reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 1 - General Provisions › Section 38:10-1-3 - Compliance with laws and rules

Current through Vol. 41, No. 20, July 1, 2024
(a) Any statute of the United States or of the state of Oklahoma now existing, or duly enacted in the future, shall supersede any conflicting provision of the rules of this and all subsequent chapters to the extent of such conflict, but shall not affect the remaining provisions therein.
(b) All persons and organizations affected by the rules of this and all subsequent subchapters and related laws shall be knowledgeable of the conduct pertinent in operating in accordance with all such rules and laws.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 1 - General Provisions › Section 38:10-1-4 - Organization

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board is the entity vested with authority to make rules for the implementation of its statutorily mandated and permissible functions under 59 O.S. §§
									1870, et seq.
(b) The Board shall employ, direct and discharge staff as authorized by law and assign said staff to carry out the duties and responsibilities required to fulfill the statutory requirements of 59 O.S. §§
									1870, et seq., and the rules and directives of the Board.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 1 - General Provisions › Section 38:10-1-5 - Public records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Official records.
Official records of the Board include information, rules, forms, the record in individual proceedings, records submitted to the Board, and other public records in accordance with the Oklahoma Open Records Act 51 O.S. §§
									24A.1, et seq.
(b)
Copies.
Copies of official records of the Board not privileged or protected from publication by law, shall be available to the public.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 1 - General Provisions › Section 38:10-1-6 - Requests for agency public information

Current through Vol. 41, No. 20, July 1, 2024
Any person making a request pursuant to 38:10-1-5 shall comply with the following:
(1) The request must be in writing and may be mailed Oklahoma Board of Licensed Alcohol and Drug Counselors, or sent via facsimile or made in person during regular office hours between 8:00 a.m. and 5:00 p.m.
(2) The request must describe the record(s) requested, be signed by the party making the request, and have the party's mailing address and telephone number.
(3) The requesting party shall pay a fee for copies. Said fee shall be twenty-five cents (25 [Cent]) per page, twelve dollars ($12.00) per 3½-inch diskette, and $1.00 per page for certified documents. For commercial requests or those that would cause excessive disruption of office function, such as documents that are archived, either internally or with the Oklahoma Archives and Records Commission, a search fee will be charged based upon the hourly rate of the individual(s) searching for, and locating, the requested records.
(4) Certain Board employee personnel records are confidential and not subject to the Oklahoma Open Records Act, including employee evaluations, payroll deductions, applications submitted by persons not hired by the Board; internal personnel investigations including examination and selection material, employees home addresses, telephone numbers, and social security numbers, medical and employee assistance records, and other personnel records where disclosure would constitute a clear invasion of privacy. Personnel records information that are subject to release are the application of a person who becomes an employee of the Board, gross receipt of public funds, dates of employment, title or position and any final disciplinary action resulting in loss of pay, suspension, demotion or termination.
(5) Any other document protected, as confidential, by any Oklahoma or federal law, or Oklahoma or federal administrative rule, or by order of a court of competent jurisdiction, is not subject to the Oklahoma Open Records Act.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 1 - General Provisions › Section 38:10-1-7 - Forms

Current through Vol. 41, No. 20, July 1, 2024
In order to maintain efficiency and uniformity in the administration of duties, the Board will devise and maintain forms for use by any party. The forms may be revised periodically to insure uniformity, efficiency, and expediency. The prescribed forms must be used by all affected parties unless another form is approved by the Board prior to its submission or other provisions are stated in subsequent chapters. Board employees shall make available to the public all rules and other written statements of policy adopted or used in the discharge of its functions, all forms, applications and instructions for use by the public, including those required to apply for a licensure or certification. Additionally, forms may be acquired by request under 38:10-1-7.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 1 - General Provisions › Section 38:10-1-8 - Procedures to secure a declaratory ruling as to the applicability of any rule or order of the Board

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person subject to the rules contained in rules of the Board (Oklahoma Administrative Code Title 38) may petition for a declaratory ruling as to the applicability of a specific rule and its effect on petitioner. In petitioning the Board for a declaratory ruling, the following procedures must be followed:
(1) The petition must be in writing and submitted to the Board in person, or via regular or certified mail;
(2) The petition shall state with specificity the rule or order in question;
(3) The petition shall set forth the contents of the rule or order;
(4) The petition shall state clearly and with specificity the basis for the action and the action or relief sought; and
(5) The petition shall pose the specific question(s) to be answered by the Board.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 1 - General Provisions › Section 38:10-1-9 - Procedures to petition the Board to request the promulgation, amendment or repeal of a rule

Current through Vol. 41, No. 20, July 1, 2024
Any person affected either by a rule adopted and promulgated by the Board, or the lack of a rule and regulation may petition the Board to promulgate, adopt, amend or repeal the rule pursuant to 75 O.S. §
									305 and in accordance with this section.
(1) The petition must be in writing and submitted to the Board in person or via regular or certified mail, and include:
(A) The proposed amendment, promulgation, or repeal of a specific rule.
(B) The reason for the petition to repeal, promulgate, or amend a rule.
(C) The effect that the repeal, amendment or promulgation of the rule would have on the petitioner.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 3 - Rules of Professional Conduct › Section 38:10-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this subchapter are intended to define unprofessional conduct in the context of providing alcohol and drug counseling and to establish norms of professional conduct for Licensed and Certified Alcohol and Drug Counselors.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 3 - Rules of Professional Conduct › Section 38:10-3-2 - Code of ethics

Current through Vol. 41, No. 20, July 1, 2024
(a) It shall be the responsibility of Licensed and Certified Alcohol and Drug Counselors to value objectivity and integrity, and in providing services, to strive to maintain the highest standards of their profession.
(b) LADCs and CADCs shall accept responsibility for the consequences of their work and make every effort to ensure their services are used appropriately.
(c) LADCs and CADCs shall be alert to personal, social, organizational, financial, and political situations or pressures that might lead to the misuse of their influence.
(d) LADCs and CADCs shall not participate in, condone, or be associated with dishonesty, fraud, sexual harassment, deceit or misrepresentation.
(e) LADCs and CADCs shall not exploit their relationships with current or former clients, supervisees, students, employees, or research participants, sexually or otherwise, for personal advantage, profit, satisfaction, or interest.
(1) LADCs and CADCs shall not ever engage in any romantic or sexual relationship with a current client.
(2) LADCs and CADCs shall not ever engage in any romantic or sexual relationship with a former client.
(3) LADCs and CADCs shall not accept as a client anyone with whom they have ever had a romantic or sexual relationship.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 3 - Rules of Professional Conduct › Section 38:10-3-3 - Client welfare

Current through Vol. 41, No. 20, July 1, 2024
(a)
Titles 42 and 45 CFR.
All drug or alcohol abuse treatment information, whether recorded or not, and all communications between a LADC or CADC and his or her client are both privileged and confidential. In addition, the identity of all clients who have received or are receiving drug or alcohol abuse treatment services is both confidential and privileged. Such information shall only be available to persons or agencies actively engaged in the treatment of the client unless an exception under state or federal law applies. The information available to persons or agencies actively engaged in the treatment of the client shall be limited to the minimum amount of information necessary for the person or agency to carry out its function or the purpose for the release.
(b)
Discrimination.
LADCs and CADCs shall not participate in, condone or promote discrimination on the basis of race, color, age, gender, religion, sexual orientation, or national origin.
(c)
Credentials.
LADCs and CADCs shall not misrepresent professional qualifications, education, affiliations, or services performed.
(d)
Records.
(1)
Retention.
LADCs and CADCs shall maintain verifiable records necessary for rendering professional services to their clients for at least seven (7) years beyond termination of services, or in compliance with the employing agency's records disposition schedule.
(2)
Confidentiality.
LADCs and CADCs shall be responsible for securing the safety and confidentiality of any counseling record they create, maintain, transfer, or destroy whether the record is written, taped, computerized, or stored in any other medium.
(3)
Client access.
LADCs and CADCs shall provide the client with a copy of the client's record in accordance with state and federal law. In situations involving multiple clients, access to records is limited to those parts of the record that do not include confidential information related to another client.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 3 - Rules of Professional Conduct › Section 38:10-3-4 - Professional standards

Current through Vol. 41, No. 20, July 1, 2024
(a)
Violations of other laws.
It shall be professional misconduct for an LADC or CADC to violate a state or federal statute if the violation substantially relates to the duties and responsibilities of the counselor and poses a reasonable threat to public safety.
(b)
Drug or alcohol use.
LADCs and CADCs shall not render professional services while under the influence of alcohol or other mind or mood altering drugs.
(c)
Updating.
LADCs and CADCs shall notify the Board of any changes in address, telephone number, and employment within fourteen (14) days of the change.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 3 - Rules of Professional Conduct › Section 38:10-3-5 - Relations with the public and other professions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Misrepresentation.
LADCs and CADCs shall not misrepresent nor allow the misrepresentation by others of the efficacy of the LADCs and CADCs professional services.
(b)
Credentials claimed.
LADCs and CADCs shall claim only the professional credentials possessed and shall be responsible for correcting any known misrepresentations of their credentials by others. Candidates under supervision for licensure or certification shall use "LADC candidate" or "CADC candidate" to identify their status as candidates for licensure or certification. A LADC who is under supervision for their LADC/MH shall use LADC#/MH Candidate to identify their status as a candidate for LADC/MH.
(c)
Advertisement.
When an LADC or CADC announces services or advertises, he or she shall represent services to the public by identifying credentials in an accurate manner that is not false, misleading, deceptive, or fraudulent. An LADC or CADC may only advertise the highest degree earned from a regionally accredited college or university recognized by the US Department of Education. All advertisements or announcements of counseling services including telephone directory or internet listings by an LADC or CADC shall clearly state his or her licensure or certification status by the use of "LADC" or "CADC" or a statement such as "licensed by the Oklahoma Board of Licensed Alcohol and Drug Counselors" or "certified by the Oklahoma Board of Licensed Alcohol and Drug Counselors."
(d)
License.
Each LADC or CADC must display the original, current license or certificate, in a prominent place in the primary location of practice.
(e)
Public statements.
When an LADC or CADC provides advice or comment by means of public lectures, demonstrations, radio or television programs, prerecorded tapes, printed articles, mailed material, or other media, he or she shall take reasonable precautions to ensure that:
(1) The statements are based on appropriate professional literature and practice.
(2) The statements are otherwise consistent with the mandates of the Rules of Professional Conduct.
(3) There is no implication that a professional counseling relationship has been established.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 3 - Rules of Professional Conduct › Section 38:10-3-6 - Failure to comply

Current through Vol. 41, No. 20, July 1, 2024
An LADC or CADC who does not comply with Subchapter 3, Rules of Professional Conduct shall be guilty of professional misconduct and subject to sanction and any other penalties granted in these rules and the Act.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 3 - Rules of Professional Conduct › Section 38:10-3-7 - Counselor Assistance Program

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
These rules have been adopted as pursuant to 59 O.S. Section 1875 for the purpose of establishing a Counselor Assistance Program. This program known as the Counselor Assistance Program, shall assist in the rehabilitation of counselors, whose competency may be compromised by the use of alcohol, drugs, chemicals or any other substances or any other mental or physical condition, including deteriorating through the aging process. This allows for the Board to retain control of counseling practice for the protection of the public and provides an alternative to the disciplinary process.
(b)
Definitions.
The following words and terms used in this subchapter, shall have the following meaning unless the context clearly indicates otherwise;
(1) "The Board" or "OBLADC" means the Oklahoma Board of Licensed Alcohol and Drug Counselors.
(2) "LADC" means Licensed Alcohol and Drug Counselor
(3) "CADC" means Certified Alcohol and Drug Counselor
(4) "LADC OR CADC Candidate" means under supervision for LADC or CADC as defined in Oklahoma Statue 1871.
(5) "Program Coordinator" means the person approved by the Oklahoma Board of Licensed Alcohol and Drug Counselors to administer the Counselor Assistance Program.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 5 - Fitness of Applicants › Section 38:10-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to establish the fitness of an applicant as one of the criterion for licensure as a LADC or certification as a CADC and to set forth the criteria by which the Board shall determine the fitness of applicants.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 5 - Fitness of Applicants › Section 38:10-5-2 - Fitness for licensure or certification

Current through Vol. 41, No. 20, July 1, 2024
The substantiation of any of the following items related to the applicant may be, as the Board determines, the basis for the denial of or delay of licensure of the applicant.
(1) Lack of necessary skills and abilities to provide adequate services.
(2) Misrepresentation on the application or other materials submitted to the Board; or,
(3) A violation of the Rules of Professional Conduct delineated in Subchapter 3.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 5 - Fitness of Applicants › Section 38:10-5-3 - Materials considered in determining fitness

Current through Vol. 41, No. 20, July 1, 2024
(a) Materials considered determining fitness of skills and abilities include but are not necessarily limited to:
(1) Evaluations from supervisors or instructors;
(2) Statements from persons submitting references for the applicant; and;
(3) Evaluations from employers or professional associations.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 5 - Fitness of Applicants › Section 38:10-5-4 - Criminal history initial determination

Current through Vol. 41, No. 20, July 1, 2024
(a) An individual with a criminal history record may request an initial determination of whether the criminal history would potentially disqualify the individual from obtaining a license or certificate issued by the Board. The individual may request the determination at any time, including prior to obtaining the required education necessary for licensing or certification, and prior to making the application with the Board.
(b) The request shall be in writing, accompanied by a fee found in the fee schedule, and shall include either a copy of the person's criminal history record with explanation of each conviction mentioned in the criminal history record or a statement describing each criminal conviction, including the date of each conviction, the court of jurisdiction and the sentence imposed.
(c) The individual may include a statement with his or her request describing additional information for consideration by the Board including, but not limited to, information about his or her current circumstances, the length of time since conviction, what has changed since the conviction, evidence of rehabilitation, testimonials or personal reference statements.
(d) The Board shall consider the written request and make an initial determination based upon the information provided as to whether the criminal history is disqualifying. A written notice of initial determination shall be issued to the requestor within sixty (60) days from the date such request was received by the Board and mailed to the requestor at the address provided in the request. The notice shall contain the following statements:
(1) Whether the person appears eligible for licensure or certification at the current time;
(2) If there is a disqualifying offense prohibiting the person's licensure or certification;
(A) a statement identifying the offense(s) in the criminal history record or information submitted for consideration;
(B) any actions the person may take to remedy what appears to be temporary disqualification, if any; and
(C) the earliest date the person may submit another request for consideration, if any; and licensure or certification based upon the information provided by the requestor.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 7 - Application › Section 38:10-7-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of this subchapter is to meet those requirements specified in the Act.
(b) Unless otherwise indicated, an applicant shall submit all required information and documentation of credentials in a manner and format prescribed by the Board
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 7 - Application › Section 38:10-7-3 - Private or independent practice

Current through Vol. 41, No. 20, July 1, 2024
(a) No person
				may engage in the private or independent practice of alcohol and drug
				counseling work unless:
(1) licensed under the
				Act as a Licensed Alcohol and Drug Counselor; and,
(2) has had no less than two (2) years of
				full-time or the equivalent thereto of part-time experience, a total of 4,000
				hours, supervised work experience, in the alcohol and drug counseling field,
				and shall continue to meet continuing education requirements set by the Board;
				or,
(3) is certified under the Act
				as a certified alcohol and drug counselor; and
(4) has had no less than three years of
				full-time or the equivalent thereto of part-time experience, a total of 6,000
				hours of supervised work experience in the alcohol and drug counseling field,
				and shall continue to meet continuing education requirements set by the Board;
				and,
(5) is supervised by a
				licensed alcohol and drug counselor
(6) This section shall not be construed to
				prevent an LADC applicant who holds an Oklahoma license in good standing in
				another behavioral health profession from engaging in independent or private
				practice under the other license.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 7 - Application › Section 38:10-7-4 - Title of licensed or certified alcohol and drug counselors

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 127, eff 10-3-05 through 7-14-06 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of the emergency action), Section 38:10-7-4 was no longer effective. For the official text of the emergency rule that was effective from 10-3-05 through 7-14-06, see 23 Ok Reg 127.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 7 - Application › Section 38:10-7-5 - Issuance of License, Certification, or LADC/MH

Current through Vol. 41, No. 20, July 1, 2024
The Board shall issue an appropriate license or certification to all applicants who meet the requirements for licensure or certification in order to identify the alcohol and drug counselor to the public as an LADC , CADC , or LADC/MH.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 7 - Application › Section 38:10-7-6 - Application

Current through Vol. 41, No. 20, July 1, 2024
(a) Applicants for licensure or certification
				shall timely submit a completed application on the form prescribed by the
				Board, as well as the required fee(s) and documentation. The application
				includes:
(1) Application fee;
(2) Application form completed, signed, dated
				and notarized;
(3) A full-face
				photograph, at least two inch by three inches, taken within the last 12 months,
				or a photocopy of a current driver's license;
(4) Official transcript in sealed
				envelope;
(5) Signed consent
				authorizing the Board to conduct a criminal background check and collect any
				additional information or references necessary;
(6) Signed code of ethics;
(7) Personal philosophy;
(8) Three professional references;
				and,
(9) Supervision
				contract;
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 7 - Application › Section 38:10-7-7 - Examinations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Eligibility.
An LADC or
				CADC applicant is eligible to take the licensing or certification examination
				upon completion of the supervised work experience requirement.
(b)
Examination.
Each applicant
				shall take and pass both the written and oral portions of the
				examination.
(c)
Application.
(1) The Board shall
				mail notification of eligibility to sit for examination to the applicant's last
				known address on file with the Board.
(2) An applicant who wishes to take a
				scheduled examination shall complete an examination registration form, and pay
				the required fee before the applicant will be scheduled to test.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 7 - Application › Section 38:10-7-8 - Renewal of license or certification

Current through Vol. 41, No. 20, July 1, 2024
(a)
Renewal timeline.
All licenses or certifications shall expire at the end of each fiscal year (June 30) and shall be subject to renewal on the first day of the next fiscal year (July 1 st).
(b)
Renewal package.
All licensed or certified persons must submit a complete renewal package, including fee, postmarked by June 30 of the fiscal year. Only renewals submitted on the most current forms provided by the Board will be accepted.
(c)
Individual responsibility.
Each LADC or CADC is responsible for renewing the license or certification and specialty designation before the expiration date.
(d)
Renewal notification.
The Board shall mail a written notice of expiration to LADC or CADC at least forty-five (45) days prior to the expiration date of the license or certification.
(e)
Failure to renew.
If the licensee or certified person fails to timely renew his or her license or certification by the expiration date, the Board shall notify him or her in writing that:
(1) the license or certificate holder is no longer authorized to practice alcohol and drug counseling;
(2) The license or certificate holder may be subject to disciplinary action for practicing with an expired license or certificate;
(3) For up to one (1) year following the expiration of the license, the LADC or CADC has the right to renew the license by making application for renewal, payment of the renewal fee and the late renewal fee and fulfillment of all other renewal requirements.
(4) Licenses or certifications not renewed within the one (1) year renewal period shall not be reinstated and the license or certification shall be returned to the Board.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 7 - Application › Section 38:10-7-9 - Reciprocity

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person who becomes a resident of Oklahoma and who is or has been, immediately preceding his residency in this state, licensed or certified in good standing to practice alcohol and drug counseling by another state and who meets the testing, educational and work experience qualifications for licensure or certification in Oklahoma may, upon payment of the necessary fee and submission of documents as required by the Board, be licensed or certified under these provisions.
(b) Reciprocity shall be based upon an evaluation of the licensing or certification criteria of the other state to determine if criteria are equal to or more stringent than Oklahoma licensing or certification requirements.
(c) The Board shall expedite the process of licensure or certification by reciprocity for applicants who are former military service members, active duty military members or spouses of active duty military members. If the applicant's out-of-state license or certification is in good standing and the requirements for obtaining the out-of-state license or certification are reasonably equivalent to Oklahoma's requirements, the Board will issue the license or certificate within thirty (30) days of receipt of the completed application. The application fee shall be waived.
(d) The Board may authorize an applicant described in subsection (c) of this Section to practice under supervision while completing Oklahoma exam requirements that were not required in the state in which the applicant is licensed or certified. The applicant is subject to the rules governing supervision of applicants who are not seeking licensure or certification by reciprocity.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 7 - Application › Section 38:10-7-10 - Co-occurring Disorders Credential Rules

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definitions.
(1) Bachelor of Co-occurring Disorders Certification (BCDC) is a bachelor's degree level credential which shall be achieved by certified alcohol and drug counselors (CADC), or certified alcohol and drug counselors candidates that seek to be certified in co-occurring disorders (COD). This credential is required for CADCs to recognize co-occurring disorders and integrate that into substance abuse treatment.
(2) LADC/MH is a master's degree level credential which shall be achieved by licensed alcohol and drug counselors (LADC), licensed alcohol and drug counselor candidates, or other Master's level candidates that seek to be certified in co-occurring disorders (COD). LADCs may treat co-occurring disorder within their scope of practice.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 9 - Supervision › Section 38:10-9-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is the establishment of guidelines for the documentation of supervised experience that must be received from all persons applying for drug and alcohol counselor licensure or certification.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 9 - Supervision › Section 38:10-9-3 - Supervision and private or independent practice [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 127, eff 10-3-05 through 7-14-06 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of the emergency action), Section 38:10-9-3 was no longer effective. For the official text of the emergency rule that was effective from 10-3-05 through 7-14-06, see 23 Ok Reg 127.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 9 - Supervision › Section 38:10-9-4 - Supervisee Responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) A candidate for licensure or certification must obtain an average of one hour per week of live, interactive, and visual supervision from a Board approved supervisor until the candidate becomes licensed or certified. Group supervision is acceptable if such supervision does not exceed at least one half of the total supervisory time per evaluation period.
(b) The supervisee must obtain a supervision contract and submita copy to the Board for approval prior to beginning practice undersupervision. Any supervision completed prior to approval of the supervision contract will not be accepted. Such a contract shall not be valid if the supervisor and supervisee have a relationship that could affect the employment or benefits of the supervisor, and that relationship could, in any way, bias or compromise the completion of the minimum number of required hours of supervised work experience. The contract must include the name, address, phone number, and e-mail of the clinical supervisor for the supervisee's place of employment.
(c) Within three business days of the date of termination of supervision by either the supervisor or supervisee, the supervisee must notify the Board in writing in a format prescribed by the Board. The supervisee must submit supervision logs within 10 days of the date of termination . The application of a supervisee who does not have a Board approved supervision contract or whose supervision contract has been terminated is inactive. A supervisee with an inactive application cannot provide counseling services until the supervisee receives written notice from the Board that a new supervision contract has been approved and the application has been returned to active status.
(d) When requested, the supervisee must provide a sample of work to his or her supervisor. Disclosure of work samples shall be in accordance with state and federal rules and statutes governing confidentiality of patient records.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06; Amended at 26 Ok Reg 2417, eff 7-11-09
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 9 - Supervision › Section 38:10-9-5 - Supervisor Requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Qualifications.
To be eligible for Board approval to supervise LADC or CADC candidates, a Licensed Alcohol and Drug Counselor must be licensed and in good standing and:
(1) If originally licensed in Oklahoma, must have practiced alcohol and drug counseling for at least two years after licensure; or
(2) If licensed by endorsement from another state, must have practiced alcohol and drug counseling for at least one year beyond Oklahoma licensure; or
(3) Also hold a license in good standing with supervision privileges in another behavioral health field as determined by the Board; or
(4) Hold a current valid IC&RC Certified Clinical supervisor credential, and
(5) Successfully complete the Board approved alcohol and drug counselor supervision training course, and
(6) Pass the Oklahoma LADC Supervisor Examination(s)
(A) Examination Part A shall consist of a NAADAC clinical supervision exam, or the IC&RC Certified Clinical Supervisor exam, or other clinical supervision exam approved by the Board.
(B) Examination Part B shall consist of Oklahoma State Laws, Rules, and procedures.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 11 - Fees › Section 38:10-11-2 - Methods of Payment

Current through Vol. 41, No. 20, July 1, 2024
Payment of fees shall be by personal check, cashiers check, money order, cash, or credit card. The Board will accept Visa, Master Card, Discover, or American Express. Any check returned, or denied payment or fee(s) to the Board for non-payment may result in sanction(s).
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06; Amended at 26 Ok Reg 2417, eff 7-11-09
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 11 - Fees › Section 38:10-11-3 - Review of fees

Current through Vol. 41, No. 20, July 1, 2024
The Board shall periodically review the fee schedule and recommend any adjustment necessary to provide funds to meet its expenses without creating any unnecessary surplus.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 13 - Continuing Education Requirements › Section 38:10-13-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to establish the continuing education requirements necessary for license or certification renewal.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 13 - Continuing Education Requirements › Section 38:10-13-3 - Documentation of attendance

Current through Vol. 41, No. 20, July 1, 2024
LADCs and CADCs shall retain verification of attendance documents for all continuing education hours claimed for a period of two (2) years. Acceptable continuing education verification of attendance documents include:
(1) An official continuing education validation form furnished by the presenter; or,
(2) A letter on the sponsoring presenter's letterhead giving the name of the program, location, dates, subjects taught, total number of hours attended, participant's name and presenter's name and credentials; or,
(3) An official graduate transcript showing course or audit credit; or,
(4) A letter for approved teaching activities on the sponsor's letterhead giving the name of the program, location, dates, subject taught, and total number of hours taught.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 13 - Continuing Education Requirements › Section 38:10-13-4 - Audit of continuing education submissions

Current through Vol. 41, No. 20, July 1, 2024
(a) Each year, the Board may randomly, or at any time for cause, select up to twenty-five (25) percent of the number of LADCs and CADCs on active status the previous year for an audit of their claimed continuing education.
(b) Licensees or certified persons selected for audit must submit verification of all continuing education credits claimed within thirty (30) days following receipt of the audit notice. The Board may, at its discretion, audit and require verification of any credits claims which it may consider questionable or fraudulent.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 13 - Continuing Education Requirements › Section 38:10-13-5 - Failure to complete continuing education or submit verification

Current through Vol. 41, No. 20, July 1, 2024
Failure to complete continuing education requirements or submit such records shall constitute failure to renew a license or certification and may result in forfeiture of the individual's rights and privileges granted by the license or certificate.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 13 - Continuing Education Requirements › Section 38:10-13-6 - Fraudulent continuing education submissions

Current through Vol. 41, No. 20, July 1, 2024
The submission of fraudulent continuing education hours shall be cause for sanction.
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 13 - Continuing Education Requirements › Section 38:10-13-7 - Providers of Continuing Education

Current through Vol. 41, No. 20, July 1, 2024
In order to qualify and be approved for Approved Continuing
				  Education Provider status by the Board, or to offer single programs for OBLADC
				  continuing education credit, the Provider must satisfy the following
				  requirements.
(1) Continuing education
				status shall be approved prior to presenting continuing education programs.
				When a provider number is necessary, any continuing education event(s)
				sponsored or provided prior to the date a provider number is issued under this
				rule shall not be granted continuing education credit.
(2) Continuing education provider status
				shall be granted to continuing education providers who satisfy the following
				requirements:
(A) Provide the Board with one
				sample continuing education program containing a detailed agenda specifying
				content and time frames for instruction which has been designed or approved by
				the current continuing education director and meets all of the following
				criteria:
(i) Is a course, seminar, workshop,
				or institute that is relevant to, and focuses on the practice of alcohol and
				drug counseling or other clinical, administration, or generalist practice in
				the behavioral health field.
(ii)
				Has stated learning objectives and is of sufficient duration to present a topic
				in depth and detail to accomplish these objectives.
(iii) Is appropriate for the purposes of
				furthering and maintaining the skills or knowledge of alcohol and drug
				counselors.
(iv) The sample program
				must identify the number of continuing education hours that will be earned. One
				continuing education hour is defined as one clock hour (60 minutes) of actual
				uninterrupted instruction.
(v) Is
				instructed/presented by a person who meets at least one of the following
				criteria:
(I) LADC/CADC or other person
				licensed or certified by other counselor professions.
(II)Licensed or certified member of a
				non-counseling field if the content of the program is counselor related and
				falls within the presenter's area of training.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Appendix A - Licensed/Certified Counselor Code of Ethics

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 23 Ok Reg 2177, eff 6-25-06; Revoked and reenacted at 26 Ok Reg 2417, eff 7-11-09
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 1 - Organization, Operations, Procedures and Policies › Section 40:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules set forth in this Chapter describe the organization,
				powers, duties, operations, and procedures of the Board with respect to its
				administration, rule-making, individual proceedings, and other
				activities.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 1 - Organization, Operations, Procedures and Policies › Section 40:1-1-2 - Organization, powers, and duties

Current through Vol. 41, No. 20, July 1, 2024
(a)
Statutory basis.
The Board of Tests for Alcohol and Drug
			 Influence, in this Title called the Board, was recreated pursuant to Title 47,
			 Section
			 759
			 of the Oklahoma Statutes, and is the successor agency to the Board of Chemical
			 Tests for Alcoholic Influence.
(b)
Powers, authority, and duties.
The powers, authority, and duties
			 of the Board are set forth in Title 47, Sections 751-761 of the Oklahoma
			 Statutes, and in other applicable provisions of the Oklahoma Statutes.