
1. Prescribe, adopt and promulgate rules to implement and enforce the provisions of the Marital and Family Therapist Licensure Act;
2. Set license and examination fees as required by the Marital and Family Therapist Licensure Act, including the adoption of the State Department of Health rules by reference; and
3. Adopt and establish rules of professional conduct.
B. The Board shall have the authority to:
1. Seek injunctive relief;
2. Receive fees and deposit said fees into the Licensed Marital and Family Therapist Revolving Fund as required by the Marital and Family Therapist Licensure Act;
3. Issue, renew, revoke, deny, suspend and place on probation licenses to practice marital and family therapy pursuant to the provisions of the Marital and Family Therapist Licensure Act;
4. Examine all qualified applicants for licenses to practice marital and family therapy;
5. Accept grants and gifts from various foundations and institutions;
6. Make such expenditures and employ such personnel as the Commissioner may deem necessary for the administration of the Marital and Family Therapist Licensure Act;
7. Request the district attorney to bring an action to enforce the provisions of the Marital and Family Therapist Licensure Act; and
8. Request assistance from the State Board of Medical Licensure and Supervision for the purposes of investigating complaints and possible violations of the Marital and Family Therapist Licensure Act.
Added by Laws 1990, c. 166, § 5, eff. Jan. 1, 1991. Amended by Laws 1995, c. 167, § 15, eff. Nov. 1, 1995; Laws 1998, c. 295, § 20, eff. Nov. 1, 1998; Laws 2013, c. 229, § 19, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.6. License - Application - Qualifications - Examinations.

A. Applications for a license to practice as a licensed marital and family therapist shall be made to the State Board of Behavioral Health Licensure in writing. Such applications shall be on a form and in a manner prescribed by the Board. The application shall be accompanied by the fee required by Section 1925.18 of this title which shall be retained by the Board and not returned to the applicant.
B. Each applicant for a license to practice as a licensed marital and family therapist shall:
1. Be at least twenty-one (21) years of age;
2. Not have engaged in, nor be engaged in, any practice or conduct which would be a grounds for revoking, suspending or placing on probation a license under Section 1925.15 of this title; and
3. Otherwise comply with the rules and regulations promulgated by the Board pursuant to the provisions of the Marital and Family Therapist Licensure Act.
C. In addition to the qualifications specified by the provisions of subsection B of this section any person applying for a license after September 1, 1991, to practice as a licensed marital and family therapist shall have the following educational and experience qualifications:
1. A master's degree or a doctoral degree in marital and family therapy, or a content-equivalent degree as defined by the Board;
2. Successful completion of two (2) calendar years of work experience in marital and family therapy following receipt of a qualifying degree, under supervision in accordance with standards established by the Board; and
3. An applicant applying for a license after September 1, 1991, shall also be required to pass a written or oral examination or both written and oral examination administered by the Board if, at the discretion of the Board, such examination is deemed necessary in order to determine the applicant's qualifications for the practice of marital and family therapy.
Added by Laws 1990, c. 166, § 6, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 21, eff. Nov. 1, 1998; Laws 2013, c. 229, § 20, eff. Nov. 1, 2013; Laws 2019, c. 363, § 64, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.7. Examinations.

A. Examinations shall be held at such times, at such place and in such manner as the State Board of Behavioral Health Licensure directs. An examination shall be held at least annually. Examinations may be written or oral or both written and oral. In any written examination each applicant shall be designated so that such applicant's name shall not be disclosed to the Board until the examinations have been graded. Examinations shall include questions in such theoretical and applied fields as the Board deems most suitable to test an applicant's knowledge and competence to engage in the practice of marital and family therapy.
B. The Board shall determine the acceptable grade on examinations. If an applicant fails to pass the examinations, the applicant may reapply.
C. The Board shall preserve answers to any examination, and the applicant's performance on each section, as part of the records of the Board for a period of two (2) years following the date of the examination.
Added by Laws 1990, c. 166, § 7, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 22, eff. Nov. 1, 1998; Laws 2000, c. 53, § 8, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 21, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.8. Issuance of license - Renewal - Reinstatement.

A. An applicant who meets the requirements for licensure required by the provisions of the Marital and Family Therapist Licensure Act, has paid the required license fees and has otherwise complied with the provisions of the Marital and Family Therapist Licensure Act, shall be licensed by the State Board of Behavioral Health Licensure.
B. Each initial license issued pursuant to the Marital and Family Therapist Licensure Act shall expire twenty-four (24) months from the date of issuance. A license may be renewed annually upon application and payment of fees. Failure to timely renew a license shall result in expiration of the license and forfeiture of the rights and privileges granted by the license. A person whose license has expired may within one (1) year following the expiration request reinstatement in a manner prescribed by the Board. The license of a person whose license has expired pursuant to this section for more than one (1) year shall not be reinstated.
Added by Laws 1990, c. 166, § 8, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 23, eff. Nov. 1, 1998; Laws 2000, c. 53, § 9, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 22, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.9. Reciprocal licenses.

The State Board of Behavioral Health Licensure shall have the power to issue, upon application and payment of fees, a license by endorsement for an applicant licensed in another state to practice as a licensed marital and family therapist if the Board deems such applicant to have qualifications equivalent to or which exceed those required pursuant to the provisions of the Marital and Family Therapist Licensure Act and if the Board finds the applicant meets the standards, provided by rule, for license by endorsement.
Added by Laws 1990, c. 166, § 9, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 24, eff. Nov. 1, 1998; Laws 2000, c. 53, § 10, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 23, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.10. Advertisement, self description or practice of marital 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.
Added by Laws 1990, c. 166, § 10, eff. Jan. 1, 1991.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.11. Confidentiality - Exceptions - Professional privilege - Court testimony.

A. No person licensed pursuant to the provisions of the Marital and Family Therapist Licensure Act as a marital and family therapist, nor any of his employees or associates, shall be required to disclose any information which he may have acquired in rendering marital and family therapy services, except when:
1. Authorized by other state laws;
2. Failure to disclose such information presents a clear and present danger to the health or safety of any person;
3. The marital and family therapist is a party defendant to a civil, criminal or disciplinary action arising from such therapy in which case any waiver of the privilege accorded by this section shall be limited to that action;
4. The patient is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process and/or right to present testimony and witnesses in his own behalf; or
5. A patient agrees to waiver of the privilege accorded by this section, in the case of death or disability of the patient, the consent of his personal representative or other person authorized to sue or the beneficiary of any insurance policy on his life, health or physical condition. In circumstances where more than one person in a family is receiving therapy, each such family member must agree to the waiver. Absent such a waiver from each family member, a marital and family therapist shall not disclose information received from any family member.
B. No information shall be treated as privileged and there shall be no privileges created by the Marital and Family Therapist Licensure Act as to any information acquired by the person licensed pursuant to the Marital and Family Therapist Licensure Act when such information pertains to criminal acts or violation of any law.
C. The Marital and Family Therapist Licensure Act shall not be construed to prohibit any licensed person from testifying in court hearings concerning matters of adoption, child abuse, child neglect, battery or matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors on behalf of his client.
Added by Laws 1990, c. 166, § 11, eff. Jan. 1, 1991.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.12. Alimony or divorce actions - Custody actions - Testimony by therapist.

If both parties to a marriage have obtained marital and family therapy by a licensed marital and family therapist, the therapist shall not be competent to testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relationship unless a party relies on such information as an element of his claim or defense in such an action, or said information is gathered as a result of a court-ordered examination. This section shall not apply to custody actions.
Added by Laws 1990, c. 166, § 12, eff. Jan. 1, 1991.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.14. Application of Administrative Procedures Act.

The hearings provided for by the Marital and Family Therapist Licensure Act shall be conducted in conformity with, and records made thereof as provided by, the provisions of the Administrative Procedures Act.
Added by Laws 1990, c. 166, § 14. eff. Jan. 1, 1991.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.16. False representation as licensed marital and family therapist - Penalty - Injunction.

A. Any person who represents himself or herself by the title "licensed marital and family therapist" or any designation representing such person to be a licensed marital and family therapist without having first complied with the provisions of the Marital and Family Therapist Licensure Act, 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. The Commissioner may also proceed in district court to enjoin and restrain any unlicensed person from violating the Marital and Family Therapist Licensure Act.
Added by Laws 1990, c. 166, § 16, eff. Jan. 1, 1991. Amended by Laws 2000, c. 53, § 12, emerg. eff. April 14, 2000.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.17. Licensed Marital and Family Therapist Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the State Board of Behavioral Health Licensure, to be designated the "Licensed Marital and Family Therapist Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to the provisions of the Marital and Family Therapist Licensure Act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Executive Director to meet expenses necessary for carrying out the purpose of the Marital and Family Therapist Licensure Act. Expenditures from said fund shall be approved by the Board and shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1990, c. 166, § 17, eff. Jan. 1, 1991. Amended by Laws 2012, c. 304, § 289; Laws 2013, c. 229, § 25, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1925.18. License fee and annual renewal fee - Fixing by Board.

A. The licensing fee and the annual renewal fee shall be amounts fixed by the State Board of Behavioral Health Licensure.
B. 1. The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions of the Marital and Family Therapist Licensure Act and so that there are no unnecessary surpluses in the Licensed Marital and Family Therapist Revolving Fund.
2. The Board shall not fix a license fee at an amount in excess of Three Hundred Dollars ($300.00) and a renewal fee at an amount in excess of Two Hundred Dollars ($200.00).
3. The fee for the issuance of a license to replace a license which was lost, destroyed or mutilated shall be Twenty-five Dollars ($25.00).
4. The fee shall accompany the application for a replacement license.
5. The fee for an examination required pursuant to the Marital and Family Therapist Licensure Act shall not exceed the actual costs incurred by the Board for holding and grading the examinations.
Added by Laws 1990, c. 166, § 18, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 26, eff. Nov. 1, 1998; Laws 2000, c. 53, § 13, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 26, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1930. Short title.

This act shall be identified as Chapter 44B of Title 59 of the Oklahoma Statutes and shall be known and may be cited as the "Licensed Behavioral Practitioner Act".
Added by Laws 1999, c. 133, § 1, emerg. eff. April 28, 1999.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1931. Definitions.

For the purpose of the Licensed Behavioral Practitioner Act:
1. "Behavioral health services" means the application of the scientific components of psychological and mental health principles in order to:
a.
facilitate human development and adjustment throughout the life span,
b.
prevent, diagnose, or treat mental, emotional, or behavioral disorders or associated distress which interfere with mental health,
c.
conduct assessments or diagnoses for the purpose of establishing treatment goals and objectives, and
d.
plan, implement, or evaluate treatment plans using behavioral treatment interventions;
2. "Behavioral treatment interventions" means the application of empirically validated treatment modalities, including, but not limited to, operant and classical conditioning techniques, adherence/compliance methods, habit reversal procedures, cognitive behavior therapy, biofeedback procedures and parent training. Such interventions are specifically implemented in the context of a professional therapeutic relationship;
3. "Board" means the State Board of Behavioral Health Licensure;
4. "Consulting" means interpreting or reporting scientific fact or theory in behavioral health to provide assistance in solving current or potential problems of individuals, groups, or organizations;
5. "Licensed behavioral practitioner" or "LBP" means any person who offers professional behavioral health services to any person and is licensed pursuant to the provisions of the Licensed Behavioral Practitioner Act. The term shall not include those professions exempted by Section 1932 of this title;
6. "Licensed behavioral practitioner candidate" means a person whose application for licensure has been accepted and who is under supervision for licensure as provided in Section 1935 of this title;
7. "Referral activities" means the evaluating of data to identify problems and to determine the advisability of referral to other specialists;
8. "Research activities" means reporting, designing, conducting, or consulting on research in behavioral health services;
9. "Specialty" means the designation of a subarea of behavioral practice that is recognized by a national certification agency or by the Board;
10. "Supervisor" means a person who meets the requirements established by the Board; and
11. "Executive Director" means the Executive Director of the State Board of Behavioral Health Licensure.
Added by Laws 1999, c. 133, § 2, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 14, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 27, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1934. Powers of State Board of Behavioral Health Licensure.

A. The State Board of Behavioral Health Licensure shall:
1. Prescribe, adopt, and promulgate rules to implement and enforce the provisions of the Licensed Behavioral Practitioner Act, including the adoption of State Department of Health rules by reference;
2. Adopt and establish rules of professional conduct; and
3. Set license and examination fees as required by the Licensed Behavioral Practitioner Act.
B. The Board shall have the authority to:
1. Seek injunctive relief;
2. Request the district attorney to bring an action to enforce the provisions of the Licensed Behavioral Practitioner Act;
3. Receive fees and deposit the fees into the Licensed Behavioral Practitioners Revolving Fund as required by the Licensed Behavioral Practitioner Act;
4. Issue, renew, revoke, deny, suspend and place on probation licenses to practice behavioral health pursuant to the provisions of the Licensed Behavioral Practitioner Act;
5. Examine all qualified applicants for licenses to practice behavioral health;
6. Investigate complaints and possible violations of the Licensed Behavioral Practitioner Act;
7. Accept grants and gifts from various foundations and institutions;
8. Make such expenditures and employ such personnel as the Commissioner may deem necessary for the administration of the Licensed Behavioral Practitioner Act; and
9. Request assistance from the State Board of Medical Licensure and Supervision for the purposes of investigating complaints and violations of the Licensed Behavioral Practitioner Act.
Added by Laws 1999, c. 133, § 5, emerg. eff. April 28, 1999.
Amended by Laws 2013, c. 229, § 28, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1936. Examinations.

A. Examinations for licensure shall be held at such times, at such place, and in such manner as the State Board of Behavioral Health Licensure directs. The examination shall be held at least annually. The Board shall determine the acceptable grade on examinations. The examination shall cover such technical, professional, and practical subjects as relate to the practice of behavioral science. If an applicant fails to pass the examination, the applicant may reapply.
B. The Board shall preserve answers to any examination, and the applicant's performance on each section, for a period of two (2) years following the date of the examination.
Added by Laws 1999, c. 133, § 7, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 17, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 30, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1937. Issuance of license – Renewal – Forfeiture - Expiration.

A. An applicant who meets the requirements for licensure pursuant to the provisions of the Licensed Behavioral Practitioner Act, has paid the required license fees, and has otherwise complied with the provisions of the Licensed Behavioral Practitioner Act shall be licensed by the State Board of Behavioral Health Licensure.
B. Each initial license issued pursuant to the Licensed Behavioral Practitioner Act shall expire twenty-four (24) months from the date of issuance unless revoked. A license may be renewed upon application and payment of fees. The application for renewal shall be accompanied by evidence satisfactory to the Board that the licensed behavioral practitioner has completed relevant professional or continued educational experience during the previous twenty-four (24) months. Failure to renew a license shall result in forfeiture of the rights and privileges granted by the license. A person whose license has expired may make application within one (1) year following the expiration in writing to the Board requesting reinstatement in a manner prescribed by the Board and payment of the fees required by the provisions of Licensed Behavioral Practitioner Act. The license of a person whose license has expired for more than one (1) year shall not be reinstated. A person may apply for a new license as provided in Section 1935 of this title.
C. A licensed behavioral practitioner whose license is current and in good standing, who wishes to retire the license, may do so by informing the Board in writing and returning the license to the Board. A license so retired shall not be reinstated but retirement of the license shall preclude a person from applying for a new license at a future date.
Added by Laws 1999, c. 133, § 8, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 18, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 31, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1938. License by endorsement.

The State Board of Behavioral Health Licensure shall have the power to issue a license by endorsement for an applicant licensed in another state to practice as a behavioral practitioner or under similar title if the Board deems such applicant to have qualifications comparable to those required under the Licensed Behavioral Practitioner Act and if the Board finds the applicant meets the standards, provided by rule, for license by endorsement.
Added by Laws 1999, c. 133, § 9, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 19, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 32, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1939. Disclosure of information - Exceptions.

A. No person licensed pursuant to the provisions of the Licensed Behavioral Practitioner Act shall disclose any information the licensee may have acquired from persons consulting the licensee in the licensee’s professional capacity as a behavioral practitioner or be compelled to disclose such information except:
1. With the written consent of the client, or in the case of death or disability of the client, the consent of the client’s personal representative or other person authorized to sue or the beneficiary of any insurance policy on the client’s life, health, or physical condition;
2. If the client is a child under the age of eighteen (18) years and the information acquired by the licensed person indicated that the child was the victim or subject of a crime, the licensed person may be required to testify fully in relation thereto upon an examination, trial, or other proceeding in which the commission of such a crime is a subject of the inquiry;
3. If the client waives the privilege by bringing charges against the licensed person;
4. When failure to disclose such information presents a danger to the health of any person; or
5. If the licensed behavioral practitioner is a party to a civil, criminal, or disciplinary action arising from such therapy, in which case any waiver of the privilege accorded by this section shall be limited to that action.
B. No information shall be treated as privileged and there shall be no privileges created by the Licensed Behavioral Practitioner Act as to any information acquired by the person licensed pursuant to the Licensed Behavioral Practitioner Act when such information pertains to criminal acts or violation of any law.
C. The Licensed Behavioral Practitioner Act shall not be construed to prohibit any licensed person from testifying in court hearings concerning matters of adoption, child abuse, child neglect, battery, or matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors on behalf of this client.
Added by Laws 1999, c. 133, § 10, emerg. eff. April 28, 1999.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1940. Representing to be a "Licensed Behavioral Practitioner" 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.
Added by Laws 1999, c. 133, § 11, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 20, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 33, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1941. Denial, revocation, suspension, or placement on probation of license – Administrative hearing for applicant with felony conviction – Definitions.

A. The State Board of Behavioral Health Licensure may deny, revoke, suspend, or place on probation any license or specialty designation issued pursuant to the provisions of the Licensed Behavioral Practitioner Act to a licensed behavioral practitioner, if the person has:
1. Been convicted of a felony crime that substantially relates to the practice of behavioral health and poses a reasonable threat to public safety;
2. Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of this act;
3. Knowingly aided or abetted a person not licensed pursuant to these provisions in representing himself or herself as a licensed behavioral practitioner in this state;
4. Engaged in unprofessional conduct as defined by the rules established by the Board;
5. Engaged in negligence or wrongful actions in the performance of the licensee's duties; or
6. Misrepresented any information required in obtaining a license.
B. If the Board determines that a felony conviction of an applicant renders the convicted applicant unfit to practice counseling, the Board shall provide notice and opportunity to the applicant, by certified mail at the last-known address, for an administrative hearing to contest such determination before the Board may deny the application. The request shall be made by the applicant within fifteen (15) days of receipt of the notice.
C. No license or specialty designation shall be suspended or revoked, nor a licensed behavioral practitioner placed on probation, until notice is served upon the licensed behavioral practitioner and a hearing is held in conformity with Article II of the Administrative Procedures Act.
D. As used in this section:
1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.
Added by Laws 1999, c. 133, § 12, emerg. eff. April 28, 1999. Amended by Laws 2009, c. 220, § 4, eff. Nov. 1, 2009; Laws 2013, c. 229, § 34, eff. Nov. 1, 2013; Laws 2015, c. 183, § 13, eff. Nov. 1, 2015; Laws 2019, c. 363, § 67, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1942. Rules – Violations - Administrative penalties.

A. The State Board of Behavioral Health Licensure shall promulgate rules governing any licensure action to be taken pursuant to the Licensed Behavioral Practitioner Act which shall be consistent with the requirements of notice and hearing under the Administrative Procedures Act. No action shall be taken without prior notice unless the Board determines that there exists a threat to the health and safety of the residents of this state.
B. 1. Any person who is determined by the Board to have violated any provision of the Licensed Behavioral Practitioner Act, or any rule promulgated or order issued pursuant thereto, may be subject to an administrative penalty.
2. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00).
3. Administrative penalties imposed pursuant to this subsection shall be enforceable in the district courts of this state.
4. All administrative penalties collected shall be deposited into the Licensed Behavioral Practitioner Revolving Fund.
Added by Laws 1999, c. 133, § 13, emerg. eff. April 28, 1999.
Amended by Laws 2013, c. 229, § 35, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1943. Hearings and records of hearings - Conformity with statute.

The hearings provided for by the Licensed Behavioral Practitioner Act shall be conducted in conformity with, and records made thereof as provided by, the provisions of Article II of the Administrative Procedures Act.
Added by Laws 1999, c. 133, § 14, emerg. eff. April 28, 1999.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1944. Statement of Professional Disclosure - Furnishing to client.

All licensed behavioral practitioners, except those employed by federal, state, or local governmental agencies, shall, prior to the performance of service, furnish the client with a copy of the Statement of Professional Disclosure as promulgated by rule of the State Board of Behavioral Health Licensure. A current copy of the document shall be on file with the Board at all times.
Added by Laws 1999, c. 133, § 15, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 21, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 36, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1945. Professional specialty designation.

A. A professional specialty designation area may be established by the State Board of Behavioral Health Licensure upon receipt of a petition signed by fifteen qualified persons who are currently licensed as licensed behavioral practitioners, who have acquired at least sixty (60) semester hours, to increase to seventy-five (75) semester hours on and after January 1, 2008, of graduate credit in behavioral science or psychology-related course work from a regionally accredited college or university, and who meet the recognized minimum standards as established by appropriate nationally recognized certification agencies; provided, however, if a nationally recognized certification does not exist, the Board may establish minimum standards for specialty designations.
B. Upon receipt of credentials from the appropriate certification agency, the Board may grant the licensed behavioral practitioner the appropriate specialty designation. The licensed behavioral practitioner may attain specialty designation through examination. A licensed behavioral practitioner shall not claim or advertise a behavioral health specialty and shall not incorporate the specialty designation into the professional title of such licensed behavioral practitioner unless the qualifications and certification requirements of that specialty have been met and have been approved by the Board and the appropriate certification agency.
Added by Laws 1999, c. 133, § 16, emerg. eff. April 28, 1999. Amended by Laws 2007, c. 133, § 2, eff. Nov. 1, 2007; Laws 2013, c. 229, § 37, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1946. Licensed Behavioral Practitioners Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the State Board of Behavioral Health Licensure, to be designated the "Licensed Behavioral Practitioners Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to this act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Executive Director to meet expenses necessary for carrying out the purpose of the Licensed Behavioral Practitioner Act. Expenditures from the fund shall be approved by the Board and shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1999, c. 133, § 17, emerg. eff. April 28, 1999. Amended by Laws 2012, c. 304, § 290; Laws 2013, c. 229, § 38, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1947. Fees.

A. Licensing fees and annual renewal fees shall be amounts fixed by the State Board of Behavioral Health Licensure. The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions of the Licensed Behavioral Practitioner Act and so that excess funds do not accumulate from year to year in the Licensed Behavioral Practitioners Revolving Fund.
B. 1. The Board shall not fix a license fee at an amount in excess of Three Hundred Dollars ($300.00) and a renewal fee at an amount in excess of Two Hundred Dollars ($200.00).
2. The fee for the issuance of a license to replace a license which was lost, destroyed, or mutilated shall be Twenty-five Dollars ($25.00).
3. The fee shall accompany the application for a replacement license.
4. The fee for specialty designation shall not exceed One Hundred Fifty Dollars ($150.00).
5. The fee for an examination required pursuant to the Licensed Behavioral Practitioner Act shall not exceed the actual costs incurred by the Department for holding and grading examinations.
Added by Laws 1999, c. 133, § 18, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 22, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 39, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1948. Continuing education requirement.

All licensed behavioral practitioners licensed pursuant to the Licensed Behavioral Practitioner Act shall be required to satisfactorily complete ten (10) hours of continuing education credits annually. The State Board of Behavioral Health Licensure shall provide forms and require verification of such credits. Such credits shall be earned from courses on empirically validated procedures, taught by instructors certified by the American Association of Masters in Psychology, its designees or successors.
Added by Laws 1999, c. 133, § 19, emerg. eff. April 28, 1999. Amended by Laws 2013, c. 229, § 40, eff. Nov. 1, 2013; Laws 2020, c. 41, § 1, emerg. eff. May 18, 2020.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1949. Licensing of persons practicing since before January 1, 2002 - Waiver of supervised experience requirement.

A. Until January 1, 2002, the State Board of Behavioral Health Licensure, upon receipt of an applicant's proper application, completion of examination, and payment of fees, shall issue licenses to persons who, prior to January 1, 2002:
1. Have practiced full time as a behavioral practitioner for at least two (2) years and possess a master's degree from a program in psychology from a college or university accredited by an agency recognized by the United States Department of Education;
2. Are currently practicing as a behavioral practitioner;
3. Have satisfactorily completed ten (10) hours of continuing education pursuant to Section 1948 of this title; and
4. Otherwise comply with the licensure requirements of the Licensed Behavioral Practitioner Act.
B. The Board shall consider experience of the applicant prior to application for licensure pursuant to the provisions of this section as a waiver of all or part of the supervised experience requirement required by paragraph 3 of subsection C of Section 1935 of this title.
C. The Board shall require applicants for licensure pursuant to the provisions of this section to file a Statement of Professional Disclosure as provided by Section 1944 of this title.
Added by Laws 1999, c. 133, § 20, emerg. eff. April 28, 1999. Amended by Laws 2000, c. 53, § 23, emerg. eff. April 14, 2000; Laws 2013, c. 229, § 41, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1949.1. Reimbursement under medical or hospital insurance plan - Construction of act.

Nothing in the Licensed Behavioral Practitioner Act shall be construed to require reimbursement under the policies of health insurers and nonprofit hospital or medical service plans unless the contract specifically calls for reimbursement to licensed behavioral practitioners.
Added by Laws 1999, c. 133, § 21, emerg. eff. April 28, 1999.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1951. Definitions

As used in the Oklahoma Rental-Purchase Act:
1. "Administrator" means the Administrator of the Department of Consumer Credit as designated in Section 6-501 of Title 14A of the Oklahoma Statutes;
2. "Advertisement" means any commercial message in any medium that promotes, directly or indirectly, a consumer rental-purchase agreement;
3. "Consummation" means the time a lessee becomes contractually obligated on a consumer rental-purchase agreement;
4. "Displayed or offered primarily for rental-purchase" means personal property displayed or offered at a physical location which derives fifty percent (50%) or more of its revenue from rental-purchase agreements;
5. "Initial fee" means any fee charged to initiate a contract however designated;
6. "Initial period" means from the date of inception to the first scheduled renewal payment;
7. "Lessee" means a natural person who rents personal property under a consumer rental-purchase agreement;
8. "Lessor" means a person who regularly provides the use of property through consumer rental-purchase agreement; and
9. "Rental-purchase agreement" means an agreement for the use of personal property by a consumer for personal, family, or household purposes, for an initial period of four (4) months or less, that is renewable with each payment after the initial period, and that permits the consumer to become the owner of the property. An agreement that complies with this definition is not a consumer credit sale as defined in Section 2-104 of Title 14A of the Oklahoma Statutes, or a consumer loan as defined in Section 3-104 of Title 14A of the Oklahoma Statutes, or a refinancing or consolidation thereof, or a consumer lease as defined in Section 2-106 of Title 14A of the Oklahoma Statutes, or a lease or agreement which constitutes a security interest as defined in paragraph (35) of subsection (b) of Section 1-201 of Title 12A of the Oklahoma Statutes or a lease or agreement which constitutes a sale of goods as defined in subsection (4) of Section 2-105 of Title 14A of the Oklahoma Statutes.
Added by Laws 1988, c. 106, § 2, eff. Nov. 1, 1988. Amended by Laws 1989, c. 106, § 1, emerg. eff. April 26, 1989; Laws 2000, c. 371, § 177, eff. July 1, 2001; Laws 2016, c. 278, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1952. License required - Contents - Display - Transferability - Multiple licenses - Exemptions - Applications - Contents - Modifications - Forms.

A. No person shall engage in business as a rental-purchase lessor without first obtaining a license issued by the Administrator. Each license shall state the address of the office from which business is to be conducted and the name of the licensee. The license shall be displayed at the place of business named in the license. The license shall not be transferable or assignable except upon approval by the Administrator. A separate license shall be required for each office operated pursuant to the Oklahoma Rental-Purchase Act. The Administrator may issue more than one license to any one person upon compliance with this section as to each license. This subsection shall not be construed to require a license for any place of business devoted to accounting or other record keeping and where rental-purchase agreements are not made.
B. Each person shall file a license application form with the Administrator within thirty (30) days prior to commencing business in this state for each place of business in which rental-purchase agreements are transacted, and thereafter, by December 1st of each year. The license application must state:
1. The name of the person;
2. The name in which business is transacted if different from paragraph 1 or 3 of this subsection;
3. The address of the principal office;
4. An indication that the lessor engages in the business of making rental-purchase agreements;
5. The address of the designated agent upon whom service of process may be made in this state; and
6. Such other relevant information as the Administrator may desire.
C. If information in an application becomes inaccurate after filing, modifications to the application shall be brought to the attention of the Department of Consumer Credit within thirty (30) days from such change.
D. The license application shall be on a form or forms provided by the Administrator.
Added by Laws 1988, c. 106, § 3, eff. Nov. 1, 1988. Amended by Laws 1989, c. 106, § 2, emerg. eff. April 26, 1989.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1953. Investigation, license, and annual renewal fee.

A. Lessors shall pay an initial investigation and license fee and an annual license renewal fee per place of business, which fees shall accompany the license renewal form. Lessors shall also pay a fee for any returned check, address or license change, or duplicate license request. There shall be a late fee for a late application for renewal of a license received after December 1 of each year. This late fee shall consist of a charge of Ten Dollars ($10.00) per day, for up to thirty (30) days.
B. Lessors shall pay a rental-purchase agreement reviewal fee as prescribed by rule of the Commission on Consumer Credit for any rental-purchase agreement submitted to the Administrator of Consumer Credit for review and approval. The Commission may prescribe by rule a process for submitting rental-purchase agreements to the Administrator for review and approval.
Added by Laws 1988, c. 106, § 4, eff. Nov. 1, 1988. Amended by Laws 2010, c. 415, § 21, eff. July 1, 2010; Laws 2019, c. 107, § 3, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1957. Application of act - Violations - Penalties.

The Oklahoma Rental-Purchase Act applies to persons, who in this state make or solicit rental-purchase agreements, or who directly collect payments from or enforce rights against debtors arising from the rental-purchase agreement, wherever they are made; or who engage in rental-purchase transactions subject to the provisions of the Oklahoma Rental-Purchase Act. A person who willfully engages in the business of making rental-purchase agreements without a license in violation of the provisions of this act pertaining to authority to make rental-purchase agreements, upon conviction, is guilty of a misdemeanor and may be sentenced to pay a fine not exceeding Five Thousand Dollars ($5,000.00), or to imprisonment not exceeding one (1) year, or both.
Added by Laws 1988, c. 106, § 8, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2000. Short title.

Sections 2000 through 2009 of Title 59 of the Oklahoma Statutes and Sections 9 through 11 of this act shall be known and may be cited as the Oklahoma Health Spa Act.
Added by Laws 1987, c. 217, § 2, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 2, eff. Nov. 1, 1988. Renumbered from Title 15, § 775 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-2002. Registration of health or health spa services.

A. No health spa shall offer or advertise health spa services unless first being registered with the Administrator of Consumer Credit. The registration shall:
1. Disclose the address, ownership, date of first sales and date of first opening of the health spa;
2. State the name and address of the registered agent of the registrant, if the registrant is a corporation;
3. Be renewed each succeeding calendar year; and
4. Be accompanied by an initial investigation and registration fee and an annual registration fee as prescribed by rule of the Commission on Consumer Credit.
B. Each separate location where health spa services are offered shall be considered a separate health spa and shall file a separate registration, even though the separate locations are owned or operated by the same owner.
C. The Commission on Consumer Credit shall prescribe by rule a fee for each registration change, duplicate registration, or returned check.
D. The Commission on Consumer Credit shall prescribe by rule a late fee for a registration not renewed on or before the expiration date of the registration.
E. A health spa shall pay a contract reviewal fee as prescribed by rule of the Commission on Consumer Credit for each health spa contract submitted to the Administrator for review and approval. The Commission may prescribe by rule a process for submitting health spa contracts for review and approval by the Administrator.
Added by Laws 1987, c. 217, § 4, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 4, eff. Nov. 1, 1988. Renumbered from § 775.2 of Title 15 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988. Amended by Laws 1991, c. 96, § 2, eff. Sept. 1, 1991; Laws 2010, c. 415, § 23, eff. July 1, 2010.