reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1366. Issuance of license - License without examination.

The Oklahoma State Board of Examiners of Psychologists may issue a license pursuant to the provisions of the Psychologists Licensing Act:
1. To a qualified applicant who has successfully passed the examination prescribed by the Board and who has paid the fee required by the rules promulgated pursuant to the provisions of the Psychologists Licensing Act; or
2. Upon application to the Board and payment of the fees required by the Board by rules of the Board promulgated pursuant to the provisions of the Psychologists Licensing Act, to any person who is a diplomate of the American Board of Professional Psychology, or who holds a current Certificate of Professional Qualification in Psychology from the Association of State and Provincial Psychology Boards.
Added by Laws 1965, c. 347, § 16, emerg. eff. June 28, 1965. Amended by Laws 1984, c. 34, § 4, operative July 1, 1984; Laws 1991, c. 144, § 10, eff. July 1, 1991; Laws 1998, c. 291, § 2; Laws 2016, c. 169, § 5, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1367. Amount of fees.

The application fee and the annual renewal fee shall be amounts fixed by the Oklahoma State Board of Examiners of Psychologists. 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 Psychologists Licensing Act and so there are no unnecessary surpluses in the "Psychologists Licensing Fund".
Added by Laws 1965, c. 347, § 17, emerg. eff. June 28, 1965. Amended by Laws 1974, c. 176, § 1, operative July 1, 1974; Laws 1977, c. 65, § 1; Laws 1983, c. 55, § 5, operative July 1, 1983; Laws 1993, c. 168, § 6, eff. Sept. 1, 1993; Laws 2004, c. 313, § 21, emerg. eff. May 19, 2004.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1368. Licenses - Contents - Renewals - Inactive status.

A. The State Board of Examiners of Psychologists shall issue a license to each person that it registers as a psychologist. The license shall show the full name of the psychologist and shall bear a serial number. The license shall be signed by the chairman and secretary of the Board under the seal of the Board.
B. Licenses expire on the thirty-first day of December following their issuance or renewal and are invalid thereafter unless renewed.
C. The Board shall notify every person licensed under this act of the date of expiration and the amount of the renewal fee. Notice shall be provided at least one (1) month before the expiration of the license. Renewal may be made at any time during the months of November or December upon application therefor by payment of the renewal fee. Failure on the part of any person licensed to pay his or her renewal fee before the first day of January does not deprive such person of the right to renew his or her license, but the fee to be paid for renewal after December shall be increased ten percent (10%) for each month or fraction thereof that the payment of the renewal fee is delayed. However, the maximum fee for delayed renewal shall not exceed twice the normal renewal fee. A psychologist who wishes to place his or her license on inactive status may do so upon application by payment of a fee as fixed by the Board; such a psychologist shall not accrue any penalty for late payment of the renewal fee.
D. The Oklahoma Tax Commission shall notify any psychologist who is not in compliance with the income tax laws of this state. Such notification shall include:
1. A statement that the Tax Commission shall proceed by garnishment to collect any delinquent tax and to collect any penalty or interest due and owing as a result of a tax delinquency until the psychologist is deemed by the Commission to be in compliance with the income tax laws of this state;
2. The reasons that the psychologist is considered to be out of compliance with the income tax laws of this state, including a statement of the amount of any tax, penalties and interest due or a list of the tax years for which income tax returns have not been filed as required by law;
3. An explanation of the rights of the psychologist and the procedures which must be followed by the psychologist in order to come into compliance with the income tax laws of this state; and
4. Such other information as may be deemed necessary by the Tax Commission.
Added by Laws 1965, c. 347, § 18, emerg. eff. June 28, 1965. Amended by Laws 1974, c. 305, § 1, emerg. eff. May 29, 1974; Laws 1977, c. 65, § 2; Laws 2004, c. 313, § 22, emerg. eff. May 19, 2004; Laws 2019, c. 267, § 3, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1368.1. Continuing education.

The Board is hereby authorized to establish requirements of continuing education as a condition for the renewal of licensure of psychologists; however, rules and regulations concerning accreditation of continuing education programs and other educational experience, and the assignment of credit for participation therein must be promulgated by the board at least one (1) year prior to implementation of continuing education.
Added by Laws 1987, c. 206, § 67, operative July 1, 1987; Laws 1987, c. 236, § 35, emerg. eff. July 20, 1987.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1369. List of licensed psychologists.

The State Board of Examiners of Psychologists shall maintain and publish an up-to-date list of all psychologists licensed under this act on the website of the Board. The list shall contain the name and address of the psychologist and such other information that the Board deems desirable.
Added by Laws 1965, c. 347, § 19, emerg. eff. June 28, 1965. Amended by Laws 2004, c. 313, § 23, emerg. eff. May 19, 2004; Laws 2016, c. 169, § 6, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1370.1. Hearing on suspension or revocation of license.

A. The hearings provided for by Section 1370 of Title 59 of the Oklahoma Statutes shall be conducted by the Board itself at a regular or special meeting of the Board. Such hearings shall be conducted in conformity with and records made thereof as provided by the provisions of Sections 301 through 326 of Title 75 of the Oklahoma Statutes.
B. It shall continue to be the duty of the Attorney General to issue his official opinion to the Board and to prosecute and defend actions for the Board, if requested to do so.
Added by Laws 1984, c. 34, § 6, operative July 1, 1984.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1370.2. Temporary suspension of license.

The chair of the State Board of Examiners of Psychologists, upon concurrence of the vice-chair of the Board that an emergency exists for which the immediate suspension of a license is imperative for the public health, safety, and welfare, may conduct a hearing as provided by Section 314 of Title 75 of the Oklahoma Statutes to temporarily suspend the license of any person under the jurisdiction of the Board.
Added by Laws 2012, c. 211, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1370.3. Duty to report psychologist suspected of practicing while impaired or incapacitated.

A. A licensed psychologist shall report to the Board information regarding a psychologist suspected of practicing psychology while being impaired or incapacitated by misuse of drugs, narcotics, alcohol, chemicals, or as a result of any mental or physical condition. Any person making a report to the Board under this section shall be immune from any civil or criminal liability resulting from such reports, provided such reports are made in good faith.
B. The Board may defer disciplinary action under Section 1370 of this title for an impaired psychologist who voluntarily signs an agreement, in a form satisfactory to the Board, agreeing to enter a Board-approved treatment and monitoring program for impaired practitioners. The impaired psychologist shall consent, in accordance with applicable law, to the release of any treatment information to the Board from anyone within the approved treatment program.
C. In the event the psychologist fails to comply with the agreement terms and make satisfactory progress in the treatment and monitoring program, the Board shall suspend the license immediately and assign a hearing date for the matter to be presented to the Board.
D. Any person who enters into an agreement under this section shall be responsible for any and all costs associated with participation in the treatment program.
E. A psychologist's participation in a treatment program does not prevent the Board from conducting additional proceedings for acts or omissions of acts not specifically related to the impairment.
Added by Laws 2016, c. 169, § 9, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1373. Injunction.

The Board, the Attorney General, or the local district attorney may apply to the district court in the county in which a violation of this act is alleged to have occurred for an order enjoining or restraining the commission or continuance of the acts complained of. Thereupon, the court has jurisdiction of the proceedings and may grant such temporary or permanent injunction or restraining order, without bond, as it deems just and proper. The remedy provided by this section is in addition to, and independent of, any other remedies available for the enforcement of this act.
Laws 1965, c. 347, § 23, emerg. eff. June 28, 1965.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1374. Violations and penalties.

Any person who, after the first day of January, 1966, represents himself to be a psychologist or engages in the practice of psychology within this state without being licensed or exempted in accordance with the provisions of this act is guilty of a misdemeanor and, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00) or be confined in jail for not more than six (6) months, or both. Each day of violation is a separate offense.
Laws 1965, c. 347, § 24, emerg. eff. June 28, 1965.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1375. Annual reports.

The Board shall make an annual report to the Governor, not later than the 15th day of November of each year, which report shall contain an account of all monies received, licenses issued, suspended, or revoked and all expenditures made by said Board in the previous fiscal year prior to said date.
Added by Laws 1965, c. 347, § 25, emerg. eff. June 28, 1965. Amended by Laws 2016, c. 169, § 8, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1378. Legislative findings.

The Oklahoma Legislature makes the following findings:
States license psychologists in order to protect the public through verification of education, training and experience and ensure accountability for professional practice.
This Compact is intended to regulate the day-to-day practice of telepsychology, which is the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority.
This Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty (30) days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority.
This Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state.
This Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect the public health and safety.
This Compact does not apply when a psychologist is licensed in both the home and receiving states.
This Compact does not apply to permanent in-person, face-to-face practice, but it does allow for the authorization of temporary psychological practice.
Consistent with these principles, this Compact is designed to achieve the following purposes and objectives:
1. Increase public access to professional psychological services by allowing for telepsychological practice across state lines, as well as temporary in-person, face-to-face services, into a state in which the psychologist is not licensed to practice psychology;
2. Enhance the states' ability to protect the public's health and safety, especially client/patient safety;
3. Encourage the cooperation of the compact states in the areas of psychology licensure and regulation;
4. Facilitate the exchange of information between the compact states regarding psychologist licensure, adverse actions and disciplinary history;
5. Promote compliance with the laws governing psychological practice in each compact state; and
6. Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
Added by Laws 2019, c. 187, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1380. Home state licensure.

A. The home state shall be a compact state where a psychologist is licensed to practice psychology.
B. A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist was physically present when the services were delivered, as authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
C. Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
D. Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by the temporary authorization to practice under the terms of this Compact.
E. A home state's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:
1. Currently requires the psychologist to hold an active E-Passport;
2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;
3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than ten (10) years after activation of the Compact; and
5. Complies with the bylaws and rules of the Commission.
F. A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:
1. Currently requires the psychologist to hold an active interjurisdictional practice certificate (IPC);
2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;
3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than ten (10) years after activation of the Compact; and
5. Complies with the bylaws and rules of the Commission.
Added by Laws 2019, c. 187, § 4, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1383. Scope of telepsychology practice.

A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, and under the following circumstances:
1. The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; or
2. Other conditions regarding telepsychology as determined by rules promulgated by the Commission.
Added by Laws 2019, c. 187, § 7, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1385. Regulatory authority.

A. In addition to any other powers granted under state law, a compact state's psychology regulatory authority shall have the authority under this Compact to:
1. Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state's psychology regulatory authority for the attendance and testimony of witnesses and/or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence is located; and
2. Issue cease and desist and/or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology and/or temporary authorization to practice.
B. During the course of any investigation, a psychologist may not change his or her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his or her home state licensure. The Commission shall promptly notify the new home state of any such decisions as provided in the rules of the Commission. All information provided to the Commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by compact states.
Added by Laws 2019, c. 187, § 9, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1386. Coordinated Licensure Information System/Coordinated Database.

A. The Commission shall provide for the development and maintenance of a Coordinated Licensure Information System/Coordinated Database and reporting system containing licensure and disciplinary action information on all psychologist individuals to whom this Compact is applicable in all compact states as defined by the rules of the Commission.
B. Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the Coordinated Database on all licensees as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Significant investigatory information;
4. Adverse actions against a psychologist's license;
5. An indicator that a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;
6. Nonconfidential information related to alternative program participation information;
7. Any denial of application for licensure, and the reasons for such denial; and
8. Other information which may facilitate the administration of this Compact, as determined by the rules of the Commission.
C. The Coordinated Database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.
D. Compact states reporting information to the Coordinated Database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.
E. Any information submitted to the Coordinated Database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the Coordinated Database.
Added by Laws 2019, c. 187, § 10, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1390. Effective date – Withdrawal - Amendments.

A. The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh compact 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.
B. Any state which 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 which 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 compact state may withdraw from this Compact by enacting a statute repealing the same:
1. A compact state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute; and
2. Withdrawal shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority 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 psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state which does not conflict with the provisions of this Compact.
E. This Compact may be amended by the compact states. No amendment to this Compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
Added by Laws 2019, c. 187, § 14, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1391. Injunction.

The Oklahoma State Board of Examiners of Psychologists (OSBEP) through the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing psychology without a license or authorization to practice psychology in this state.
Such an injunction:
1. May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure; and
2. Does not relieve any person from criminal prosecution for practicing without a license.
Added by Laws 2019, c. 187, § 15, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1392. Misrepresentation – Consulting – Teaching - Students.

Except as authorized by the Psychology Interjurisdictional Compact:
1. A person shall not represent himself or herself as a psychologist within the meaning of this chapter or engage in the practice of psychology unless he or she is licensed under the provisions of this chapter, except that any psychological scientist employed by an accredited educational institution or public agency that has set explicit standards may represent himself or herself by the title conferred upon him or her by such institution or agency;
2. This Compact does not grant approval for any person to offer services as a psychologist to any other person as a consultant, and to accept remuneration for such psychological services, other than that of an institutional salary, unless the psychologist has been licensed under the provisions of this chapter;
3. This Compact does not prevent the teaching of psychology or psychological research, unless the teaching or research involves the delivery or supervision of direct psychological services to a person. Persons who have earned a doctoral degree in psychology from an accredited educational institution may use the title "psychologist" in conjunction with the activities permitted by this section;
4. A graduate student in psychology whose activities are part of the course of study for a graduate degree in psychology at an accredited educational institution or a person pursuing postdoctoral training or experience in psychology to fulfill the requirements for licensure under the provisions of this chapter may use the terms "psychological trainee", "psychological intern", "psychological resident" or "psychological assistant" if the activities are performed under the supervision of a licensed psychologist in accordance with the regulations adopted by the Oklahoma State Board of Examiners of Psychologists; and
5. A person who is certified as a school psychologist licensed under the statutes of the State of Oklahoma may use the title "school psychologist" in connection with activities relating to school psychologists.
Added by Laws 2019, c. 187, § 16, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1393. Construction and severability.

This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining compact states.
Added by Laws 2019, c. 187, § 17, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1452. Purpose.

It is the purpose of this act to regulate all persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation (as lie detectors, polygraphs, deceptographs, and/or similar or related devices and instruments without regard to the nomenclature applied thereto) and this act shall be liberally construed to regulate all such persons and instruments. No person who purports to be able to detect deception or to verify truth of statements through instrumentation shall be held exempt from the provisions of this act because of the terminology which he may use to refer to himself, to his instrument, or to his services.
Laws 1971, c. 140, § 2, emerg. eff. May 17, 1971.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1453. Definitions.

In the Polygraph Examiners Act, unless the context requires a different definition,
1. "Board" means the Polygraph Examiners Board,
2. "Secretary" means that member of the Polygraph Examiners Board selected by the Board to act as secretary,
3. "Internship" means the study of polygraph examination and of the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study prescribed by the Board at the commencement of such internship,
4. "Person" means any natural person, firm, association, copartnership or corporation,
5. "Polygraph examiner" means any person who purports to be able to detect deception or verify truth of statements through instrumentation or the use of a mechanical device, and
6. "Council" means the Council on Law Enforcement Education and Training.
Amended by Laws 1985, c. 189, § 2, operative July 1, 1985.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1454. Minimum instrumentation requirements.

Any instrument used to test or question individuals for the purpose of detecting deception or verifying truth of statements shall record visually, permanently and simultaneously:
1. a subject's cardiovascular pattern,
2. a subject's respiratory pattern, and
3. galvanic skin response pattern.
Patterns of other physiological changes in addition to 1, 2 and 3 may also be recorded. The use of any instrument or device to detect deception or to verify truth of statements which does not meet these minimum instrumentation requirements is hereby prohibited and the operation or use of such equipment shall be subject to penalties and may be enjoined in the manner hereinafter provided.
Amended by Laws 1985, c. 189, § 3, operative July 1, 1985.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1456. Regulations and orders - Disposition of fees collected - Expenses.

A. The Board shall issue regulations consistent with the provisions of this act for the administration and enforcement of this act and shall prescribe forms which shall be issued in connection therewith.
B. An order or a certified copy thereof, over the Board seal and purporting to be signed by the Board members, shall be prima facie proof that the signatures are the genuine signatures of the Board members, and that the Board members are fully qualified to act.
C. All fees collected under the provisions of this act shall be deposited in the State Treasury to the credit of the General Revenue Fund.
D. The Council may reimburse in accordance with the State Travel Reimbursement Act, upon submission of proper claim, each Board member for any actual expense incurred while in the performance of his duties pursuant to the Polygraph Examiners Act.
Amended by Laws 1985, c. 189, § 5, operative July 1, 1985; Laws 1985, c. 264, § 5, emerg. eff. July 15, 1985.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1457. License required.

It shall be unlawful for any person, including a city, county or state employee, to administer polygraph or other examinations utilizing instrumentation for the purpose of detecting deception or verifying truth of statements or to attempt to hold himself out as a polygraph examiner or to refer to himself by any other title which would indicate or which is intended to indicate or calculated to mislead members of the public into believing that he is qualified to apply instrumentation to detect deception or to verify truth of statements without first securing a license as herein provided.
Added by Laws 1971, c. 140, § 7, emerg. eff. May 17, 1971. Amended by Laws 1981, c. 321, § 2; Laws 1996, c. 23, § 1, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1458. Minimum qualifications for registration – Definitions.

A. The following shall be considered as minimum evidence satisfactory to the Polygraph Examiners Board that the applicant is qualified for registration as a polygraph examiner:
1. Attainment of at least twenty-one (21) years of age;
2. Citizenship of the United States;
3. Never having been convicted of a felony crime that substantially relates to the occupation of a polygraph examiner and poses a reasonable threat to public safety; and
4.
a.
hold a baccalaureate degree from a college or university accredited by the American Association of Collegiate Registrars and Admissions Officers, or, in lieu thereof, be a graduate of an accredited high school and have five (5) consecutive years of active investigative experience of a character satisfactory to the Board,
b.
be a graduate of a polygraph examiners course approved by the Board and have satisfactorily completed not less than six (6) months of internship training, and
c.
have passed an examination conducted by and to the satisfaction of the Board, or under its supervision, to determine his competency to obtain a license to practice as an examiner.
B. Beginning July 1, 1996, employees of the Oklahoma State Bureau of Investigation (OSBI) who are employed on that date by the OSBI as polygraphers shall become licensed pursuant to the Polygraph Examiners Act without undergoing the testing and training requirements provided for in subparagraphs b and c of paragraph 4 of subsection A of this section. Any person who is employed as a polygrapher for the OSBI after July 1, 1996, shall be required to meet the testing and training requirements prior to licensure.
C. As used in this section:
1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.
Added by Laws 1971, c. 140, § 8, emerg. eff. May 17, 1971. Amended by Laws 1973, c. 88, § 2, emerg. eff. May 1, 1973; Laws 1985, c. 189, § 6, operative July 1, 1985; Laws 1996, c. 23, § 2, eff. July 1, 1996; Laws 2019, c. 363, § 51, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1460. Applications.

Applications for original licenses shall be made to the Council in writing under oath on forms prescribed by the Board and shall be accompanied by the required fee, which is not refundable. Any such applications shall require such information as in the judgment of the Board will enable it to pass on the qualifications of the applicant for a license.
Amended by Laws 1985, c. 189, § 7, operative July 1, 1985.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1461. Nonresident applicants - Consent to suit.

A. Each nonresident applicant for an original license or a renewal license shall file with the Council an irrevocable consent that actions against said applicants may be filed in any appropriate court of any county or municipality of this state in which plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process on any such action may be served on the applicant by leaving two copies thereof with the Council. Such consent shall stipulate and agree that such service or process shall be taken and held to be valid and binding for all purposes. The Council shall send forthwith one copy of the process to the applicant at the address shown on the records of the Council by registered or certified mail.
B. Nonresident applicants must satisfy the requirements of Section 1458 of this title.
Added Laws 1971, c. 140, § 11, emerg. eff. May 17, 1971. Amended by Laws 1985, c. 189, § 8, operative July 1, 1985.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1462. Reciprocity.

An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a license without examination by the Board, in its discretion, upon payment of a fee of One Hundred Dollars ($100.00) and the production of satisfactory proof that:
1. He is at least twenty-one (21) years of age;
2. He is a citizen of the United States;
3. He is of good moral character;
4. The requirements for the licensing of polygraph examiner in such particular state or territory of the United States were at the date of the applicant's licensing therein substantially equivalent to the requirements now in force in this state;
5. The applicant had lawfully engaged in the administration of polygraph examinations under the laws of such state or territory for at least two (2) years prior to his application for license hereunder;
6. Such other state or territory grants similar reciprocity to license holders of this state; and
7. He has complied with Section 1461 of this title.
Amended by Laws 1985, c. 189, § 9, operative July 1, 1985.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1463. Internship license.

A. Upon approval by the Board, the Council shall issue an internship license to a trainee provided he applies for such license and pays the required fee prior to the commencement of his internship. The application shall contain such information as may be required by the Board.
B. An internship license shall be valid for the term of twelve (12) months from the date of issue. Such license may be extended or renewed for any term not to exceed six (6) months upon good cause shown to the Board.
C. A trainee shall not be entitled to hold an internship license after the expiration of the original twelve-month period and six-month extension, if such extension is granted by the Board, until twelve (12) months after the date of expiration of the last internship license held by the said trainee.
Amended by Laws 1985, c. 189, § 10, operative July 1, 1985.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1464. Fees.

A. The fee to be paid by the applicant for an initial examination to determine if the applicant is qualified to receive a polygraph examiner's license is Fifty Dollars ($50.00), which is not to be credited as payment against the license fee. The fee for subsequent examinations shall be the same as for the initial examination.
B. The fee to be paid for an initial polygraph examiner's license is One Hundred Dollars ($100.00).
C. The fee to be paid for an internship license is One Hundred Dollars ($100.00).
D. The fee to be paid for the issuance of a duplicate polygraph examiner's license is Twenty Dollars ($20.00).
E. The fee to be paid for a polygraph examiner's renewal license is One Hundred Dollars ($100.00).
F. The fee to be paid for the extension or renewal of an internship license is Fifty Dollars ($50.00).
G. The fee to be paid for a duplicate internship license is Twenty Dollars ($20.00).
Amended by Laws 1984, c. 145, § 1, emerg. eff. April 17, 1984.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1465. Display of license - Signatures and seal.

A license or duplicate license must be prominently displayed at the place of business of the polygraph examiner or at the place of internship. Each license shall be signed by the Board members and shall be issued under the seal of the Board.
Laws 1971, c. 140, § 15, emerg. eff. May 17, 1971.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1466. Change of business location.

Notice in writing shall be given to the Council by the licensed examiner of any change of principal business location within thirty (30) days of the time he changes location. A change of business location without notification to the Council shall automatically suspend the license theretofore issued.
Amended by Laws 1985, c. 189, § 11, operative July 1, 1985.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1467. Term of license - Renewal - Expired licenses.

Each polygraph examiner's license shall be issued for the term of one (1) year and shall, unless suspended or revoked, be renewed annually as prescribed by the Board. A polygraph examiner whose license has expired may at any time within two (2) years after the expiration thereof obtain a renewal license without examination by making a renewal application therefor and satisfying Section 8, subsections 2, 3 and 4. However, any polygraph examiner whose license expired while he was in the federal service on active duty with the armed forces of the United States, or the national guard called into service or training, or in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed without examination if within two (2) years after termination of such service, training or education except under conditions other than honorable, he furnishes the Board with an affidavit to the effect that he has been so engaged and that his service, training or education has been so terminated. Section 8, subsections 2, 3 and 4 of this act must also be satisfied.
Laws 1971, c. 140, § 17, emerg. eff. May 17, 1971.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1468. Suspension or revocation of license – Definitions.

A. The Polygraph Examiners Board may refuse to issue or may suspend or revoke a license on any one or more of the following grounds:
1. For failing to inform a subject to be examined as to the nature of the examination;
2. For failing to inform a subject to be examined that his participation in the examination is voluntary, unless the subject is an employee of a governmental body which has a policy or rules and regulations requiring mandatory polygraph examinations as a part of internal investigations;
3. Material misstatement in the application for original license or in the application for any renewal license under this act;
4. Willful disregard or violation of this act or any regulation or rule issued pursuant thereto, including, but not limited to, willfully making a false report concerning an examination for polygraph examination purposes;
5. If the holder of any license has been adjudged guilty of the commission of a felony crime that substantially relates to the occupation of a polygraph examiner and poses a reasonable threat to public safety;
6. Making any willful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees;
7. Having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this act;
8. Allowing one's license under this act to be used by any unlicensed person in violation of the provisions of this act;
9. Willfully aiding or abetting another in the violation of this act or any regulation or rule issued pursuant thereto;
10. If the license holder has been adjudged an habitual drunkard or mentally incompetent as provided in the Probate Code;
11. Failing, within a reasonable time, to provide information requested by the secretary as the result of a formal complaint to the Board which would indicate a violation of this act; or
12. Failing to inform the subject of the results of the examination if so requested.
B. As used in this section:
1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.
Added by Laws 1971, c. 140, § 18, emerg. eff. May 17, 1971. Amended by Laws 1985, c. 189, § 12, operative July 1, 1985; Laws 2019, c. 363, § 52, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1469. Violations on part of polygraph examiner or trainee - Effect on employer.

Any unlawful act or violation of any of the provisions of this act on the part of any polygraph examiner or trainee shall not be cause for revocation of the license of any other polygraph examiner for whom the offending examiner or trainee may have been employed, unless it shall appear to the satisfaction of the Board that the polygraph examiner-employer has willfully or negligently aided or abetted the illegal actions or activities of the offending polygraph examiner or trainee.
Laws 1971, c. 140, § 19, emerg. eff. May 17, 1971.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1470. Administrative hearing.

When there is a cause to refuse an application or to suspend or revoke the license of any polygraph examiner, the Council shall, not less than thirty (30) days before refusal, suspension or revocation action is taken, notify such person in writing, in person or by certified mail at the last address supplied to the Council by such person, of such impending refusal, suspension or revocation, the reasons therefor and of his right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension or revocation action proposed to be taken by the Board. If, within twenty (20) days after the personal service of such notice or such notice has been deposited in the United States mail, such person has not made a written request to the Board for this administrative hearing, the Board is authorized to suspend or revoke the polygraph examiner's license of such person without a hearing. Upon receipt by the Council of such written request of such person within the twenty-day period as set out above, an opportunity for an administrative hearing shall be afforded as early as is practicable. In no case shall the hearing be held less than ten (10) days after written notification thereof, accompanied by a copy of the charges, shall have been given the person by personal service or by certified mail sent to the last address supplied to the Council by the applicant or licensee. The administrative hearing in such cases shall be before the Board.
Amended by Laws 1985, c. 189, § 13, operative July 1, 1985.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1471. Appeal to district court.

Any person dissatisfied with the action of the Board in refusing his application or suspending or revoking his license, or any other action of the Board, may appeal the action of the Board by filing a petition within thirty (30) days thereafter in the district court of Oklahoma County, Oklahoma, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon ten (10) days' written notice to the Council and the attorney representing the Board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the Board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the Board, and the court shall provide the attorney representing the Board with a copy of the petition and order. The Board and Council shall be represented in such appeals by the Attorney General or any of his assistants. The Board shall initially determine all facts, but the court upon appeal may set aside the determination of the Board if the Board's determination:
1. is not based upon substantial evidence determinable upon the entire record;
2. is arbitrary or capricious;
3. is in violation of statutory requirements; or
4. was made without affording to licensee or applicant due process of law.
Amended by Laws 1985, c. 189, § 14, operative July 1, 1985.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1472. Surrender of license - Restoration.

Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the Council; failure of a licensee to do so shall be a violation of this act and, upon conviction, shall be subject to the penalties hereinafter set forth. At any time after the suspension or revocation of any license, the Council shall restore it to the former licensee, upon the written recommendations of the Board.
Amended by Laws 1985, c. 189, § 15, operative July 1, 1985.